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Reckless injured worker’s common law damages reduced by 70%

By on May 24, 2013 in Common Law, Legal cases, Return to work, suitable employment, WorkSafe Vic

A couple of weeks ago I came across this bizarre but interesting Victorian legal case, whereby the Victorian Supreme Court decided (in 2011) to reduce common law damages awarded to a seriously injured worker by a whopping 70% -because the injured worker – who suffers a major back injury – continued to “recklessly” work on [...]

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How are damages calculated

By on May 20, 2013 in Common Law, WorkSafe Vic

Further to yesterday’s article in which we discovered that if an injured worker recovers damages for their loss of earnings and earning capacity (in a common law claim) they are required to repay any amount they have received from WorkCover for weekly payment of compensation, we though we’d re-summarise how common law damages (both pain [...]

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Injured worker aggravates work injury after fall at home – weekly pay ceased!

By on May 10, 2013 in Stories, WorkSafe Vic

“Carefactor 0″ is a Victorian-based  injured worker, who suffered a severe cervical spine (neck) injury at work, for which she underwent surgery but is left with ongoing motor issues affecting her upper and lower limbs. One of her main issues, apart from ongoing pain, is that she has difficulty walking due to residual weakness in [...]

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Vic Premier Naphtine called building workers safety march a disgrace

By on May 1, 2013 in News, OH&S, WorkSafe Vic

More than 5,000 construction workers stopped work to march through Melbourne’s CBD to highlight concerns over safety standards on construction company Grocon’s work sites. Premier Denis Napthine called the march a “disgrace”! Building workers down tools for safety protest Protestors held a minute of silence at the CUB site on Swanston Street, where Melbourne siblings [...]

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Victoria safest for young workers: twisted workcover stats!

By on April 25, 2013 in Safe Work AU, WorkSafe Vic, WTF

Assistant Treasurer Gordon Rich-Phillips, Vic’s workcover Minister revealed on 19 April that recent WorkCover statistics show Victoria is the safest state in Australia for young workers when comparing the work health and safety schemes of each state and territory. Now, now, isn’t this a rather misleading way of hiding the truth of  SafeWork Australia’s newly [...]

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The worst workcover claim we have ever heard of – a lawyer who lied, a doctor who made a mistake and an injured worker crippled for life

By on April 20, 2013 in Shame files, Stories, WorkSafe Vic

Having just read your article – One of the worst workcover claim handling we have heard of- I felt compelled to share my story… I am [in my late thirties]. My injury occurred [just over five years ago], Lifting, nothing heavy, quite innocuous in fact. I presented to my doctor with pain radiating from one [...]

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Welcome to The Workover

By on April 12, 2013 in Ramblings & Whinges, Stories, WorkCover, WorkSafe Vic

Welcome to The Workover “Workover” is what I’ve come to call the industry that thrives off the billion dollar annual WorkCover budget in Victoria. “Workover” is a corruption of the word “WorkCover”, one that comes naturally to mind when you’ve spent any time in the system. WorkCover promises rehabilitation, compensation, and return to work for [...]

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A Game For Injured Workers And Their Supporters

By on April 2, 2013 in Return to work, Stuff, WorkSafe Vic

  A Game For Injured Workers And Their Supporters It’s Called: Whispering Up A Storm In the Workover   Here’s a way you can spend 15 minutes on line, getting really angry, vent mightily while acting empowered and whispering in the Workover. It’s based on the idea that many whispers will grow into a storm [...]

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Workcover VIC

WorkCover VIC: Frequently Asked Questions, Support, Resources and updates     15 April 2013   VIC WorkSafe – The is VIC’s state government authority that manages Victoria’s workplace safety system. Victoria’s Workers Compensation Act Resources and links     The most frequently questions answered about WorkCover Victoria Who is covered under workcover VIC? I have [...]

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75% of young injured workers do not apply for workcover – SafeWork AU

By on March 28, 2013 in WorkSafe Vic

SafeWork Australia’s newly released  report “Work-related injuriesexperienced by young workers in Australia, 2009–10″ shows that workplace health and safety basically is not working for young workers, that under 25′s account for most work injuries, and… hang on, that almost two thirds of injured young workers did not apply for workers’ compensation. 75% of young injured [...]

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Surveillance evidence defeats injured workers damages claim

By on March 10, 2013 in Common Law, Compensation, Legal cases, Surveillance, WorkSafe Vic

Again, in this legal case [Vic], an injured worker’s credit was significantly undermined by  workcover insurance’s surveillance video footage. Please remember at all times, and especially if you are undertaking legal proceedings (i.e. common law damages claim, serious injury certificate etc.) that the insurer (defense) WILL put you under surveillance, by means of “finding anything [...]

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The importance of an accurate injury claim form

By on March 5, 2013 in Insurance claims, Legal cases, Tips & Tricks, Workplace injury, WorkSafe Vic, WTF

We have said it many times, the best and only ways to preserve evidence of your work injuries are by reporting all of them promptly to a doctor or other medical provider (i.e. hospital), by accurately filling in the injury claim form, and by photographing any visible marks, cuts, bruises, swellings, including any casts (plaster), [...]

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WorkSafe launches “new” campaign – RTW now or else you will get mentally ill!

By on March 4, 2013 in Return to work, WorkSafe Vic, WTF

Oh dear, check this out, Workcover Victoria (WorkSafe) has launched a brand spanking “new” campaign today to get injured sods back to work pronto because “the longer injured workers are off the more likely they are to require psychiatric and psychological help“. Needless to mention that  RTW and rehabilitation strategies are , again, gaining priority over [...]

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Workcover claim accepted – but surgery, procedures, imaging, specialists and treatment denied

By on March 3, 2013 in Case manager (follies), Entitlements, Insurance claims, Resources, WorkCover, WorkSafe Vic

Workcover insurance companies quite often tell us and our treating doctors that they will not pay for procedures that the doctor, even the most expert of experts, says are medically appropriate and necessary. In Victoria this is in accordance with Division 2B of Part IV of the Act aworkcovervictimsdiary often hears from  injured workers whose [...]

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Beware that Medical Panel opinions & decisions are legally binding

By on February 25, 2013 in Common Law, Legal cases, Medical Panel, WorkSafe Vic

Late last year, the court of appeal (VIC) handed down a – in our humble opinion- rather harsh decision concerning Medical Panels, which may have serious ramifications and consequences for all injured workers referred to such Panels. Beware that Medical Panel opinions & decisions are legally binding In the Victorian case Kocak v Wingfoot Australia [...]

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How does social media and other surveillance prejudice an injured workers case?

By on February 24, 2013 in Common Law, Compensation, Surveillance, Tips & Tricks, WorkSafe Vic

It is a well known fact that workcover insurers (and their lawyers) are crawling all over injured workers’ Facebook pages (and other social media sites), and routinely download those pages in “evidence” in case they are later “altered”. Many [genuinely] injured workers still do not understand how stuff posted on Facebook could possibly prejudice their [...]

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