Your Stories

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At any one time there are 120,000 people recovering from a workplace injury in NSW. These are the stories of some of those 120,000 people. Feel free to add your own.

If you need assistance please contact us on: (02) 9749 7566 or email: help@injuredworkerssuport.org.au

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  1. Salone

    I work 3-11:30 and then have to get back up at 4 to get to work at 5:30 am until 2 and then I repeat it all over again? Is that against the law?

  2. diknat

    hi all i just want to ask about how workers compensation works since i am new to this and a bit naive. I hurt my back at work and MRI says i had facet joint edema and at the moment I am attending physio. I submitted all the requirements that are needed by the insurance company like work cover certificates etc..My question is when do the insurance company starts paying you with the 95% of your wages?One week after I hurt myself, I went back to work but doing light duties only. I have checked my bank account and it is only my employer paid me for the hours I was doing light duties but i haven’t received any payment from the insurance company yet. I would just like to know if the insurance pays you every fourth night or is it weekly? Sorry for my grammar, english is my second language…I would really appreciate if anyone can answer my question I am just confused how this things work. Thank you.

    1. Richard

      Hi Diknat. A lot depends on how many hours you are working at the moment. If you are working full time and being paid your usual rate, you will receive nothing from the insurer. It also depends on the arrangements your employer has with his insurer – he may pay you what you are entitled to and claim the compensation money back from the insurer himself so you do not receive any money from them. The insurer has, I believe, 21 days to decide on whether to accept the claim or not.

  3. Joanne Slater

    Thankyou for this opportunity to speak. I had a Traumatic Brain Injury 3 years ago where I was hospitalised having to relearn everything including speech, walking, throwing a ball to social skills and everything else. Assessed at WPI 13% I received workers comp for 6 months then less than half of wage for another 6 months. Completely at the mercy of health professionals, insurance company and my lawyers I had no skills in communication, forms, or day to day living. Everyday was a struggle to stay alive and due to a severe brain disfunction had poor decision making abilities. Lawyers had no case Because there were no fractures in my neck or head only 50% compression in T6. MRI, CT scans and X-rays were finally ordered after fluid leaked from my right ear. Complete decompensation of body along with excruciating head and neck pain that would be described worse than child birth. No structural evidence was substantiated yet if the tests had of been taken when presented at emergency I am sure that a bleed would have been detected. The dr refused and fought with me because I was a female who was of child bearing age. He did not ask me if there would be any risk of being pregnant nor treat me nor follow up. There was zero chance I was pregnant. I visited a second dr to get texts done who also refused to test me and just prescribed ibuphren and had me come back every 2 days for a month sent me back to work when I could not hold a conversation, recall words and was an emotional blithering mess. The school I taught at then observed me an immediately organised support for me after observing a partial seizure I had at work. Over the next few years I lost contact with friends family and my 2 children ages 13 and 16 had to fend for themselves while I was rehabilitating and had no money to support them. To this day I am still rehabilitating and trying to support my children with no assistance from the Department of Education nor it’s insurance company. Defaming reports and hiding evidence I needed for proper treatment in recovering. The local hospitals refusing to admit on emergency and not equipped with diagnostic tools that were needed to show I had an injury. 2 weeks ago I saved all my money to get a QEEG done that is a tool for functional brain disorders that showed I had a severe injury at the back of my head and contra coup to the front left frontalobe where my emotion and communication areas lie. With neurofeedback they were able to clearly see very significant deficits. I am now able to finally receive treatment but it is very expensive. Medicare does not cover any part of the treatment. I have however ‘acquired’ a great amount of research and knowledge on this matter and will be most happy to help anyone you know who is suffering the same sort of symptoms. I would never wish it onto the most evil of people even the politicians who have no knowledge nor any understanding. Or the so called medical professionals who work for the insurance companies. I do however really want to pass on the valuable information I have learnt to help save others from the trauma and processes involved, short cutting to getting proper medical treatment when needed at your most vunerable moments.

    1. Complainers of the world make a difference

      Joanne, are you in NSW? Ring WorkCover 131050 to ask about re-opening your claim with the insurer. If you are or were working for the NSW DEC you should contact your insurer, Allianz TMF to ask them to re-open the claim.
      Would be interested to see what happens now you have a proper diagnosis. Also would like to know who diagnosed you for the insurer previously.

      1. Joanne Slater

        Thank you for your response. They closed the case after Dr Linda Thomas apparently a neuropsychologist who said everything damaging and unprofessionally reported everything but a TBI. Very defamatory report, selectively reported and extremely biased. She name called me a drama queen, malingerer amongst other things. Also Dr Peter Morse paid by ALIAS Pyschartrist backed her up again supporting insurance company. Though his testings showed I was not a malingerer and being a Maths teacher hardly puts me in a Drama Queen category. The tests I did with Linda Thomas were not long after I was out of hospital and still extremely fatigue, confused and fragile with all TBI symptoms still present. Testings produced results equal to dementia. I have had a clinical psychologist (anxiety and depression) background with 10000 reports for an insurance company of people who had TBI s. He confirmed I have had a severe TBI and my GP is also saying it is a clear cut case of TBI. I sent an appeal letter to Allianz and they said they couldn’t read my email. Yes it happened in NSW in March 2012 before the changes in June. I have found a Pyschartrist trained wth exertse n TBI that does medico legal and uses qEEG and I’m saving for my visit apparently he is known as a good honest man. The test I had done was with a Neurotherapist using qEEG that has 30 years experience with the health industry in Germany but does not want any involvement with insurance companies in Australia. It has taken me 3 years to beable to comprehend what I have gone through and up until now had no fight in me. Everything was too stressful too handle and damaged my recovery . According to my reports Allianz claims that my injury should be recovered from 2 years ago. Allianz has not provided the medical assistance I have needed and continue to need and have hindered to the recovery process in a significant way. I would have been better off never having an insurance company involved at all. Why do we pay for insurance if it is detrimental to the purpose we have them for in the first place?

  4. Jimmy

    Hi I was just wondering if you think it is worth challenging a case with my assessment at 24% the insurance doctor and offer is 22% I’m 35 yo

    1. kiwi68

      My assessment from Shine lawyers specialist was 31% the insurer offer was 24% which I declined twice so it went to WorkCovers AMS for a resolution he came back with 32% which the insurer then desputed but to my supprise Work cover upheld the AMS findings

  5. Vikkie

    Hi I got injured in 2013 in the workplace and had to have surgery on my ankle with a torn tendon and now have a permanent injury even though I am back at work full time there are things that I can no longer do in the job I had LHD Lawyers working on my case for the past year and a half and going to doctors and getting there veiw as they were putting in a claim for me now they have come back to tell me that I am not getting any thing and they will close my case is this right as my ankle will never be the same I need help I am so angry at them for keeping this going on for two years and now tell I get nothing I don’t think this is right … vikkie

    1. Complainers of the world make a difference

      Vikkie,
      Your claim for a lump sum depends on whether you are over 10% WPI under the new legislation. The WPI % is carried out by an IME or AMS and they test your ankle through Range of Motion Testing and put simply if you have good range of motion you get a low percentage no matter how much pain you are in. This is due to the 2012 changes in the WC legislation. You are also off their books for treatment after 1 year if they have stopped weekly payments because you are back at work. Your solicitors now have to apply to get their funding from ILARS and if you are under 11% WPI they can’t get funded as their is no ability to make a claim for you. This is one reason we are all so upset about the changes. No lump sum under 11% WPI and no Pain and Suffering for anyone.
      The changes don’t apply for Emergency Services.

      Blame the government, not your solicitors as it sounds like you have been getting assessed for your Whole Person Impairment percentage by various doctors and you have not reached the percentage now required.

      If you get worse down the track and you need further surgery you might be able to re-open your case to get such treatment but I think you only get treatment and weeklies for the time off work after the surgery.
      You can check with WorkCover 131050 or with WIRO to make sure what I interpret is right.

      1. Vikkie

        I am under the old seem it called the grandpa worker’s comp so it is different from the new one but that’s ok I am going to see someone else next week about it .

        1. Complainers of the world make a difference

          Good luck! Hope it all goes well.

  6. Carl

    To all if you need something from the insurer I.E; treatments help etc. then you should go to your doctor to get them to write a letter asking for what ever needed, if the insurer doesn’t reply within a reasonable time then go back to the doctor to get them to resend the request. Keep doing this for what ever you need until the insurer replies either in the positive or negative.
    I we all do this for everything we need it will cost the insurers for every Dr visit & the letters, this will effect the bottom lines of the insurers which will put pressure on them to approve requests faster so the balance sheet is not dented to much.
    The insurers fail to approve our requests as they don’t have to pay for your phone calls, faxes or emails but they do have to pay for all doctors correspondences plus the visit to the Dr.
    Make the insurers pay for making your lives as hard as they do.
    Carl

    1. Pee'd off

      Hi Carl, another strategy is to put it in writing once and give them a reasonable timeframe to respond eg. 5 working days and state that if a response is NOT recieved by X day at X time then it will be deemed a refusal. Then take your matter to Conciliation for reolution. This works in VIC but IWS might be able to advise about the resolution process in NSW. “No decision” is considered a deemed refusal, i.e. an adverse decision which can be challenged.

      1. sharon

        It is not 5 days, you have to give at least 28 days.

  7. Bob

    Hi guys,
    Is it legal for QBE insurance to hire surveillance on individuals specially after they SUSPENEDED, TERMINATED OR REJECTED their claims?

    CHEERS

    1. Complainers of the world make a difference

      Don’t think it is legal to do surveillance if they are not paying your claim. Ring the police if you see the investigator as this would be stalking I would think.

  8. kiwi68

    Hi everyone,
    I;m new to the post I am 47 years old, I was injured in Aug 2010 on the job as a Fitting / Paint shop Supervisor, Laid off in 2013 after going on full time workers comp in Sep 2012 due to work restructuring. Received my Workers compensation commission certificate of Determination in Feb 2015 (32% permanent impairment).
    My Question is does anyone know of banks that will do house loans when you’re on permanent workers compensation payments as I’ve asked the insurer for a letter of my entitlements moving forward and my case manager is asking his manager but is sure they don’t do them as the legislation could change at anytime.

    Kind regards Ian Graham

    1. Complainers of the world make a difference

      Well, my bank was happy to rely on a letter from the insurer. You are over 30% WPI so you do not have to undergo work capacity decisions as far as I know so can stay on benefits as long as your doctor provides a certificate stating you remain unfit until your retirement age.
      Have you applied for your section 66 lump sum yet? If not you need to ASAP. This will be a reasonable amount for you and does not impact on other benefits and is not taxed.
      If you do not want to remain in the system inquire about either Work Injury damages or commutation. If you accept any of these you will get a lump sum and will not be in the system any longer, nor can you get Centrelink for a period of time but the lump sum can be enough to put into superannuation or to pay a fair amount off your home if you have a working partner who can make payments for a few years till you can get Centrelink. You also forgo treatment if you get WID or Commutation. Ask your solicitor and weigh it all up.

      1. kiwi68

        Thanks for that, received section 66 lump sum yesterday, I’m happy to stay in the system. I’ve been with one of the big four banks for 23 years and when I asked the bank about obtaining a home loan while permanently on the Workers Compensation and they informed me they used to but stop doing them in 2011.

        1. Complainers of the world make a difference

          Perhaps you might try another bank.

          Even though you are happy to stay in the system sometimes it is just worth discussing your options as you are quite young so WID would be at least a two or three hundred thousand if not more. With WID you have to pay your own costs but a good solicitor will tell you if you have a case and what the costs are.

          The insurer may even offer that for a commutation which has different guidelines to WID so is usually less but the insurer pays costs. As you are over 30% they have to pay you until retirement so have to calculate what the liability of your claim is for them for the next 20 years.
          You don’t have to go ahead if they offer too low but sometimes the solicitor will ask what they will offer to get the feel from the insurer.

          Sometimes people just take the lump sum so they can get their lives back and control their own medical care and so they don’t have to put up with the harassment from the insurer etc.

