Workcover letters

Sample and real Workcover letters

workcover-complaint-letters

By popular demand, here are real letters, written by lawyers and injured workers which you can amend and freely use…

Sample letter request no direct communication

[written by a lawyer whose wife is injured]

Dear Madam:

I write to you in relation to your recent conversation with my wife over the last couple of days but most particularly today’s date at approximately 2.10pm.

You may or may not be aware of my wife’s medical condition and prior direction to the former Insurers GIO.  Therefore, I will stipulate and remind you of those at this time yet again.  My wife suffers from a serious psychological injury; your continual communications with her only aggravate the situation.

GIO was and now we remind and direct GALLAGHER BASSETT that ALL communications are to go through my wife’s Legal Representatives.

(Legal Reps details)

From this date forth, my wife directs Gallagher Bassett not to communicate with her directly in any way shape or form, no telephone calls, no letters, no emails, not even messenger pigeons NONE WHATSOEVER.

You have been put on notice and failing which my wife will have no other alternative but to apply for an Intervention Order against any personnel from Gallagher Bassett that tries to contact her.  She is NOT WELL.

Signed

Download the sample letter (Word)

Sample letter to request termination of case manager

[Written by a Lawyer]

We refer to the above matter.

We have received a copy of the exchanges between our client and [case manager name] at your office dated [insert date](copy enclosed for your ease of reference). We were disappointed to note the content of  Xchanging’s response to our client ’s request for payment of overdue expenses including the following: “we don’t  want  to feed her behaviour  again”,  “once again she is becoming demanding with her emails and I w ill not be responding ”.

We understand that on the foot of previous problems, there was an arrangement made that all communication be made via the treating practitioner. Our client instructs us that this agreement was contravened, as a result of which she lodged a complaint with Xchanging expressing her desire that a new Case Manager be appointed.  We do not believe her complaint has yet been acknowledged.

It would seem that there is now an administrative block on [ case manager name] receiving emails directly from our client.  Consequently our client has been sending her correspondence to [name]who is the RTW at the [workplace].    Against this backdrop, with respect, we consider the relationship between our client and [case manager] has broken down and this is affecting our client in a very negative way.

We consider that the best course of action in this situation would be for the file to be re-allocated to a new Case Manager.

Yours Faithfully,

Signed

Download the sample letter (Word)

Workcover case manager does not respond

Write a complaint letter to WorkCover (the Authority) and/or the insurance company’s Director. See sample letter here>>

Request copies of workcover documents under Freedom of Information (or Accident Compensation Act)

Example letter 1 to request copies of workcover documents:

To Whom It May Concern (Insurer/ Claims Manager /etc)

Under the Freedom Of Information, Section 107 of the Accident Compensation Act (VIC). I hereby request my file unabridged and complete. I request all notes on computer file, notebook or note pad. I request  all photography and surveillance notes – still video –all audio recordings, connected to my file, not just audio file of myself, but all audio file where my claim is the main topic of discussion. Please send this as soon as possible to (yourself,  or Legal Firms name and address, or G.P. name and address )
Claim name and number.

Example letter 2

To Whom It May Concern (Insurer/ Claims Manager /etc)

Under the Freedom Of Information,  Section 107  of the Accident Compensation Act (VIC), I hereby request that you please send the report by (Dr  …………..)    which I attended for a review on the ( date) Please send this assessment as soon as possible to myself (or my treating doctor (Dr …………). or legal firms name and address.
Claim name and number.

Download the sample letters (Word)

Sample letters to make a complaint about an IME to WorkCover Authority

See our article: Please complain against a more notorious IME

Download the sample letters (Word)

Dear Minister For All Things,

Workplace Bullying

The absence of any accessible and effective remedies for the overwhelming majority of workplace bullying cases is a scandal.

Government has continued to miss the point on workplace bullying both in its capacity as a major employer and as lawmaker.

Its record as an employer is reflected in the People Matter Survey 2010 of Victorian public sector employees. With almost 19,000 respondents the survey disclosed that:

  • 34% of public sector employees had witnessed workplace bullying in the last 12 months;
  • 21% of employees had experienced workplace bullying in the last 12 months; and
  • of the latter 60% have been bullied by a manager.

The Government’s record as a lawmaker through Work Safe Victoria is reflected in WorkSafe’s report that of 6,000 bullying complaints made to it in the last year only 60 resulted in a workplace inspection by an inspector.

