Tips

Workcover tips

Know a dirty workcover insurance tactic? Any tips? Tricks? Share them!

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19 Responses to Tips

Tara May 30, 2012 at 1:25 PM #

Get everything in Writing,don’t talk on the phone,they always change what they say.

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- Nicole Bradbury December 12, 2012 at 12:39 PM #
  
  And have copies of everything you hand in to the employer, insurer etc.!!
  
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WorkcoverVictim June 3, 2012 at 12:43 PM #

Via Facebook courtesy of Vanessa
It would appear that in the grand scheme of things the only ones that have any satisfaction are the legal firms. Beware of the ‘no win no fee’ situation as they sometimes have a clause called uplift which I can only describe as “interest” (given the fact you receive the service prior to paying) that can amount to 25% of legal costs which then goes on top of your fees (PLEASE NOTE THIS OCCURRED IN QLD UNSURE OF OTHER LEGISLATION)

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- xchanging victim June 30, 2012 at 3:51 PM #
  
  The 25% uplift fee happpens in Vic too. I won a common law case, settled out of court for 80,000. I was told my legal fees amounted 37,000. I repeatedly asked for an itemised bill. After 3 months of trying to get a response from legal firm I wrote a formal complaint to the legal commisioner. within 2 days my solicitor arranged to meet with me and agreed to refund most of this amount if I withdrew my complaint.
  
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WorkcoverVictim June 23, 2012 at 11:46 AM #

Progressive PSA shared (via our Facebook Page) a link to a web site called mental health links for lawyers http://www.mhl.org.au/default.html There are some services like the mental health crisis teams listed under the tab called “crisis contacts”

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WorkcoverVictim July 14, 2012 at 11:25 AM #

Did you know that if you have a claim with Shine Lawyers (and maybe other law firms) you may also be eligible to make a claim for insurance benefits through your super fund!
Shine Lawyers has a dedicated team of disability insurance and superannuation experts. You could be eligible to claim a lump sum for total and permanent disability benefit if you have stopped work as a result of your injury, conditions include: back/neck problems, knee/ankle injuries, hip injuries, depression, PTSD, spinal injuries, chronic fatigue, brain injury (and other illnesses and injuries).

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- NOJONIFTY 3 July 14, 2012 at 10:15 PM #
  
  ( BEWARE) i looked into this with my liar, oops i mean lawyer . she said 5000 it would cost .5000 so i said send me all the paperwork before i sign anything , as i have become very very wary of liars oops i mean lawyers . the 5000 is for the first stage there,s a second and third stage where they have to fight the insurer for the money on your behalf ends up coming to about 18000 half of my super . i,d rather go without it than let a parasite lawyer get half of it.
  
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  - workcovervictim July 15, 2012 at 8:42 AM #
    
    Thanks for the tip, mate. This sadly means guys that you need to do your home work (same as hiring a NON SHARK personal injury lawyer). I know that Shine lawyers (from my personal experience) charges a very reasonable FLAT fee.
    
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    - WCV October 4, 2012 at 12:14 PM #
      
      I am still have not engaged a liar oops lawyer, because I cannot get past the first free appointment, because although they are eager to take on my case, they refuse to put a fee agreement in place in accordance with our verbal agreement. A tip is to ask for a SEPARATE AGREEMENTS, that is, not a general contract to cover all their work now and possible in the future – this will be easier then to check itemised fees in accordance with agreement. For example, if they are working on a 98C claim, then the agreement should ONLY cover this (it is also important to note that WorkCover covers most of the fees for a 98C & no lawyer admitted this). Once this matter is finalised and they are acting for you in a Common Law Claim – then ensure another matter specific contact is arranged, but check the contract or have it checked by Legal Aid. Do not EVER just take their word for it. No matter what they are doing – a super fund claim, appearing at the ACCS, whatever, always get the fees for the specific matter in writing. Generalised contracts are dangerous. Also be careful to check what it says about DISBURSEMENTS, even in a no win no fee agreement. You may be liable for covering costs such as disbursements even if the lawyers fees are not charged in a “no win” situation, and they can say the disbursement is thousands, so check that disbursements charges are either “non chargeable” or “not more than $…”. You can even have an itemised account written into the agreement, and that any amounts won, be paid into your account not their trust account. How about the onus of trust being on them? If you are unhappy, lodge a complaint, write to your lawyer, and advise that you will refer the matter to the Legal Services Commissioner, if you are unable to come to a quick resolution of the dispute. Many lawyers make the mistake of treating injured workers as unintelligent push overs. The last thing an injured worker needs is a long legal battle where only the lawyer comes out with $$$$ and you have months and years of more stress and a further deterioration to your health. I have found my treatment by most lawyers disrespectful and so I still haven’t engaged one yet, and have been fighting my battles on my own. I’ve only got 6 years – wonder if I’ll run out of time trying to find an ethical one?
      
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- WCV October 4, 2012 at 11:19 AM #
  
  Most legal firms have dedicated superannuation specialists. Also, to make a claim, the injury does not have to be work related. For example, if you lodged a physical injury claim and as a result of your case teams relentless bullying you become worse and then develop a psychiatric injury, a claim to your super fund can still be made. It is completely separate to WorkCover insurance.
  