          1. kiwi68

            The advice is very much appreciated, I have had those decisions already with my wife and my solicitor and as tempting as the thought of WID was, with careful consideration we felt staying in the system was right for us at this time as my wife is unable to work as well.
            One of the deciding factors for us was that for every 50k you receive is a year off Centrelink and the state of government hospitals and waiting periods for treatments, Medical for life on my injury was a huge part of our decision, dealing with the insurer up till now at least has been less stress than the crap I’ve had to put up with Centrelink dealing with other family issues.
            I do wonder how Centrelink came up with the figure of $50k per year when Work Cover thinks $37,539 per year is enough any ideas on how Work Cover came to that conclusion / Figure????

  9. Cathy

    Hi everyone,

    Desperatly need advice i injured my back at work after a severe fall , long story short CT scan and MRI had to be done and then had to see a neurosurgeon .

    My neurosurgeon has submitted a report to QBE informing them i will require surgery. Up to this point QBE had sent me two previous letters the first accepting provisional liability and wanted me to release previous clinical notes , then i received fhe second letter informing me they accept full liabilty and went in to send the approvals for MRI and the neurosurgeon .

    After my neurosurgeon submitted his report and reccomendation , i received a letter from QBE with in two days requesting i see a neurosurgeon of their choice. In this request they state the reason for this is to a). Assess my need for any ongoing treatement b). Assess their liabilty for the injury !!!!

    When reading their request letter i kept thinking in my head this doctors name sounds familiar [name retracted] , so i thought i am going to google his name and i was MORTIFIED at what i have found . This surgeon has been suspended in Brisbane for FRAUD, he has also been responsible for a patuents death and had a coroner critise his dusregard for patient wellbeing , if that isnt bad enough i find over 30 receiws written about his misconduct , misrepresentation writting fabricated reports for the insurance companies and was even ordered to psychiatric testing himself . A little mire digging and yet even more comes out this doctor has now relocated to Sydney after being suspended in Brisbane for fraud and had a inquest for a patients death and now works for medical legal opinions , he is also on the workcover advisory board which is a blaten conflict of interest .

    I have genuine fears and concerns for my health and wellbeing and DO NOT WANT THIS DOCTOR NEAR ME !! What rights do i have and what can i do . I dont understand how QBE can accept liability , receive a report from a top notch neurosurgeon with supporting CT scan and MRI and then try this rubbish of re sending me to their doctor who has been responsible for a patients death , suspended for fraud and also state they want to assess their liability after already accepting liabilty .

    PLEASE HELP any advice would be appreciated as i am running out of time as they have made the appoinment with this surgeon on 01/04/15

    Cheers

    P.S wishing everybody marching today against work cover the best of luck and say THANKYOU for fighting for all us injured workers being taken for a ride by employers , insurance companies and misrepresenting doctors

    1. Complainers of the world make a difference

      There are WorkCover Guides for the use of IMEs and part 1 is mandatory for insurers. Part 1 states “Mandatory obligations are set out in Part 1 of these guidelines. These are made in accordance with section 119 (4) of
      the 1998 Act which states that an examination of a worker who has given notice of an injury must be in accordance with the WorkCover guidelines.”
      “Must” means it is mandatory legal requirement that the procedures are followed by the insurer before you can be sent to an IME for the insurer.
      The guides define the examination as follows “Definition of Independent Medical Examination-
      Independent medical examination means an impartial assessment based on the best available evidence that is requested by a worker, a worker’s solicitor or employer/insurer and undertaken by an appropriately qualified and experienced medical practitioner (who is not in a treating relationship with the worker) for the purposes of providing information to assist with workers compensation injury and claims management.”

      Before an IME is undertaken there is a pre-requisite for the insurer as follows…
      “A worker receiving weekly compensation payments can be required to submit themselves for subsequent independent medical examinations when information from the treating medical practitioners remains inadequate, unavailable or inconsistent and where the referrer cannot resolve the issues related to the problem directly with the treating practitioner(s) and:
      -the subsequent independent medical examination is with a specialist medical practitioner with qualifications relevant to the treatment of the injured worker’s injury; and
      • the employer/insurer has evidence that the worker’s medical condition as a result of the injury has changed; or
      • the employer/insurer has evidence of a change in the worker’s health not resulting from the injury which will affect
      the worker’s participation in the labour market; or
      – the employer/insurer has evidence of a material change or need for material change, in the manner or type of treatment;
      or
      • the worker makes a claim for section 66 lump sum compensation or work injury damages; or
      • the worker requests a review pursuant to a notice issued under section 54 of the 1987 Act or section 74 of the 1998 Act and includes additional medical information that the employer/insurer is asked to consider; or
      • there has been at least 6 months since the last independent medical examination required by the employer/insurer;
      or
      • the last independent medical examination was unable to be completed.”

      The insurer is not able to send you to the IME unless the information from your treating practitioner (surgeon) is “inadequate, unavailable or inconsistent” and the insurer must have attempted to get the information from the treating surgeon before proceeding to the IME. There must be a reasonable attempt to ask the questions they want answered from your surgeon and the surgeon has ten days in which to respond. If they have not done this they can’t send you to an IME and you should make an objection to going on the basis they have not explained why the information from your treating surgeon is “inadequate, unavailable or inconsistent” and they have made no attempt to contact the surgeon for further information. Ask them to tell you what efforts they have made to get the further information and that they need to send you a copy of the “Notification to Worker”that shows why the information from your treating surgeon is “inadequate, unavailable or inconsistent” in regard to the question of liability. Tell them they have the factual evidence to determine how your injury occurred as well as what treatment you need.

      You have a legal right to object to the IME as per the IME guides that state – “If the worker considers the requirement to attend an independent medical examination is unreasonable, the worker is to advise the referrer of the reasons for their objection. The referrer must take account of this objection and advise the worker
      of their decision following this consideration.Benefits are not to be affected prior to adequate written notice being received by the worker following this consideration (see WorkCover Guidelines for Claiming Compensation Benefits, clause 9.3, Part 2). Any decision to suspend payment of weekly compensation can only be made after the worker has had an opportunity to comply with a reasonable request and must be made on the basis of sound evidence and the worker advised in writing of the reasons for the suspension. The worker may contact WorkCover’s Claims Assistance Service on 13 10 50 or their union for assistance in relation to such requests and decisions. The insurer is to respond to these requests.”

      You can object on several bases as follows-
      1.That there has been no reasonable attempt to obtain the information required from your treating specialist surgeon or NTD.
      2. You have not been notified in a “Notification to Worker”, as to why the information the insurer does hold, evidenced on your WorkCover Certificate of Capacity, injury notifications and any factual investigations, reports from your treating surgeon, is ” “inadequate, unavailable or inconsistent” particularly as they had already made the decision to accept liability and had approved referral to the treating specialist. State you want it in writing as to why the report from the treating surgeon is not good enough to provide approval for the treatment considering his superior qualifications and experience.
      3. Note the fact that you have not been asked to attend an IME in a location nearby to where you live nor on a direct transport route from your home (look up other IMEs in your area from WorkCover website and list a number of them who are closer to your home than the IME the insurer is using). The guides state “The location of the independent medical examiner’s rooms should be as geographically close to the worker’s home address as possible or accessible by direct transport routes.”
      4. State the fact they have overlooked the mandatory guidelines in order for you to attend the particular IME indicates to you they are using this IME in a preferred manner and then ask them to advise you of how often they are using to particular IME and why they are using him in preference to other IMEs who are equally qualified.
      5. State your objection to seeing the IME based on evidence you have obtained demonstrating he may be an inappropriate choice due to his history. DO NOT MAKE ANY PERSONAL ALLEGATION just provide the evidence without other comment ie provide the links to the websites where you gained your information as well as cut and paste of the fraud details directly from the case etc, that way you are covered and it is not defamation if there is evidence etc.
      6. State you feel the IME chosen can’t be truly independent if there is any conflict of interest ie if they have another role they are being paid for outside the perview of an IME that may impact on their attitude toward you, whether they are being used in a preferred manner, if they work in a role directly for the Nominal Insurer (WorkCover) they can’t be independent as they are directly paid by an insurer. You also should ask for the insurer to undertake an investigation into the matters themselves to determine if the IME is suitable.
      7. Advise the insurer you are not able to attend any appointment with the particular IME until all the WorkCover Guides are complied with and that you will be discussing the matter with WorkCover and you would like verification that you have made the objection and that the insurer will carry out investigation of your concerns before taking any further action.
      8. Contact WorkCover 131050 and ask for claims assistance to discuss the matters and have them send you a copy of the 2012 gazetted WorkCover Guides for Independent Medical Examinations. (If claims assistance gives you information that seems inconsistent with the guides as I have pasted, then ask to speak with the supervisor

      7. Ask the case manager for the name of their supervisor and the name of the Operations Manager. When you get the names forward your objections to these people.

      You can also get a referral to a second treating specialist of your own choosing re the surgery. Ask your NTD about this. Ask your NTD to write to the insurer supporting the decision of your treating surgeon and stating they are happy to refer you to another treating specialist if the insurer needs a further opinion. My partner had two treating doctors opinions for his surgery and the insurer, QBE paid for both.

      If your claim is QBE the Operations Manager is Sam Bashford and he is pretty reasonable. He should know his staff are not complying with the guides and it is his job to ensure they are and that the IME is reputable. If you are QBE TMF (government agency) then the Operations Manager is David Bacon.
      Write your objections to the case manager today. As soon as you get a response, if it does not address all the issues you can put in a complaint about the insurer breaching the WorkCover IME guides on the complaints section of their website. You can then forward the response from the case manager.

      ACT NOW!!
      You should also write to WorkCover providing not your own opinion on the IME but all the evidence you described above and ask them the question of why this doctor is allowed to be advising WorkCover and why they have approved him as an IME if they are aware of his history. Forward all this to WIRO as well.

      Good Luck.

      1. Cathy

        THANK YOU SO MUCH …….thank you for your time and advice , i feel instantly relieved i was having secere anxiety over them trying to force me to see this surgeon . Your information is so informative and i cant thank you enough as i would have had no idea what to do and there is absolutely no help out there for injured workers .

        Thank you thank you thank you

        Kind regards
        Cathy

        1. Complainers of the world make a difference

          That’s OK Cathy.
          Just get onto it today to ensure the case manager cancels your appointment which is so close. Make sure you say they have not made a reasonable attempt to contact your treating surgeon to ask for further information and in view of the fact your surgeon has ten days to respond they have breached the WorkCover Guidelines. Remember to say they had already made the appointment two days after you saw your surgeon indicating their intention to go ahead regardless of the mandatory guidelines. Tell them you will not be bullied into seeing their IME as their disregard of the guidelines indicates they are using the IME unethically in a preferred manner which also indicates he may not be free from influence or impartial. You generally have a 24 hour cancellation period or they are within their right to charge for missing the appointment. The insurer is also meant to send you, with the Notification, a WorkCover Brochure outlining your rights etc. If they have not sent this then you can complain that they have not provided you information about your rights and this is also a means of precluding you from information to enable you to rightfully object. Say you find this dishonest and a breach of procedural fairness. Feel free to cut and paste from my posts and feel free to alter the content so as to portray from your own point of view. Don’t let them bully you by say they will stop your payments if you don’t go. just say you are happy to go but only in accordance with the WorkCover Guides for Independent Medical Examinations as the following states-
          “23 March 2012 SPECIAL SUPPLEMENT INTRODUCTION
          Purpose and Scope of the Guidelines
          The purpose of these guidelines is to provide the basis for a shared understanding of the role of independent medical examinations in the management of compensable injuries in the NSW workers compensation system.
          The guidelines outline mandatory [as per section 119 (4) of the 1998 Act] and other obligations for the referral, conduct and reporting of independent medical examinations, and complaints management. Mandatory obligations are set out in Part 1 of these guidelines. These are made in accordance with section 119 (4) of the 1998 Act which states that an examination of a worker who has given notice of an injury must be in accordance with the WorkCover guidelines.”
          In legal documents the word MUST is interpreted as mandatory action.

          I will attach a copy of these guidelines in an email to Rowan, the website co-ordinator, so you can email him if you haven’t obtained them from WorkCover.
          Good luck.