Recent amendments to the Personal Safety Intervention Order Act 2010 were welcome. Those amendments were directed to rendering conduct, directed to self-harm by victims as unlawful and included cyber conduct. However, that legislation is directed to a minority of cases and generally to co-workers rather than management.

The real issue seems to be cultural. Surely it is not acceptable for one fifth of public sector employees to consider that they have been bullied at work in the last 12 months. (The survey did not ask the question about bullying in the last 5 years). Similarly it is difficult to accept that only 1% of all bullying complaints to WorkSafe were worthy of detailed investigation.

There is clearly a mismatch between employees’ work place experience and official action.

In my practice it is clear that “legitimate performance management” or not getting their own way, do not explain the experience of the overwhelming majority of the bullied.

Yours Worriedly,

[Letter published by Ryan Carlisle Thomas Lawyers]

See related article: How credible is WorkSafe on workplace bullying?

Download the letter (Word)

A complaint letter re biased IME psychiatrist

Complaint re IME Psychiatrist, Dr  X – Breaches of Professional Standards and Bias by Dr X in Assessment and Reporting re Pauline Pope (July 4th 2003). Bias in Dr X’s process of reporting and assessment.

See article on our blog: If the IME expresses bias in your assessment report, Complain Complain Complain

A great letter to an MP by an injured worker

Yet another good example of an injured worker articulating the obvious short-sightedness of WorkCover changes to an MP that no doubt supports the changes.

Dear Mr Ayres

I live in the Penrith electorate and I write to voice my concerns about the changes to workers compensation currently being proposed by the O’Farrell Government. In short, the Liberal government of which you represent.

As a severely injured worker, I have first hand of the workcover system and I admit it has a number of problems, however I firmly believe most of these problems lie in the administration of the system and unscrupulous insurers.

Cutting or reducing genuinely injured workers weekly payments or medical expenses is not the solution to the problem.

In my situation, I chose conservative treatment, as recommended by my treating medical professionals for a spinal injury that I sustained in my job one and a half years ago. The reason for the conservative treatment is that surgical intervention for this particular procedure is extremely risky and positive results are not always achievable, adding to this; recovery from the surgery is a very long and arduous process, in other words surgery is only carried out when all other treatments have failed and have been exhausted. As things have gone, conservative treatment has not worked in my case and now I am faced with an ongoing reduction in motor function that will eventually lead to complete loss of control of my lower limbs without surgical intervention, hence I am now facing surgery in the next couple of months and the long recovery afterwards. It is also often the case that injuries such as the one I have sustained require on-going medical treatment for many years after surgery.

The proposed workcover changes that have been mentioned may mean that I will lose any income or medical support during the recovery phase of my difficult medical journey. Already the financial burden of the workcover statutory rate has placed a number of strains on my being able to pay for my basic living expenses. I am currently living way below what I was earning before the injury and I will not be able to sustain my mortgage payments with this minor income without supporting it immediately after the surgery by working part time as I currently am able to do, or the alternative option of selling my house which is a grave concern to me. This is without even taking into account the fact that the speculation appears that weekly payments for most injured workers will cease after 2 and 1/2 years. This approach would be completely callous for people who are in my situation as it appears any humanity has been removed from the system in favour of profits for what is essentially a very badly injured worker, who I add sustained his/my injury through no fault of his/my own in the course of his/my employment.

This situation has had a profound effect on me as I am now unable to do so many of the things I used to love doing, whether it be sports or other hobbies and interests, such as aviation, For example, I used to earn a part time income as a Flying Instructor which was my passion, hobby and a major part of my life and happiness; but I am now unable to receive a Flight Crew medical clearance due to my injury.

My wife and I were trying for our first child before I was injured at work; it has not been possible to continue this endeavour physically since I sustained my injury. The physical impairment and pain it has caused as well as the financial burden are just the tip of the iceberg in my situation. With the emotional strain that has accompanied the injury as I am sure would be the case for so many injured workers out there; it has not been an easy road and now I hear that the NSW Liberal Government is proposing to slash the payments to injured workers. Again, I will say that cutting the minor incomes for injured workers is not a way forward in this matter for many injured workers.

I must emphasis that the experience I have had as an injured worker under workcover has been the worst experience of my life. So I don’t pretend it is a perfect system, far from it. My experience has affected so many people around me and the impact has had had a profound effect on those closest to me and I dare say that every single badly injured worker and their friends and families will feel the same way. If savings need to be made to the current system then it must not come about by reducing the payments to those most in need.