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workcovervictim July 21, 2012 at 10:01 AM #

It has come to our attention that a couple of injured workers have been ripped off (sadly!) by a so called “compensation advocate”. Some have paid as much as $1500 to (allegedly) get NOTHING in return.
We’d hate to see anybody else get suckered in like those injured workers who contacted us at such a vulnerable time.
The “Compensation Advocate” is located in Victoria and goes by the name of “A Whole New Approach”. Website: http://www.awna.com.au/

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- Nicole Bradbury December 12, 2012 at 12:42 PM #
  
  There is always someone trying to rip off the misfortunate, hope they catch them just arseholes!
  
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workcovervictim September 5, 2012 at 11:20 AM #

I think this bit of LEGAL information is a must know for all injured workers who are for example running a website, Facebook, or even selling some of their belongings/whatever on sites like eBay.

In theory there is nothing to stop you from for example putting a donations facility on your website/Facebook/Blog, but…

…this could initiate an investigation by workcover or their insurer agents into your (injured worker) “earnings”, weekly payments and capacity for work.
It is well known that workcover lawyers [the Defendant] will be seeking discovery of documents including the extent and sum of for example donations, even eBay sales.
It could also become a tax issue.

So, we urge all injured workers NOT to sell items on eBay, not to seek any form of “donations” (i.e. “buy me a beer”) on their Facebook, blogs or any other social media site.

We just learned of an impoverished seriously injured worker who was so desperate for making ends meet on his workcover weekly pay, that he had no option but sell his OWN belongings (what was left) on eBay. This was discovered by the insurer and as a consequence his weekly pay was ceased and he was accused of “fraud” (earning income – notwithstanding the amount was very little). This matter will go to court, however there is a real possibility that this poor man will lose his entitlements.

Be vigilant, be careful and if in doubt ask a your lawyer.

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- WCV October 4, 2012 at 11:38 AM #
  
  I cannot see how the case will be in favour of this poor injured worker. Selling belongings on Ebay is not considered a taxable income, so it cannot be considered an “income” just like a tattslotto win is not taxable and could not be used by the insurance company, not that they would find out, or if you were financial, would want to keep dealing with Satan’s minions right? Or would you? I know for one, even after a substantial tatts win, would keep fighting the bastards, but without the fear of termination that they constantly throw at you by use of the pathetically vague legislation in place. I’d have the confidence to go straight to a lawyer and say lets file some papers to show how the insurer has worsened my condition – lets get more cases like CS vs Davies out to the public, lets expose whats going on, because the more that happens the more likely change will happen. God please you Lisa for this website!
  
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Tony September 5, 2012 at 1:27 PM #

I’ve actually been speaking to a colleague of mine who used to work for the TAC and she says they frequently download Facebook pages etc… in case the “evidence” is later deleted. Beware!

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WorkcoverVictim October 15, 2012 at 9:25 AM #

Nothing to do with workcover, or? By popular demand, here I explain again how you can get your little “image”(aka Gravatar) in your comments (or posts).

Your Gravatar is an image that follows you from site to site appearing beside your name when you do things like comment or post on a blog. Avatars help identify your posts on blogs and web forums, so why not get one too?

Simply go to http://en.gravatar.com/ and follow the easy prompts and you’re done

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workcovervictim November 12, 2012 at 8:04 AM #
Introduction to capital gains tax – Exemptions – courtesy of Pauline and Xchangingvictim (and worth adding to the tips and tricks for ease of reference)

Compensation or damages you receive for any:
- Wrong or injury you suffered in your occupation.
- Wrong injury or illness you or your relatives suffered.
http://www.ato.gov.au/corporate/content.aspx?doc=/content/00208572.htm&page=18&H18

I’ll got to ATO and ask more information.

This should be a sticky for all injured workers, at least we don’t have to pay MORE taxes on wages that the corrupted insurer didn’t pay for years because it unlawfully denied your claim!

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- ithurts November 12, 2012 at 6:45 PM #
  
  Just be careful about the definition of the amount received. Anyone who receives or is offered settlement amounts should get the advise of a good Accountant or Tax Agent. I have seen it done wrong, where tens of thousands dollars of tax had incorrectly been paid over a couple of years. Make sure your Tax Agent knows the rules about settlements & WC
  
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Nicole Bradbury December 12, 2012 at 12:29 PM #

In order to survive and keep myself sane. I came across a sight that really helped me get my barings. It is easy to focus on the negatives but if we do this then that is where we will always stay. I look at the negative and write it down. Then I try to look at the situation and write down what I had learnt from that experience. In doing this I have found it helps me be more positive about shitful situations. For example I am injured, can not go to work and am on the Nes program. What are the positives? I learnt that my employer was not a worthwhile one to work for, they had no care for me even though I worked with them for years. So I need a better employer! I get to look after my family at home,I will learn new skills when I start a course, and I will meet new people. Just changing the look of things can help you feel a little better about things. If we have positive minds we can get through things easier!

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