      2. David

        I submit that as a significantly injured worker I have been dealt with, by Workers Compensation, substantively unfairly for the last 13 years. Initial submission-September 7, 2012 (reintroduced to IWSM-November 11, 2014)
        I have been struggling for years to get justifiable compensation for my avoidable workplace injuries. I have a completely stuffed cervical, thoracic and lumbar spine (several herniated discs). I have constant sciatica, fibromyalgia, CRPS and pins and needles in my feet. My groin and genitals have not stopped aching since 2001 and there is significant neurological losses down there since. I have soft tissue damage in just about every joint in my body. I have bilateral carpal tunnel syndrome, bilateral ulnar/median neuritis, with constant pins and needles in my hands, wrists and arms and I also have bilateral shoulder bursitis. I have severe widespread immobility throughout my body. I don’t sleep very well. I have widespread nerve pain. My neck and shoulders burn continually. I have headaches. I don’t have a much of a choice when it comes to the amounts of necessary pills. My kids think I’m an embarrassment. (Not a man) My wife and I co-habitate. I have lesions all over my legs and arms that will not heal since 2001. I sweat profusely. These symptoms all arose as a consequence of multiple injuries sustained on multiple different dates, by working very hard for 11 years for an employer that disregarded OHS over those 11 years between 1990 and 2001. My first significant injury was July 1993 (21+ years ago).
        Specialists and my G.P. all say that I have suffered enough from the permanent impairments of my multiple injuries. I should have been assessed under the old legislation prior to January 2002 with a permanent impairment of between 70-90%WPI or 23 separate body parts injured and listed, but this did not happen. The Workers Compensation Commission on 6 June 2012 said 12%WPI and arbitrarily closed my file. What the ___ is wrong with the NSW system?
        A 2010 WorkCover NSW appointed insurer’s case manager (QBE clerk) and The WC Commission determined that my children will suffer more on-going financial hardship and poverty. This is Australia and this adversarial system has to care more and rectify delayed injustices. My former employer MSR Ferlan Pty Ltd, have destroyed my family’s life and potential future, and got away with it. How is that justice?
        My losses are very huge, I have already sold most of our assets (including the family home in Sydney) to keep the banks happy. If I don’t get the correct and adequate compensation in the next couple of years, the 3 other members of my young family and I will probably be living on the street. Over the last 13+ years, we have already missed out on lifestyle choices and opportunities that we were accustomed to.
        What happened to the FAIR GO!
        I did nothing wrong. I am an honest man. I need enough money to cover my pre-injury life-style and commitment costs. That has not happened since this mess started. By the time I’m 68 (if I make it), my family will have lost an 8 figure sum in dollars, in pre-injury income, directly due to my former employer and their combined staff’s negligence and a flawed system.
        I use to have plentiful amounts of disposable income, with which to secure my family’s future, but because my old employer did not heed my OHS warnings for 5 years, I am now in No Mans Land in an untenable situation.
        The current NSW Government; shame on you all.
        David

        1. Complainers of the world make a difference

          Your solicitors don’t sound as though they did their job. What you may not know is that they do assess people under the Table of Disabilities if they were injured before 2002 and they also assess you under the Whole Person Impairment method to determine the threshold for a Work Injury Damages Claim which needs to be 15% WPI. From what you describe you should be over the 15% mark for WPI but if they have made deductions for any pre-existing conditions or degeneration from arthritis etc they have made big ones. You need to get a new solicitor who might be able to re-open your claim on the basis you are now worse than the last impairment for a threshold dispute. Luckily your claim was determined before the 19th June 2012, so you may be able to have one more chance at the WPI level needed to make a WID claim. It would be helpful to get all your medical information up to date ie see your treating doctor and get new referrals to your spinal specialist on the basis your condition has deteriorated. See if you can get a new MRI and ask about the guided injections into the spinal areas to determine whether your pins and needles are coming from your spinal area.

          I would ask your spinal surgeon if there is any evidence of spinal cord compression as it sounds either as though you have bad radiculopathy from the nerve root irritation by the disc protrusions or some cord compression. I am not a doctor but I have been through this and so has my partner and so have some of my friends and have I picked up things in the IME reports overlooked by the IMEs including two IMEs who said my friend was basically faking it and it was all psychological when the MRIs stated there was spinal cord compression. This is something you really need to check urgently.
          You will also need a referral to a shoulder surgeon. My partner saw Dr Ben Cass in North Sydney and he was great, also writing good information to the insurer. If you have shoulder problems you also need to know if is due to your shoulders or mainly coming from your cervical spine. Ask to have nerve conduction tests and ask your NTD to send you to a rheumatologist to rule out constitutional degeneration.
          I find it hard to believe the 12% WPI would be an accurate percentage for your injuries so get out the IME or AMS report that gave you that score and read it through to see if they made massive deductions. Also get your old MRIs etc and read them through to see what they say as well as the reports from your treating doctors.
          It sounds like you have been ripped off big time so the new investigations are essential if you are to get over the 15% WPI threshold. Once you get all this done you need to get a new solicitor. They can get your old file without you having to do it. You can do that straight away but you still need all new treatment evidence to have a good case for deterioration. Would like to know what percentage they gave under the Table of Disabilities or was this left out completely?
          You case sounds very complex. Are you still having your treatment paid for by the insurer? If you are, get your NTD to make the referrals urgently to all the specialists I noted. If not you will need to go through Medicare anyway.
          Would love to know who assessed you at 12% and what they assessed. What injuries were claimed by your solicitors? I am not a solicitor so can only advise you see a new one.
          Sorry to hear how horrible it has been for you. Good luck!

        2. Innominate

          Sorry to hear about your pain. Not in NSW and really can’t comment on your Compo situation. Ask your GP to check your B12 folate Iron studies Vitamin D TGG antibody and especially your testosterone. You might be surprised and possibly might help your symptoms if not your situation. Look after yourself and your family as well. Bon chance.

  10. Mad Chef

    Hi All, wondering if anyone has had IME with a Mr Philip Sharp (General Surgeon-NSW).
    I’m in Vic but for some dodgy reason Allianz appears to be bringing this guy down for an appointment on a SATURDAY morning. Weird eh??
    I am coming up to the 130 week mark so know what they are up to.
    Still facing 3+ rounds of further surgery- been told absolutely NO chance of returning to previous career (of 30 years). Would love to hear from someone who has had dealings with him
    Cheers, Mad Chef (hope I hav eposted this in the right place)

  11. monchou

    Hi all,
    I am on Workers Comp for my work related injury ( Western Australia).
    1) My Rehabilitation Manager brought a final copy of the return to work program and asked me to sign if I agree with it. And I signed it after raising my misgivings about the type of work trial he wanted me to go to which doesn’t relate to my skills. He said at the time that I can just give it a try for some time and if I didn’t like it, we can find another suitable place. Based on that I signed it. But after seeing the workplace and the nature of work I got depressed as he didn’t set up an ergonomic work station for my injury and the work is too boring. After couple of days work, my pain got worse as the chair and the table are too uncomfortable. Consequently, my underlying anxiety and depression have started tearing me apart. I can’t sleep at night and can’t concentrate on anything as I kept worrying about my injury and the pressure the Insurance Co and the Rehab Manager are putting on me.
    hence my questions are:
    1) Can I request my Rehabilitation Manager to be changed?
    2) Can I refuse to go to my work trial coz of the reasons I have mentioned and ask for a work trial program in which I will participate in preparing that is tailored to my needs?

    In addition, I recently had a scan for the back injury related to my other ongoing injury for which the Insurance had accepted liability, and the result returned negative. However, I have a recurrent tingling sensation all the time and pain when I sit for more than 20 minutes or stand for more than 30 minutes. Can Insurance reject my claim since the scan returned a negative result. If they do, what options do I have?

    I appreciate your help.
    Thanks
    Monchou

    1. Innominate

      Yes you can change your rehabilitation manager but do you know a good one? Don’t refuse a work trial, if it fails it fails but then get your new rehab provider to suggest a better one. Involve your GP as your advocate get a good physio and if necessary seen a pain specialist. Do it sooner rather than later before it stresses you out. Some good resources out there on the web. Try http://www.painhealth.csse.uwa.edu.au at the university of WA webserver.

    2. Complainers of the world make a difference

      You need your NTD to spell out the fact you need an ergonomic work station and work that is suited to your level of education and experience. The work is not meant to be demeaning in any way. You need to discuss this with the rehab person and tell him the demeaning and boring work is making you anxious and depressed and the pain from your injury is being exacerbated by the physical work station. You also need to see a treating specialist to see what they think about your scans. My spinal surgeon told me because MRIs are carried out while the person is lying down it doesn’t always show if a bulging disc is irritating the nerve because when you stand or sit there is the weight of your body on the spine so your symptoms are greater. It was not until I saw a spinal surgeon and had further MRIs as well as nerve injections that I had a correct diagnosis. I had been misdiagnosed as having plantar fascitis by three IMEs before my spinal surgeon found the pain and numbness under my foot was coming from my lumbar spine.
      The insurer is not likely to close your claim while you are on a work trial. It is very important for you to have a full and correct diagnosis so your injuries can be managed properly. Your first priority is your health so speak to your NTD about seeing a specialist and about the exacerbation of your injury by the physical workspace. You should also ask for your NTD to make a referral to a treating psychologist for some psychological support. The NTD can put that on your Injury Management Plan and I think you can attend one session before the psychologist needs to put in a treatment plan and request for treatment approval. You can check this with WorkCover claims assistance 131050 or contact@workcover on the WorkCover website.
      Hope this helps.

  12. kvhope

    Hi All
    I am new to this forum and was hoping to get some advice from people in relation to legal representation.

    I suffered a workplace psychological injury over a year ago. I have been off work since then. My initial workers comp claim was denied by the insurer (QBE) which resulted for me in obtaining legal representation. I used a law firm recommended from my union. I have only met with my solicitor once in order to put a challenge application in to WIRO for funding. The funding was approved and reports from my treating doctors have just recently been completed. I will be meeting with my solicitor again in order to prepare the documentation for the challenge of liability.

    What I was hoping for from the forum is if anyone could give me any advice on what type of questions I should be asking the solicitor. I am not really sure of what or how else the solicitor can provide assistance (legally) to me other than defend my liability case. Could anyone give any advice on what type of questions I should be considering in asking the solicitor in relation to my compensation case???

    Thank Kindly
    kvhope

    1. NamasteOM

      The very first thing you should do is change your legal rep! I’m also going through this same process and I’m only now discovering that any legal assistance/firm linked to workers unions etc are affiliated with workcover, who are your opposition and are working against you not for you! I found out the hard way that the whole process is sabotaged by workcover.. So workcover assist, ACO, and any legal aid recommended by your case worker or linked to their website etc. Google ‘workers comp lawyer reviews’ and you should get info on whether that firm is dodgy or not.. Most receive ‘kickbacks’ and personal experience, avoid Slater & Gordon! The whole system is a rout!! Mentally draining immoral and inhumane process so just be careful and mindful of any workers comp ‘help’ is not help.. I’m going with Shine Lawyers as they seemed the most reputable.. Fingers crossed hey!
      Good luck :)

      1. Nurse

        Thanks for this information. I am currently with the union lawyer and not happy thinking they are working for the employer and Workcover. I got punched in the right eyebrow 4 years ago at work and now have trigeminal and facial nerve damage confirmed in Costa Rica. I have signed a cost agreement, I suppose I am liable to pay to get out of it, so I can take another lawyer. I tried Shine Lawyers and Blackburn? but they would not take my case as there was not enough money in it for them. What to do?At the moment negotiating out of court settlement. Help Qld