Mr O’Farrell says he needs to cut workers compensation benefits to fix his budget. He also says workers compensation costs businesses too much money. But according to the Government’s own research, workers compensation premiums have fallen 33% in the past seven years, saving NSW businesses $1 billion a year.

I’m concerned that these changes will only benefit insurance companies, at the expense of injured workers.

Instead of cutting injured workers benefits, the focus should be on preventing injuries in the first place and strengthening requirements to provide suitable duties so injured workers can get back to work as quickly as possible.

I urge you to support these kinds of initiatives instead of heartless cuts to the rights of injured workers.

Yours sincerely,

Injured worker

A similar letter can be found here>>

Letter to the Prime Minister

Below is a letter “At A Loss” has sent to the Prime minister, please feel free to copy and paste and send it to Julia Gillard.

The Hon Julia Gillard MP Prime Minister Parliament House CANBERRA ACT 2600

Dear Prime Minister,

I write to you with the deepest concerns in relation to the mismanagement of the State of New South Wales, particularly the conduct of the O’Farrell Government and its devastating assault on the injured and vulnerable under the Work Cover scheme. Prime minister urgent federal government intervention is imperative; the O’Farrell government must not be allowed to continue its assault on the injured and vulnerable. I understand the workers compensation scheme falls under the management of the NSW state government and is a state government issue. Prime minister if nothing is done it will become a Federal government issue and concern, affecting every tax payer in Australia through increased pensions, Centre link payments and further strain on hospitals and Medicare and let’s not rule out a reduction in taxes as unemployment will rise. Prime minister the O’Farrell government put simply wants to palm off any financial responsibility to the Commonwealth of Australia. The disturbing and questionable part is that the O’Farrell government is palming off private debt to the Commonwealth. Yes the draconian one sided changes to workers compensation are effectively releasing the Insurance companies of their financial obligations and placing the financial burden onto the Commonwealth and the heartless calculated causalities of the O’Farrell government are the Injured. Prime minister surely there must be laws within governance or the constitution that prohibit government leaders from shifting financial obligations onto the Commonwealth. Perhaps you could trim or shift the GST component as NSW is operating on less, after all O’Farrell expects the injured to live on less. Prime minister Fair Work Australia also needs to have the power to investigate the treatment of injured workers, in its current form injured workers are subjected to horrific treatment and as it stands Fair Work are unable to assist. The only avenue Injured workers had was through the Workers Compensation Commission. That is no longer an option as O’Farrell expects the injured to pay costs even if successful. Injured workers face termination of employment and non provision of suitable duties they face bullying and harassment, they face victimisation to name a few and are more vulnerable now, more than ever.

Injured Voter and soon to be welfare recipient.

Download the letter (Word)

A letter to Centrelink

A very brave and seriously injured worker, destitute and left to rot by our workcover system, most kindly shared his pleading and most enlightening letter he wrote to Centrelink to stop workcover insurers of defrauding injured workers

Sample letter to Media

Dear [Media Stinger],

Approximately [2 weeks ago], you broadcasted a report on fraud by an injured worker in [State]. I frankly don’t know whether or not this injured worker in fact committed fraud. I have no sympathy for injured workers who defraud the workcover [insurance] system. But what is astonishing to me is that your report/show focused on what is acknowledged by the vast majority of academic experts to be, by far, the source of the lowest amount of fraud in the workcover system. In every study that has been done on fraud in workcover, employer, insurer, and service provider fraud are found to be a dramatically greater problem than injured workers’ fraud. At a time when injured workers throughout this nation are suffering enormously from “deform” of the system driven primarily by insurance providers, your report/show/article gave a seriously skewed presentation on the problems with the system.

I certainly don’t believe you have a serious interest in what is happening to injured workers [like me], but if by chance you do, I urge you to take a look at for example [the recommendations that were made by the xxxx (an administration not particularly sympathetic to workers), then have your staff compare those recommendations to today’s reality for injured workers. We should really be deeply ashamed of what we are doing to injured workers throughout this nation.

[Or take for example my situation… explain your story…]

I wish I did not feel cynical about sending you this letter/e-mail. I am sorry that you have bitten the insurance industry bait, hook, line and sinker!

[Sincerely,]

(read article: Workcover is portrayed by the media as an undeserved benefit)

Download the letter (Word)

More workcover and related letters

Dear Insurer, I don’t like doing business with vultures…

 

Do you have a good letter? Fancy sharing it for fellow injured workers? Please do!

 

 

 

 

 

 

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