    2. Complainers of the world make a difference

      Psych claims need to be dealt with very carefully. I made sure all my paperwork and evidence of what happened to me was all in chronological order and I wrote a statement referring to all the evidence I had that proved what happened. I also got all work based policies and showed how they breached them. I had help from my partner in organizing it all so the solicitor could see clearly what caused my injury. I was very lucky to have been assessed by two good IMEs for the insurer first up and they both agreed my PTSD, depression and anxiety were caused by my workplace. I also had a very good psychiatrist and psychologist who supported my. I had a pretty smooth run for a while until the insurer pulled out all stops and started in any way they could to harass me. They planned how they would destroy my case and their solicitors got another IME to give me a constitutional disorder not work related. I made a lot of complaints and in the end I beat them. The harassment made me worse and was as bad as what happened in my workplace.
      From my experience I learned that you need to record everything in writing and you need all the evidence you can get. You also need your paperwork in a logical order so your solicitor can work out your rights.
      You need a good treating NTD, psychologist and psychiatrist so when you come up against the crook IME for the insurer you will have good treatment evidence stacked up to verify your injuries. If you find you are not being supported change your treating practitioners. This is all about your health so you need good treatment to enable a successful return to work or if you can’t return to work at least to keep you going through the process involved in W/C.
      If you find your solicitor is not understanding you then make it clear you want support and ask questions about what they are doing with your case and what stage they are up to. If your injury is over 15% WPI you may be able to claim a lump sum.This is determined by a specific method of assessment so your solicitor should send you to an Independent Medical Examiner to have you assessed under the WorkCover Guides for the Evaluation of Permanent Impairment- pages 60-68 at- http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0009/20052/workcover_guides_evaluation_permanent_impairment_3rd_edition_0970.pdf

      Read these pages carefully so you understand any impairment assessor is basically looking at whether your injury is likely to be as a result of the workplace incidents, whether you are still injured and whether this is permanent ie your condition is not expected to change too much in the future, and to what degree you are impaired by your current medical condition.
      You need to have been diagnosed with a proper DSM psychiatric illness so all your medical certificates should have your diagnosis on them. I had both my NTD and my psychiatrist send certificates of capacity to the insurer. Ask your psychiatrist to outline your diagnosis according to the new DSM V which I believe is the current diagnostic manual in a report.
      You need support from family members as this all gets pretty overwhelming and the process of getting it all together can make you more unwell so take all the help you can and see your treatment providers regularly as well as keeping on top of prescribed medications as well. Any IME will want to know what medications you are on so make a list for your solicitor and don’t forget to put down all the side effects. People tend to forget side effects of medication can be as debilitating as the injuries in some cases particularly if you have your medications changed often. One example is anti-depressants that make you so tired you sleep all day or meds that make you live in a fog. There are also things like excessive worry that may impact your sleep so don’t forget to put it all down in your statement for your solicitor and for if you are attending an IME for either your solicitor of the insurer’s.

      Beware as you may be under surveillance, particularly if you are leading up to a lump sum claim. Be open with your case manager but be aware they record everything and they write it down in any manner so if you have a conversation always send the case manager an email outlining the conversation and any aspect you were upset or unhappy about. In the end my partner communicated for me on the phone and I put everything in emails as the treatment from case managers made me too unwell. My file is full of discriminatory remarks about me and outlines how they tried to close my claim by sending me to their preferred assessors. It shows all the collusion and even the lies they told to WorkCover when I made complaints so beware of trusting your case manager too much as they get bonuses for closing claims and even the nicest may be stabbing you in the back. Sorry to worry you but knowledge is power and the one thing you become in the WC system is powerless.
      Good luck,hope this helps.

      1. kvhope

        Thank You So Very Much!

        The information and advice you have provided has been fantastic.

        For me, this is the first time that I have truly been able to relate to someone who has suffered a psych workplace injury and who understands how I’m feeling about everything.

        THANK YOU!

        Hoping to keep in contact if any other advice is needed. I really appreciate it!

        Cheers
        kvhope

        1. Complainers of the world make a difference

          All good. Am happy to help. I was able to survive the system through the repeated attempts of my insurer and their case managers and solicitors to bully me to death, even while I was in hospital so I will help whenever I can. I am out of the system and I am still fighting to expose all that went on and will continue till everyone knows how bad this system really is.
          Keep contact and ask for help if you need it.

  13. Joseph

    Hi all, I was wondering if there is anyone who has approached the 2.5 year mark (130 weeks) on the workers compensation system in NSW, and what happens to your entitlements, If you cannot be rehabilitated back into new work or pre-injury because of a workplace injury? and you are not working 15 hours?

    Thank you

    1. Joseph E.

      I have been in the same situation. I was let go from work due to “no suitable work” in October 2010. I have been on WC payments from the Insurance until the day we settled out of court in December 2014. Due to WC overload in reassessments, insurances have been told to keep paying even though the 130 week has been reached. If you have been assessed for P&S, there are % points that you will have to reach. If you are 30% ( I think) you will not have to be assessed. If 20% up to 29% there are some stipulations and conditions. 19% and under you will definitely have to go through the reassessment. call WC for details or go on their website and try to get details. I know that it is hard to get answers. If you are close to retirement age be careful as the insurance will extend as much as possible the settlement day so as to keep you from getting the pension. For every $50000 you get after costs you will loose 12 months of Centrelink payments. It is called “preclusion period” under the SOCIAL SECURITY ACT 1991. This means that your lump sum payment for past loss of income can effect your future pension, even if you have no other assets whatsoever. At the moment the WC payments have to be up to date of your 66 birthday. If you are a union member seek free union advice, but always get a second independent opinion. Wish you better health and may you have a good barrister.

  14. BeeMay063

    Hi, i see this is nsw, but im hoping canberra ppl can get help here too.
    in May 2013 my daughter had a car accident on the way to work. She was rear ended at traffic lights and the impact caused her seat to break and she ended up facing the roof.
    she had a back xray and neck xray, nothing broken.
    she filled out the claim form and doc gave her a week or two, (cant remember exactly) off. She was petrified she would lose her job and told the doctor there was no scope for reduced hours, nobody had ever done that they had left, and so went back to work. over 16 months she has used all her sick leave and a lot of her annual leave on days off with severe back pain. she has been to doctors each time. she was given phsysio originally , but i think they think she is non compliant, but with shift work and living between 2 places of residence 2 hours away made it diffiucult and she atttended when she could. she has never been without pain since accident and it ramps up after minimal exertion and so the many days off. 2 weeks ago she was in agony and i took her up to the hospital, next day dr gave her stronger pain meds and gave her work cover cert for 6 days . she did not know she had to return to him for clearance there was nothing on the form and he did not tell her.so she went back to work. 1 week later after battling the pain, she returned to him again and he did a new form stating she could return to full time work. i got mad and rang the dr , asking how we get a new one. got an appt with him again next day as she could hardly walk for the pain.he gave her a new work cover cert giving her another few days off and then return to work 2 days a week. her medical bills are being covered by 3rd party insurer and work by allianz work cover. apparantly she needed to fill in some form, for the work cover, which will be done in next day or so. I’m guessing my question is, where to from here. she has a referal to a neuro surgeon and physio and an mri. we are asking the 3rd party insurer to approve these for payment as she has no spare money. she has a solicitor, but he hasn’t been very helpful over this time, we keep him informed though. I am hoping she has not done anything to jeapordise her claim?

    1. Andrew

      HI there,

      dunno anything about your insurance situation but I do know a little about chronic pain and the medical system having travelled that road for the past 6 years.

      First very very important to find a GP who is a decent communicator and is prepared to listen and do the insurance paperwork. This may be a lengthy journey and they hold a crucial role in the system. So if she doesn’t feel heard, keep looking. Its a tough journey without feeling like you are being treated as a neurotic.

      Second, chronic pain is a very very complex and tricky area. There are specialist pain clinics all over australia. I don’t know the act but get googling. DON’T accept the word of any one medico – in my experience none of them have a great map of who is out there or even beside them. I went to a rehab hospital (it took me 18 months to learn they existed and how to get in) and spoke there to a woman who had been walking past the corridor to the specialist pain unit for five years as an outpatient and no-one had mentioned it existed to her.

      Third, not all surgeons are created equal. Be VERY careful, ask around, perhaps speak candidly to a pain specialist. They will know the ‘quick to cut’ one’s and those with best outcomes. After all they have to pick up the pieces when things don’t go well. And remember that surgeons cut. They don’t do rehab typically, and some will put you on the table while others will say ‘no, try this first’.

      In my experience our medical system deals very poorly with non-specific soft tissue injuries. I have had the best results from finding a good physio, learning to listen to my body (and trust it rather than what anyone else says) and instincts and certain ‘complementary’ practitioners. For some its feldenkrais. Pilates can be great. Acupuncture can work wonders if you find a skilled practitioner.

      Andrew

  15. Cathy

    Hi Everyone,

    I recently had a severe fall at work due to my employer not following proper procedures , on the 27th of January i was in our crew / change room gathering my handbag and went to the bathroom ready to go on break .

    As i exited the change room i opened the door took a step and my legs instantly came out from under me my legs went one way the top half of my body the other my body slammed straight down onto my tailbone . I slid some distance crashing into the metal fridge directly in front of the crew room. My heart was racing and the amount of adrenalin that was pumping i didnt feel any initial or instant discomfort .

    While i had been in the crew room they had mopped the floors with a ringing wet mop and just left water all over the floors , NO SIGNS , FAILED TO FOLLOW DRY MOP PROCEDURE AND NO VERBAL COMMUNICATION GIVEN THAT THE FLOORS WHERE RINGING WET !

    Adrenalin still pumping i went straight into my highest manager sitting in the office with another manager in front of the CVT cameras and explained i had just fallen severely hard straight down onto my spine . The response i was given was ATLEAST you didnt swallow mortein this morning while having to spray the store !! I explained it was a hard impact and reminded them that 3 years prior i had to have a discectomy and can they please give me the incident report log book incase it had caused any injury or aggravation . At first i was refused until another crew member that witnessed it said that it was a very bad fall and she witnessed it occur and argued with me for an incident report .

    I requested they re play the camera footage and whilst they did the girl that witnessed the incident used her phone to record the camera screen incase they still insisted on no report, and whilst she was using her phone to record the playback both managers where laughing which you clearly here and comments HAHAHAHA DAM YOU HIT HARD ! Now later that night the pain got intense , i had pain in the bum the legs , in the top in my shoulder blades and i was extremly worried as it was a very familiar pain ! It was the same pain i was experiencing that caused me to have the first surgery .

    I went straight to my GP the following day and she requested a CT scan . My fears where confirmed the Ct conclusion said i now had multi level disc bulges, canal stenosis being of moderate severity at the level L4/L5 , L5/S1 in particular with central posterior mideline disc protrusion potentially causing neural irritation.

    My GP said you will have to go back and see the neurosurgeon and we will have to start a workers comp claim , my gp filled out a NO CAPACITY work cover certificate arranged for me to see a neurosurgeon but unfortunately I cant get in until March . In the mean time i had to inform my employer who immediately tried denying knowledge of any incident , then infront of our highest manager and my partner tried bullying me and pressuring me no to do this ! He made Comments stating once i do this i will not return to work until i got clearance , it would take months for any type of payments and i wouldnt have any income and also tried to tell me to get my gp to re fill out that i can do light duties.

    I explained the severity of it and even apologised but said i have to go through with it as it looks like i may need surgery and alot of doctor visits etc . The whole process has been an absolute nightmare and it has only gotten alot worse. The insurance company rang and started the same pressuring and bullying tactics that my employer did to the point i severely broke down in tears and couldnt take it . I have severe depression and anxiety due to multiple miscarriages and they have made me feel like i am a criminal or something , that i am not in chronic pain etc. I went and seen my gp in absolute tears telling her with all the pain i am in , lack of sleep , pressure from employer and insurance company I CANT DO IT I CANT DO IT !!!! The gp insisted i see a psychiatrist to try and help with the mental anguish of the nightmare.

    Two days after informing my employer i received a text msg from the girl that witnessed the fall and had used her phone to record the camera playback , she told me that the boss had been lying that for three days he was calling all the managers in and re playing the video over and over and then called her in trying to pressure her to say are you sure YOU SAW IT HAPPEN !! My co worker said thank god i re recorded it for you because they are trying everything to deny it happening . I already felt from his comments that he was going to try and deny or blame or wiggle out of it .

    Anyway I received the call from the neurosurgeons office to say that i would need to have an MRI done for the surgeon before my appointment which i did once approval was given but thats where it gets so much worse the MRI report is saying the complete opposite to the CT scan ! My gp says its good news the MRI says its ok !! My jaw nearly hit the flaw…. IT IS NOT OK as i broke down I AM IN SEVERE PAIN ! MY LEGS MY BUM PINS AND NEEDLES CANT SIT FOR LONGER THEN 10-15 mins , cant bend if i do the pain is so intense i freeze in that position ,i cant even sit in the car and drive longer then 15 mins as my right leg goes numb and no sensation ! I have pain that radiates up into my shoulder blades and my arm , my leg will jump and twitch etc !! I said please explain how one scan says this and the other says the total opposite and please tell me why then am i in such severe pain !!!

    I am an absolute wreck feeling like i am being told i am lieing or that i dont know my own body !!! I refuse the pain medication as i WILL NOT BE DEPENDANT ON PAIN KILLERS so if your thinking its for pain meds your a fool !!! Can anyone please HELP me PLEASE ADVISE ME !!! I AM IN AGONY BUT BEING TREATED like a liar . I googled I am in pain but ct scan says one thing and mri says another and hundreds of other people same story along with case studies of MRI scans done on normal people nothing wrong but the scan says there was and people who had severe problems there scan was normal . Hiw is it possible and what do i do ? I was living a full active life , i worked out all the time i took my daughter to all her sporting activities but now in constant pain the only relief is to lay down motionless and now my depression has reached a very dangerous peak PLEASE HELP with any advise as the insurance company is now trying to say well the MRI seems to think your ok so you should return to work on light duties ! 27th of January i was in our crew / change room gathering my handbag and went to the bathroom ready to go on break .

    As i exited the change room i opened the door took a step and my legs instantly came out from under me my legs went one way the top half of my body the other my body slammed straight down onto my tailbone . I slid some distance crashing into the metal fridge directly in front of the crew room. My heart was racing and the amount of addrenalin that was pumping i didnt feel any initial or instant discomfort .

    While i had been in the crew room they had mopped the floors with a ringing wet mop and just left water all over the floors , NO SIGNS , FAILED TO FOLLOW DRY MOP PROCEDURE AND NO VERBAL COMMUNICATION THE FLOORS WHERE RINGING WET !

    Addrenalin still pumping i went straight into my highest manager sitting in the office with another manager in front of the CVT cameras and explained i had just fallen severly hard straight down onto my spine . The response i was given was ATLEAST you didnt swallow mortein this morning while having to sprsy the store !! I explained it was a hard impact and reminded them that 3 years prior i had to have a disectomy and can they please give me the incident report log book incase it had caused any injury . At first i was refused until another crew member that wittnessed it said that it was a very bad fall and she wittnessed it occur .

    I requested they play the survilence footage and whilst they did the girl that wittnessed the incident used her phone to record the camera screen , and whilst she was using her phone to record the playback both managers where laughing which you clearly here and comments HAHAHAHA DAM YOU HIT HARD ! Now later that night the pain got intense , i had pain in the bum the legs the top in my shoulder blades and i was extremly worried as it was a very familiar pain ! It was the same pain i was experiencing that caused me to have the first surgery .

    I went straight to my GP the following day and she requested a CT scan , my fears where confirmed the Ct conclusion said i now had multi level disc bulges, canal stenosis being of moderate severity at the level L5/S1 in particular with central posterior mideline disc protrusion potentially causing neural irratation.

    My GP said you will have to go back and see the neurosurgeon and we will have to start a workers comp claim , my gp filled out a NO CAPACITY work cover certificate arranged for me to see a neurosurgeon but unfortunately cant get in until March . In the mean time i had to inform my employer who immediatley tried denying knowledge of any incident , then infront of our highest manager and my partner tried bullying me and pressuring me no to do this ! Comments stating once i do this i will not return to work until i got clearance , it would take months for any type of payments and i wouldnt have any income and also tried to tell me to get my gp to re fill out that i can do light duties.

    I explained the severity of it and even appologised but said i have to go through with it as it looks like i may need surgery and alot of doctor visits etc . The whole process has been an absolute nightmare and it has only gotten alot worse. The insurance company rang and started the same pressuring and bullying that my employer did to the point i severly broke down in tears and couldnt take it . I have severe depression and anxiety due to multiple miscarriages and they have made me feel like i am a criminal or something that i am not in chronic pain etc. I went and seen my gp in absolute tears telling her with all the pain i am in , lack of sleep , pressure from employer and insurance company I CANT DO IT I CANT DO IT !!!! The gp insisted i see a psychiatrist to try and help with the mental anguish of the nightmare.

    I received the call from the neurosurgeons office to say that i would need to have an MRI done for the surgeoun before my appointment which i did once approval was given but thats where it gets so much worse the MRI report is saying the complete opposite to the CT scan ! My gp says its good news the MRI says its ok !! IT IS NOT OK as i broke down I AM IN SEVERE PAIN ! MY LEGS MY BUM PINS AND NEEDLES CANT SIT FOR LONGER THEN 10-15 mins as my right leg goes numb ! I have pain that radiates up into my shoulder blades my arm my leg will jump and twitch etc !! I said please explain how one scan says this and the other says the total opposite and please tell me why then am i in such severe pain !!! I said to her the scan or the reporter is incorrect i even said to her please re do the scan while i am sitting up as that is when it is the most intense and the pain is almost unbearable she refused sort if brushed the notion off and said lets just see what the surgeon says but i think everything is ok !!! I 100% believe the position they put me in and propped my legs right up and supported them is why the scan didn’t show anything there was no load or pressure on the disc and laying down is the only time i do actually get relief ! But she wouldnt hear me .

    I am an absolute wreck feeling like i am being told i am lieing or that i dont know my own body !!! I refuse the pain medication as i WILL NOT BE DEPENDANT ON PAIN KILLERS so if your thinking its for pain meds your a fool !!! Can anyone please HELP me PLEASE ADVISE ME !!! I AM IN AGONY BUT BEING TREATED like a liar . I googled ” I am in pain but ct scan says one thing and mri says another ” and hundreds of other people same story along with case studies of MRI scans done on normal people with nothing wrong but the scan says there was something wrong and people who had severe problems their scan was normal . How is it possible and what do i do ? I was living a full active life , i worked out all the time i took my daughter to all her sporting activities but now im in constant pain , i am a shell of myself and the only relief is to lay down motionless ! If that isnt already enough now my depression has reached a very dangerous peak ! PLEASE HELP with any advise as the insurance company is now jumping on the band wagon trying to say well the MRI seems to think your ok so you should return to work on light duties !

    PLEASE PLEASE HELP as i have no idea of my rights , i am not going to be told that everything is ok WHEN I KNOW I AM IN PAIN ! I will not return to work in a hazardous environment knowing there is something wrong and risk another slip or risk anything else happening until they find out what is wrong it seems all the doctors and insurance company give a rats about is the dollar figure not the victim not your health not what its doing to you or your family NOTHING !

    1. Kerrie

      Hi Cathy , I would get another MRI at a different radiology company ,I think the one at norwest is very good ,thing is it’s not just the MRI but also the skill of the person interpreting the results that matters. I have been through hell and back several times with a back injury on WC ,I also got depression and anxiety ,it’s so wrong how you are treated.you are always entitled to a second opinion and if you have a reason you can change nominated treating doctor ,they are very important ,find one you can communicate we’ll with.don’t be scared to ask for help .even if NTD puts you on light duties !if you have pain go back and tell them! have a talk to a solicitor they can help you !you have evidence you need a proper diagnosis !insist on more investigation!good luck I really feel for you .kerrie.

    2. Kris

      Hi Cathy,

      First of all, I am so sorry you’ve gone through all of that so far. I think you’re very brave to continue trying to put your life back on track, as well as let us know of your challenges on this forum.

      Thank you for your honesty and courage for sharing your experience.

      I’m not a doctor or anything like that, but I work in personal injury in Canada and the first thing I wanted to observe was that my understanding of a CT scan and MRI is that CT scans are used for bone injuries such as fractures while MRI is for soft tissue injuries (Again, I’m not a doctor.)

      That being said, it is surprising to me that someone would consider one report but not the other.

      I agree with Kerrie that a second medical opinion is definitely something you should do, and maybe show them your CT scan results too.

      The only other thing that I would say is to also consider speaking to a good personal injury lawyer in Sydney. Back home in Canada, I’ve dealt with a lot of clients who tried soldiering it themselves and they ended up doing things that made a legal claim a lot more difficult down the road (e.g. they don’t follow up on medical reports, they forget to get their evidence and it disappears, they missed limitation periods, etc.)

      I work in a personal injury firm in Queensland and it surprises me how many people try to deal with their pain themselves. Even though they’re fighting so hard, there is always so much that needs to get done and they’re essentially operating at a disability because of their pain. (I guess in North America, we tend to be more litigious.)

      But that being said, I’d say take advantage of a free consultation and find out what potential challenges and benefits you may gain from being compensated from your injury, especially if the workplace was negligent and caused it.

      Final thing…it might not do much, but I hope it helps :)

      http://www.andaluciabound.com/wp-content/uploads/2014/04/Sick-Cat-Meme.jpeg

      Good luck with everything. You’re in my prayers.

      – Kris

  16. council worker

    hi all. This is just another and maybe my last update on my injuries.i was sent to a second orthopedic specialist who actually works in the hospital where my first shoulder rotator cuff tear took place. he looked at my original mri and the final arthrogram I had. I now have 2 shoulder specialists saying they cannot offer any further surgery as it may make me worse. I have less movement than a fused shoulder and I’m too young to have a reverse shoulder .and with both they cannot guarantee less pain. so I’m now told pain management is all they can offer. I had a new X-ray on my neck and even though the surgeon is happy that the bones are fusing in my neck and the screws and plate arnt dislodged he sent me for a new mri as the pain from my arm still goes into my neck .since I got the report from the second ortho, I know I have been followed and videod for over 2 yrs now. But it’s now got to the point where there are anything from 10-15 people who are following me when I go out. If I sit out the front they are there ,if I get on a bus they txt ahead and someone sits opposite me in the bus and video me.they trespass on the property im on and walk past my window and look in. not sure what they are hoping to see. I am doing hydro therapy and they were in the pool with a laptop sitting on a seat where I was walking and they put the laptop on their shoulder and scoured the entire pool. I went to the manager and complained and all I got was he will go and speak to the person. I asked to make an incident report and the manager came down and didn’t want a thing to do with this. He gave me his card and said please email me the complaint. this person taking the video was also taking videos of other people in the pool including children and I bet there parents Wernt alerted to this ! These people sink so low as to do this without other people’s knowledge. I know I am being followed daily but this is a blatant misuse of a devise and the police won’t do a thing .i rang them and they told me they will only investigate if they are trespassing or looking in my window. and all the manager of the pool said is he will talk to the person videoing. he said they also caught a pedofile not long ago doing the same so why did they not interrogate this person. and let them go. i know my case is being lodged in the court system very soon. As my date of injury is nearing 3 yrs. they think they are getting to me, but I have led them on a merry chase and am really enjoying watching them as I burn each one of them. if u see these people they must all be trained by the same idiot. they always have their mob phones out and they must have an abundance of investigators because as I burn them there is a new face that turns up 10-15 mins later. even the guy who looks after me in the pool laughed with me when I said what I do to avoid them. if they think they are playing with my head they better think again.im really enjoying their company lol. for other injured workers who arnt aware u must be vigilant if u go out do not do the same things or go to the same places. They know all your movements. go different routes and places. And if an old person sits besides u and starts to chat. Be aware. They even use 60-70 yo people to follow u. I had this done when I went to the black dog institute .and had 3 people watching me at the same time.but I burnt the 3 of them. i do know these people have a job to do and a reason for doing it, but by Christ it should have an unbiased authority watching these insurance co s go about their business of stalking . take care all . wish me luck in court

    1. Kris

      Hi, we never met but my name is Kris.

      I just wanted to wish you luck on your court date. I haven’t caught all of your updates from before I started commenting on this forum but I hope you win.

      I read all of the pain that everyone is going through and it would be nice to hear a few happier outcomes that can inspire other members to continue fighting the good fight.

      Thanks for all of your contributions.

  17. Amy

    Hi guys my name is Amy, I have a case similar to most post, am practically numbed feeling that AM NO BODY AND USELESS.Reading this posts makes me feel…….. there is people like am not alone. My injury happen back 2008 I stop work for sometimes and attend physio they put me RTW for sometimes till then suffer a lot on my own and misdiagnosed misunderstood and ignored. now on there on time they kicked me off my work and say you can’t attend your next shift unless you bring the doctor clearance (this happen Sep 2013). After for a month or so go back on and off work until end of 2013, Since then stopped completely in July 2014 I had a surgery on my Left shoulder for muscle tear(which they accepted) but my back the first injury refused as they stated “degenerated disc disease” as their IMD suggest (where the MRI shows some bulging disc). Am in pain from 2008 towards lower back severe pain, frozen shoulder, depression (anxiety mood swing),horrible neck pain specially my left side including my head, my left hip and leg numbness tingling and needless, unable to sleep at all if I manage 1-2 hr sleep with heavy medication, etc… I was attend psychologist, physiotherapy knee surgery (meniscus repair) on my own expense. the insurer refused to pay for my psychology treatment, since my shoulder surgery I attend their a physio for my shoulder and now pain my GP refer me to pain management I have the second appointment on March.

    I was using the union lawyer with no effect (truly I wasn’t know what to do) once she organised a reconciliation which I refused to go ahead because I lost hope before I start as the next and third MRI suggest non to support.

    now I contact other lawyer with a family friend help and gave me hope but my inside refuse everything being lonely, not going out unless very necessary thing come up, I lost hope and myself nothing interesting anymore but in between my kids and my family suffer, I was a strong person loving life and my work but now….sorry

    1. Complainers of the world make a difference

      Amy you need a referral to a spinal specialist for proper diagnosis and treatment of your spinal injury. You also need to go back to your shoulder surgeon for a follow up to see if your shoulder has deteriorated. Get a referral to a psychiatrist as well to make a proper diagnosis of your psychiatric health. Your solicitor will also have better evidence to get your claim back if you have updated reports from treating specialists in each area of your injury. You may also be able to get the right treatment that may help your pain levels rather than just using pain management alone that is more effective after all your injuries are treated properly. It will be good to get a report from pain management as well though- is this a clinic or a doctor? You also need the specialist reports so the pain management can take your injuries into account before making up a program.
      Give all your treatment reports to your solicitor and have all treatment while attempting to get your claim back as this is for your return to health just as much as for your claim.

      1. Amy

        Thanks guys for your advice I have an appointment this Friday so I will discuss my options.

  18. Jason

    I sustained my workplace injury in September 2014. The Insurer and Rehabilitation Manager appear to be particularly excited of late though? With that said, is there any significance if an injured worker in NSW is unable to be fully rehabilitated back to pre-injury duties within 26 weeks? Does this change things, and if so, how?

    Many thanks,

    Jason

    1. Complainers of the world make a difference

      Hi Jason,
      You have passed the 26 weeks and now you will be down to the stat rate so the insurer will be determining your work capacity and if you have any at all and it is over 15 hours per week and you are not working 15 hours per week or more you will find they will determine what work you are capable of and how many hours and then they can deduct what they determine you are capable of earning from the stat rate and they can adjust payments accordingly, usually downward. If you have no work capacity after 26 weeks keep up your WC certificates and make sure the NTD is very clear about the reasons you have no work capacity ie stating exactly how certain work practices will exacerbate your injuries and what you are trained for and how you can’t carry out work in this area etc.
      Unfortunately you may also be looking forward to an IME from your insurer. If they advise you of this make sure you ask them to first make the effort to get the information from your treating doctors and make sure you object strongly if they try to send you any great distance to see their “preferred” IME. Give them the name of a local IME and get them to verify they are using their preferred IME and tell them you don’t want to see someone they employ on a regular basis as the IME might be biased. Ask them to say how often they are using the IME they send you to and say you have the right to someone who is truely independent. Make all complaints in writing-emails are best for a reply from the case manager.
      Hope I haven’t frightened you too much but I want you to get ready for some sort of onslaught from your insurer.

    2. Kim Garling

      Jason, the information you have been given is not correct. There is no 26 week period and no stat rate any more. Please contact my office at 13 9476

      Kim Garling
      WIRO

      1. Complainers of the world make a difference

        Sorry got mixed up and was thinking of the old legislation. Accidentally posted then realized and was looking up the 13 week etc on the new WorkCover website and got off the track as their website doesn’t seem to have all the correct info and had to email them, so did not get back to re-post. Sorry if this caused any confusion. WIRO should be able to help you. Also contact WorkCover 131050.

        1. Complainers of the world make a difference

          Sorry got mixed up and was thinking of the old legislation. Accidentally posted then realized and was looking up the 13 week etc on the new WorkCover website and got off the track as their website doesn’t seem to have all the correct info and had to email them, so did not get back to re-post. Sorry if this caused any confusion. WIRO should be able to help you. Also contact WorkCover 131050.
          Just asking what is it known as when someone goes down to the 80% of wages for weekly payments if not the stat rate and if there is any common rate other than the transitional rate? It would be helpful if Kim would explain the difference on this website for understanding by injured workers. Appreciate WIRO help on this please.

      2. Complainers of the world make a difference

        Also need to know if there is any period an injured worker is protected from dismissal? Was this 26 weeks under the old legislation?
        Also what about emergency workers are they still on the 26 week period and on the old stat rate or has this changed for them as well?
        Just a few things that require clarification.
        Thanks.

  19. Karen

    Hi,

    I’m not sure if anyone can help me as I am in Qld but could only find this site for help.
    I work in a Hospital Dispensary as a Technician for five and a half years and had suffered sever bulling for the last two on and off, after my Pharmacist lef ( we work in pairs)t, I was not the only one, a nurse from one of my wards left as she was left in tears by this person and a ward manager also put complaints in to the Director of Pharmacy, I was that bad I could sleep if this person was covering , would vomit before I got to work then did’nt go, was diagnosed with severe depression, my friend told my team leader and when another person came back from maternity leave she replaced me and I was put on other ward, then last March I slipped and fell on wet internal stairs and hurt my elbow,shoulder, back,neck, my gp wouldn’t give me a referral to a specialist and I did not realise the repercussions of that, apparently I would be fine by June 8th ? I was not could not manage a full week or full time hours, had steroid injections, physio,accupuncture, cupping nothing helped, management told me I could not take my nerve pain medication as it might make me drowsy and I could fall again, I thne received a letter from management saying that I had gone to emergency received an injection for pain then got my 16 year old daughter who was on red L plates to drive me home, then another workcover DR decided I had a bulging C5 & C6 and this had aggrevated this so they finished me, three weeks later I had a call at work saying my daughter was sick and could I go collect her. I texted in the next day saying I was taking her to the dr as she was vomiting all night, I got a text saying we were short staffed ( nothing new) and had to go in, i said I couldnt and recieved a letter asking me t attend a meeting the next day when they terminated me for choosing the wrong brand of IV fluids and other “mistakes” because four pharmacists had told me they had been asked to monitor me I had complied a list of other people’s mistakes much worse than mine but was told’ I am not going there”. so lost my job, saw a lawyer who said I had a unfair dismissal case and a separate bullying case but he had dealt with R– Health before and they would gladly spend $200,00 to stop you getting $10,000 so I did not proceed as it was going to cost $4,000 to do and I only had $5,000 in the bank and two kids in private school and a car loan to pay.
    After applying for numerous jobs could seem to secure one so my husbands friend was was a manager of a flexible factory gave me a job packing plastic bags just before Christmas, heavy but a young guy who started same time as me did all the lifting, then he left and January 9th I got put on a different machine to help load the rolls of plastic,I was bent over a roll pulling and lifting at the same time and something popped in my back, had to go to hospital by ambo who said I had pulled something ( no x-ray) went back 2 days later and I have fractured my L2, have been seeing a neurosurgeon who put me in a back brace but I have excruciating pain in my hips and shooting pain in my left shoulder so he is sending me for a mri today but he seems to think I am ok for light duties ?! What I want to know is I can not drive, can not sit for long, can not bend to pull anything up over my feet, I have to juggle or get someone to help me, can’t lift 3l milk & juice out the fridge as it hurts. Do I have to go. Can I find a different job. Does it look funny because I have two claims. I am just at my wits end not knowing what to do. I have a lawyer for the first case who is taking my injury back to workcover tribunal as we got 0%, I have had a nerve test and there is a trapped ulnar nerve in my elbow and neck but they won’t accept my elbow injury as my gp never mentioned it even though I did.

    1. Kris

      Hi Karen,

      I work in Queensland and I am really sorry to hear about your situation. It sounds like you have been going through so much trouble because of your injuries.

      Honestly, I found it a little difficult to follow everything you have typed out because there is just so much going on between your termination claim and what I am assuming is now a workers compensation claim because your injuries sound like they originated from work.

      I don’t think that most people on this forum can advise if you have to leave work or if you need to find a different job. I think that is an answer best left to a doctor who can properly assess you. I also think that there’s a lot of info I think you may need to go through with a lawyer concerning your legal rights. There are a couple of questions that pop up in my head right away:

      When did the accident actually happen? If you are pursuing a workers compensation claim, you generally have 6 months to file a WorkCover claim in Queensland. Did you file a WorkCover claim when you were injured at work?

      Did you file an incident report when you first slipped in the stairs at work?

      etc. etc.

      The best advice that I can give you regarding your slip on the stairs is to speak with a lawyer regarding your injuries from your accident (if the accident didn’t happen at work, you may have a claim against the occupier of the stairs where you fell.) Most personal injury firms are willing to work on a ‘no win, no fee’ arrangement, as well as a free initial review of your case. Just make sure that you speak with an accredited specialist in personal injury because for cases such as yours, I think it is wise not to let it fall on a generalist because there may be a lot of complicated factors involved in your claim.

      For your termination and bullying claim, I’m honestly not sure how that would work (I work in personal injury.) However, I think most law firms would give free initial consultations so if money is an option, they may offer payment structures that might make it easier for you to be able to pursue a claim.

      I hope this information helps a little bit. I know it isn’t anything comprehensive or specific but I’m not a lawyer (yet.) If you have any other questions, please feel free to ask. I will definitely do what I can to help.

      This is why this website exists.

      – Kris

  20. Hector

    Hi Garry,
    Sorry to hear about your injury.
    Don’t accept what the insurance company or your employer tells you, you are entitle to have your medical cost covered as well as weekly benefits.
    They tell you that for you to walk away from your claim so their profits can soar.
    Get yourself a solicitor, inform yourself and fight them, you can win agains them, you just need the determination not to let them win.
    If I can assist you in anyway I am more that happy to do so
    Cheers

  21. garry

    I was recently dismissed by sydney trains after being injured at work thru no fault of my own. I was told I was entitled to nothing and any further medical expenses would not be met.The general public do not realise the extent the workers compensatoin system has been changed.with the electiom coming up we all have to write to our local newspapers,not only about compensation it is the liberal party who plan to cut penalty and overime rates and leave loading attacking the workers while the fat cats get off scot free.The demise of O’ farrell was planned by the liberal party to promote a new image.O’farrell had hurt a lt of people and he had to go he knew and the liberal party knew it.But it is still the liberal party the same party that has lost 11 members thru corruption in their first term of office.If we can not get rid of the liberals we can at least reduce their power.We need everyone to write the their local newpapers statewide to protect the rights we have fought so hard to achieve.

  22. Hector

    Sorry Tess I neglected to mention that what’s more important than the report is the reasons as to why the insurance company send you to an IME, there is a very strict set of rules setting out the rules as to why, when and which IME the insurance company can send you to see.
    It has been my experience that insurance companies ignore those rules cause it is not in their best interest to follow such guidelines and they take advantage on the ignorance of the injured person to object attending such examinations, everyone should remember the so call INDEPENDENT medical examiner is not independent at all, they work for the benefit of the insurance company and not for your health recovery benefit

  23. Hector

    Hi again Tess ,
    Legally you are entitle to a full copy of the insurance company file, including notes, surveillance , email etc etc.
    You should request it in writting from your case manager as you have a right to see that everything in that file is true and correct.
    In the case of a report from an independent medical examination that the insurance company has send you to see you are only entitle to it if the insurance company use that report in any way in relation to your claim, they should send that report directly to you via the post, however if that report is used and has not been disclosed to you it becomes non valid in any decision the insurance company makes and it relies on that report in their decission.
    The decission you have to make its #1 write to the insurance company and remind them of ther obligation to supply you with the report or #2 keep quiet and in the future if that report it’s used in any legal case your solicitor can request that the report is not admitted in the insurance company legal case due to failure to disclosed it to you as required.
    The best person to advice you what’s best for you is your legal representative

  24. Tess

    Hey all I need some help!!
    I’ve been on Workcover since late November last year after hurting my back at work start of November.
    I’ve had all types of tests and scans done and it has pointed out that I’ve done damage to my lower disk which is now healing but because of all this, my muscle in my back and legs have disintegrated and cause major pain and numbness through my legs.
    After seeing the spinal surgeon yesterday he advised me to go and have an injection in my spin to help with the pain, he said to continue physio and doing what I’m doing!
    I had a nasty voice mail from Workcover demanding that I call them, so I did first thing this morning, they are now saying I must return to work asap, apparently the report she has says I am to return to work, (she had this report hours before my appointment). My specialist said NOTHING about returning to work now but after the injection I should be able to return as normal.

    I got a doctors cert from my GP giving me a further month off so I can do what the specialist asks, now th e problem is, is that WC are saying that this report that they have OVER RIDES the doctor cert!! Is this correct?
    I have tried calling my specialist but he was doing ward rounds so I emailed him instead, am hoping he answers or calls me soon. Any help would be greatly appreciated!
    I am willing to return to work as soon as I’m able to control my pain and major numbness problems but until then I’m scared to make myself worse! Especially with the really physical job that I have.

    1. Hector

      Hi Tess,
      First of all let me say that I am sorry to hear about your work injury.
      Now to issues that you raised, I doubt if it was Workcover that rung you and told you that you must return to work, I am willing to bet my last dollar the phone call came from your employers insurance company case manager, don’t listen to them, you are not their best interest, closing your file and collecting their bonus for doing so it’s their only interest.
      You must listen to your own doctor and solicitor, if you don’t have one of each currently I would recommend that you do immediately, you can’t navigate the Workcover nightmare without legal representation or at least a very high and detail understanding of the regulations and guidelines within Workcover.
      The biggest mistake injured workers make is that they are not proactive when it comes to the legal rights and entitlements, having legal representation is just as important as having a good and caring doctor looking after your physical health factor.
      You must approach the whole thing with a conception that your case manager, return to work manager and any independent medical examiner that the insurance company send you to are all against what’s best for you, they will bully you, intimidate you, lie to you , threaten you all to achieved their ultimate aim that is either to get you to quit your job or buckle under and give away your rights.
      Never give up, inform yourself of your right and remember there is always someone here with similar experiences that might be able to help you with some advice

      1. Tess

        Hi hector and thanks for you’re reply.
        After further appointments with my specialist I ended up recovering the cortison injections in my back, had one further week off then returned to work on Monday, all was good, I worked four hours like the medical cert said and did very light duties.
        This morning (Tuesday) I was told to driver over 40mins to have a meeting with my boss. I arrived in sever pain and was told that I was to continue to work here now (my normal work place is right around the corner from where I live) and because of my cert I had to drive no it’s or buts. I’m currently waiting to get a response from my specialist as my back has flared up and I’m having major pain from all the driving of today: my boss said I have to call him by 8am or I have no other choice but to leave.. Now I’m pretty sure I can’t be forced to quite and I’m sure as hell not driving all that way in this much pain. Hopefully I hear something tonight from the doctor but I doubt that now so I guess I’ll be tell my boss I won’t be in tomorrow and hopefully I hear from my doc.

        I’m going to call a lawyer tomorrow and fair work about this, I’m so stressed out and they are truly starting to bully me, I was trying to do what’s right but now they changed everything that I was doing Monday, which no one had any problems about and I did my work, apparently now there’s no work for me there to do, which I know is a lie.

        I’m just at the end of my tether….I don’t know how much further I can be pushed

        1. Carl

          Hi Tess,
          Are you located in Sydney if so I can give you details for good Solicitor in Sydney?

        2. Complainers of the world make a difference

          Tess you need to ring WorkCover on 131050. Your employer cannot just sack you because of your injury and must provide suitable duties for the first six months.This is legislation. After six months they can say they can’t provide suitable duties and then can work with your insurer who is then obligated to help with your rehabilitation and to return you to suitable employment in another job suitable for your injury. You need to have your NTD provide a WC certificate stating you can only drive for x minutes and that the driving you now have to do due to your employer changing your place of work (not you) is aggravating your injury. The worker is not meant to be disadvantaged by provision of suitable duties. You can also make the complaint to WorkCover that you feel harassed and discriminated against because of your injury and you feel the insurer is bullying you-give some examples. Also make a complaint directly to your case manager about the manner your employer is exacerbating your injury and the manner the CM is treating you. Do this in an email and ask for the name of the CM supervisor. When you get a response you can forward to the supervisor if your case manager is not constructive or helpful. Make sure you tell your NTD about the employer and the insurer’s bullying and ask for a referral for psychological support if this or your pain is impacting on your mental health. Your NTD can put this on your management plan and on the referral the NTD should give the outline of the bullying as well as the need for pain management. The specialist can also provide a report outlining the need for treatment and your correct diagnosis. If the insurer tries to send you to an IME before the specialist sees you tell them you object as your specialist will be providing the information they require and you want any IME put off till you see the specialist. If they threaten you ie say you must go or they will terminate your claim contact WorkCover and explain your objections.
          Good luck!

  25. TiffB

    Hi everyone! I’m just after some advice. I have been on workers comp for 2 months and COMPLETELY stressed out already. It seems to be one step forward 2 steps back! I have hurt my back plus shoulder (Bursitis) and my RTW co-ordinator is pressuring me to have a cortisone injection in my shoulder. I know it would make sense to have it done but a) I have a MASSIVE phobia of needles to the point of a panic attack b) I’m concerned that this will just “mask” my injury and further down the track when the cortisone has worn off that I will be back to where I am now and not be on Workers comp to help with my recovery! Can anyone offer some advice from their own experience? Thanks very much!

    Ps I work in a physical job and I’m in my 20’s so I need my back and shoulder for many years to come!

    1. loz

      You can not be forced to have treatment. But discuss the phobia with your doctor. Bursitis responds very well to cortisone, and you are too young to be suffering. Have the injection and move on with your life. Your dr may have some options about how to deal with the phobia, such as some gas, or a light sedation, having someone with you etc. If you suffer a relapse of an injury caused at work the case can be reopened unless compensation has been allotted. Good luck. I hope you can find a way to do this and have the treatment and get your life back. And YES! Workers comp is a very stressful process and it doesn’t get easier as time goes by, sadly. I wish you well in your journey.

    2. Workcover victim

      Hello Tiff, you might like to read through lots of comments by ppl who have undergone this treatment here http://www.medicinenet.com/cortisone_injection/patient-comments-205.htm
      I was put into a similar position by my case worker, but I refused to have it being a diabetic and being told the cortisone would effect my sugars badly. My shoulder did heal with out it. I found soaking in hot baths was the best pain reliever for me several times a day. Good luck with it.

    3. TiffB

      Thanks for everyone’s advice. Appreciate it. My next question (sorry) .. I saw a Injury Management Consultant a week ago and I thought I had read somewhere that I was entitled to a copy of the report. My case worker has said she sent it to my doctor and I will have to wait until my next appt for her to discuss it with me.

      Anyone have a clear understanding of what my rights are with the report?

  26. Don

    I believe your site helps so many people with good information as it is a mind field out their,I personally have all but given up I have been injured since 2010 and only last 12 months am i well enough to work again but not in a labour intensive job anymore.I have applied for so many jobs but to no avail I have a lot of skills but cannot even get a foot in the door,once I got my petty little lump sum payout and termination well the rest is history, I have lost everything due to this injury,marriage after 35 years,no job,low self esteem due to constant let downs have always had a positive outlook on things but no more for me.I just found out I may be entitled to Newstart a whole $280 a fortnight due to the fact I have some money left over from my property sales well thats inspiring.
    It amazes me how normal people go about their work,do a good job and once injured are treated as leppers and second class citizens and get thrown on the Government social system or even that if you are lucky.
    Good luck to all the injured and hope a lot more good stories happen soon for us all.

  27. kim

    This is new to me this thing they call work cover and yes I call it a THING ! omg its not bad enough that I have received an injury from work but dealing with QBE is a night mare.
    Do we have rights ?

    1. council worker

      hi kim, i am going through the same nitemare with them too, just make sure you have good drs who will fight for you and document everything , and if you do not get any satisfactory responces from them ,do not be afraid to complain. you have rights so do not let them push you around or bully you, this is a very good site for us injured workers to help each other through the mess they call workers comp in nsw

    2. Carl

      Hi Kim,

      Yes you do most important thing get a diary and document EVERYTHING all contact with insurance, Doctors etc relating to your injury what was said who spoken to what time etc.

    3. Workcover victim

      Reading the information provided on this website and The diary of a workcover victim will give you the low down on your rights. http://aworkcovervictimsdiary.com/ I found the diary of a workcover victim exceptional as it gave away a lot of the tricks and nasties that insurance companies try on you and how to avoid them. Also another thing I liked was there is very good information about settlements and again what tricks they pull there as well. NEVER EVER settle for the amount they offer you and if you do make sure their offer is in writing. Do not accept offers made to you on the steps of the courthouse. Please have a read of the material on the workcover victims diary. Good luck !

  28. susan

    hi would like to know if anyone has had a claim for P.T.S.D… depression stress.. etc.. I worked as a shearers cook and was abused mentally as well as physical… nearly at payout stage and was just wondering how much I can expect… thanks… I am a 55 year old women

    1. Carl

      Yes I would like to know as well as I am diagnosed with PTSD from my work place accident and still am diagnosed 18mths later. Have also seen psychologist and treated for this.

    2. Traci

      Hi Susan and Carl,

      I was diagnosed with PTSD 5.5 years ago due to a workplace incident and was initially rejected by insurer, then challenged and accepted. Most people with PTSD dont actually recover, ever but they adjust their living and learn to accept it. I too see psychologists and psychiatrists.

      Traci

    3. Complainers of the world make a difference

      It is very important that anyone suffering from a primary or secondary psychological injury is seen by a treating psychiatrist for a correct specialist opinion and diagnosis. While secondary psychological problems are common to physical injury, they are not compensable, however if you can prove the harassment from the insurer caused a primary psychological injury ie purely due to unacceptable or unethical treatment by your insurer then it is a new separate claim. This is one reason all injured workers should be proactive in collecting evidence if the insurer is misbehaving ie not sending you the correct information, making medical decisions or pressuring you or your NTD to act unethically in matters such as certifications in you Work Capacity Certificate, bullying you over the phone or being rude to you, not following WorkCover guideines etc. Some examples of this that my partner and I have had are as follows-
      – The insurer case manager stated she would approve three week treatment at the Pain Clinic if my partner could get his doctor to provide a WC certificate stating he was fit for 40 hours per week work. We pointed out to the insurer this was blackmail that also required the NTD to write a fraudulent certificate!
      -The case manager’s supervisor advised my partner as far as he was concerned unless my partner was lying on the couch all day doing nothing all day then he had work capacity. The manager stated my husband walked the dog so he had work capacity. My partner advised him this was part of his exercise program and then asked what if he didn’t take the dog? When I spoke with the case manager I asked what sort of work they thought my partner was fit for and the case manager stated “dusting”. I laughed and said he couldn’t dust at home so how could he get a job dusting!! Besides that my partner has both shoulders injured as well as two cervical disc injuries.
      -The case manager’s supervisor advised he would approve a certain motel stay while my husband was at the Pain Clinic then booked another dodgy one in an inconvenient location at a greater cost to the insurer because my partner had stated he did not want to stay there. The manager then spoke over me on the phone ignoring the fact I was threatening suicide as I just could not take any more of their harassment of my partner.
      -The case manager approved treatment and booked accommodation then accused my partner of going to the treatment without approval and she would reimburse the hospital causing us to have to pay and then she would not reimburse us and owed us $2000 till after many complaints her manager reimbursed us months later.
      Those are just a few examples of insurer unethical behaviour that may cause a primary psych claim.

      In my case I have a psychological injured and found the harassment and unethical behaviours from the insurer made me much worse.
      The following court case demonstrates an injured worker can make a claim for a new primary psychological claim after a physical injury if the insurer is doing the wrong thing-
      http://www.austlii.edu.au/au/cases/nsw/NSWWCCPD/2011/4.html

      You can also find comment on this case on the following website- http://aworkcovervictimsdiary.com/2012/02/bullying-workers-comp-insurer-allianz-pays-the-price/

      I urge injured workers to make complaints directly to the insurer when they perpetrate such behaviours and then make complaints to WorkCover through Claims Assistance. Always communicate via email as this gives good record of your complaints as well as the responses from the insurer. All this is evidence if you find you have a breakdown due to the poor management of your claim.

      It is much more difficult for you to get legal assistance under the new legislation so if you have an issue you have a greater chance of having legal assistance approved by ILARS if you have evidence to show wrong doing.

    4. Complainers of the world make a difference

      To obtain an award ie lump sum payment for a psychological injury you must be over !5% Whole Person Impairment. The WPI is worked out using a formula with categories being scored and added up.

      The following is a very interesting article that is a must read for anyone with a psych injury – http://www.psychology.org.au/Assets/Files/AssessmentPIRS.pdf

      The WorkCover Guides for the Evaluation of Permanent Impairment don’t seem to be on the WorkCover website any longer but I have a copy and will cut and paste the psychological stuff so you can see how a psych claim is assessed making this post very long but here goes.

      I can’t get the score boxes copied but the descriptions will help –

      11 PSYCHIATRIC AND PSYCHOLOGICAL DISORDERS
      AMA5 Chapter 14 is excluded and replaced by this chapter.
      Introduction
      11.1 This chapter lays out the method for assessing psychiatric impairment. The
      evaluation of impairment requires a medical examination.
      11.2 Evaluation of psychiatric impairment is conducted by a psychiatrist who has
      undergone appropriate training in this assessment method.
      11.3 Permanent impairment assessments for psychiatric and psychological
      disorders are only required where the primary injury is a psychological one.
      The psychiatrist needs to confirm that the psychiatric diagnosis is the injured
      worker’s primary diagnosis. This assessment is not done for the purposes of
      determining “pain and suffering” as defined for the purposes of section 67
      of the Workers Compensation Act 1987. “Pain and suffering” means actual
      pain, distress or anxiety, suffered or likely to be suffered by the injured worker,
      whether resulting from the permanent impairment concerned or from any
      necessary treatment of that impairment.
      Background to the development of the scale
      11.4 The psychiatric impairment rating scale (PIRS) used here was originally
      developed, using AMA4, for the New South Wales Motor Accidents Authority. It
      was then further modified for Comcare. At this time the conversion table was
      added. Finally, to ensure relevance in the NSW Workers Compensation context,
      the PIRS was extensively reviewed with reference to AMA5. Changes have been
      made to the method for assessing pre-injury impairment, and to some of the
      descriptors within each of the functional areas.
      Diagnosis
      11.5 The impairment rating must be based upon a psychiatric diagnosis (according
      to a recognised diagnostic system) and the report must specify the diagnostic
      criteria upon which the diagnosis is based. Impairment arising from any of the
      somatoform disorders (DSM IV TR, pp 485-511) are excluded from this chapter.
      11.6 If pain is present as the result of an organic impairment, it should be assessed
      as part of the organic condition under the relevant table. This does not
      constitute part of the assessment of impairment relating to the psychiatric
      condition. The impairment ratings in the body organ system chapters in AMA5
      make allowance for any accompanying pain.
      11.7 It is expected that the psychiatrist will provide a rationale for the rating based
      on the injured worker’s psychiatric symptoms. The diagnosis is among the
      factors to be considered in assessing the severity and possible duration of the
      impairment, but is not the sole criterion to be used. Clinical assessment of the
      person may include information from the injured worker’s own description of
      his or her functioning and limitations; from family members and others who
      may have knowledge of the person. Medical reports, feedback from treating
      professionals, results of standardised tests, including appropriate psychometric
      testing performed by a qualified clinical psychologist, and work evaluations
      may provide useful information to assist with the assessment. Evaluation of
      impairment will need to take into account variations in the level of functioning
      over time. Percentage impairment refers to “whole person impairment”.
      Permanent impairment
      11.8 A psychiatric disorder is permanent if, in your clinical opinion, it is likely to
      continue indefinitely. Regard should be given to:
      • the duration of impairment
      • the likelihood of improvement in the injured workers’ condition
      • whether the injured worker has undertaken reasonable rehabilitative
      treatment
      • any other relevant matters.
      Effects of treatment
      11.9 Consider the effects of medication, treatment and rehabilitation to date. Is the
      condition stable? Is treatment likely to change? Are symptoms likely to improve?
      If the injured worker declines treatment, this should not affect the estimate of
      permanent impairment. The psychiatrist may make a comment in the report
      about the likely effect of treatment or the reasons for refusal of treatment.
      Co-morbidity
      11.10 Consider co-morbid features (eg Alzheimer’s disease, personality disorder,
      substance abuse) and determine whether they are directly linked to the work-
      related injury or whether they were pre-existing or unrelated conditions.
      Pre-existing impairment
      11.11 To measure the impairment caused by a work-related injury or incident,
      the psychiatrist must measure the proportion of WPI due to a pre-existing
      condition. Pre-existing impairment is calculated using the same method
      for calculating current impairment level. The assessing psychiatrist uses all
      available information to rate the injured workers pre-injury level of functioning
      in each of the areas of function. The percentage impairment is calculated
      using the aggregate score and median class score using the conversion table
      below. The injured worker’s current level of impairment is then assessed, and
      the pre-existing impairment level (%) is then subtracted from their current
      level to obtain the percentage of permanent impairment directly attributable
      to the work-related injury. If the percentage pre-existing impairment cannot
      be assessed, 10 per cent of the estimated level of the condition now being
      assessed is to be deducted.
      Psychiatric impairment rating scale (PIRS)
      11.12 Behavioural consequences of psychiatric disorder are assessed on six scales,
      each of which evaluates an area of functional impairment:
      • Self care and personal hygiene (Table 11.1)
      • Social and recreational activities (Table 11.2)
      • Travel (Table 11.3)
      • Social functioning (relationships) (Table 11.4)
      • Concentration (Table 11.5)
      }
      Activities of
      daily living
      • Employability (Table 11.6)
      11.13 Impairment in each area is rated using class descriptors. Classes range from
      1 to 5, in accordance with severity. The standard form must be used when
      scoring the PIRS. The examples of activities are examples only. The assessing
      psychiatrist should take account of the person’s cultural background. Consider
      activities that are usual for the person’s age, sex and cultural norms.
      Table 11.1: Psychiatric impairment rating scale – Self care and personal hygiene
      Class 1 No deficit, or minor deficit attributable to the normal variation in the
      general population
      Class 2 Mild impairment: able to live independently; looks after self adequately,
      although may look unkempt occasionally; sometimes misses a meal or
      relies on take-away food.
      Class 3 Moderate impairment: Can’t live independently without regular support.
      Needs prompting to shower daily and wear clean clothes. Does not
      prepare own meals, frequently misses meals. Family member or
      community nurse visits (or should visit) 2-3 times per week to ensure
      minimum level of hygiene and nutrition.
      Class 4 Severe impairment: Needs supervised residential care. If unsupervised,
      may accidentally or purposefully hurt self.
      Class 5 Totally impaired: Needs assistance with basic functions, such as feeding
      and toileting.Table 11.5: Psychiatric impairment rating scale – Concentration, persistence
      and pace
      Class 1 No deficit, or minor deficit attributable to the normal variation in the
      general population. Able to pass a TAFE or university course within
      normal time frame.
      Class 2 Mild impairment: can undertake a basic retraining course, or a standard
      course at a slower pace. Can focus on intellectually demanding tasks for
      periods of up to 30 minutes, then feels fatigued or develops headache.
      Class 3 Moderate impairment: unable to read more than newspaper articles.
      Finds it difficult to follow complex instructions (eg operating manuals,
      building plans), make significant repairs to motor vehicle, type long
      documents, follow a pattern for making clothes, tapestry or knitting.
      Class 4 Severe impairment: can only read a few lines before losing concentration.
      Difficulties following simple instructions. Concentration deficits obvious
      even during brief conversation. Unable to live alone, or needs regular
      assistance from relatives or community services.
      Class 5 Totally impaired: needs constant supervision and assistance within
      institutional setting.
      Table 11.6: Psychiatric impairment rating scale – Employability
      Class 1 No deficit, or minor deficit attributable to the normal variation in the
      general population. Able to work full time. Duties and performance are
      consistent with the injured worker’s education and training. The person is
      able to cope with the normal demands of the job.
      Class 2 Mild impairment. Able to work full time but in a different environment
      from that of the pre-injury job. The duties require comparable skill and
      intellect as those of the pre-injury job. Can work in the same position,
      but no more than 20 hours per week (eg no longer happy to work with
      specific persons, or work in a specific location due to travel required).
      Class 3 Moderate impairment: cannot work at all in same position. Can perform
      less than 20 hours per week in a different position, which requires less
      skill or is qualitatively different (eg less stressful).
      Class 4 Severe impairment: cannot work more than one or two days at a time,
      less than 20 hours per fortnight. Pace is reduced, attendance is erratic.
      Class 5 Totally impaired. Cannot work at all.
      Using the PIRS to measure impairment
      11.14 Rating psychiatric impairment using the PIRS is a two-step procedure:
      • Determine the median class score.
      • Calculate the aggregate score.

      Table 11.5: Psychiatric impairment rating scale – Concentration, persistence
      and pace
      Class 1 No deficit, or minor deficit attributable to the normal variation in the
      general population. Able to pass a TAFE or university course within
      normal time frame.
      Class 2 Mild impairment: can undertake a basic retraining course, or a standard
      course at a slower pace. Can focus on intellectually demanding tasks for
      periods of up to 30 minutes, then feels fatigued or develops headache.
      Class 3 Moderate impairment: unable to read more than newspaper articles.
      Finds it difficult to follow complex instructions (eg operating manuals,
      building plans), make significant repairs to motor vehicle, type long
      documents, follow a pattern for making clothes, tapestry or knitting.
      Class 4 Severe impairment: can only read a few lines before losing concentration.
      Difficulties following simple instructions. Concentration deficits obvious
      even during brief conversation. Unable to live alone, or needs regular
      assistance from relatives or community services.
      Class 5 Totally impaired: needs constant supervision and assistance within
      institutional setting.
      Table 11.6: Psychiatric impairment rating scale – Employability
      Class 1 No deficit, or minor deficit attributable to the normal variation in the
      general population. Able to work full time. Duties and performance are
      consistent with the injured worker’s education and training. The person is
      able to cope with the normal demands of the job.
      Class 2 Mild impairment. Able to work full time but in a different environment
      from that of the pre-injury job. The duties require comparable skill and
      intellect as those of the pre-injury job. Can work in the same position,
      but no more than 20 hours per week (eg no longer happy to work with
      specific persons, or work in a specific location due to travel required).
      Class 3 Moderate impairment: cannot work at all in same position. Can perform
      less than 20 hours per week in a different position, which requires less
      skill or is qualitatively different (eg less stressful).
      Class 4 Severe impairment: cannot work more than one or two days at a time,
      less than 20 hours per fortnight. Pace is reduced, attendance is erratic.
      Class 5 Totally impaired. Cannot work at all.
      Using the PIRS to measure impairment
      11.14 Rating psychiatric impairment using the PIRS is a two-step procedure:
      • Determine the median class score.
      • Calculate the aggregate score.
      Determining the median class score
      11.15 Each area of function described in the PIRS is given an impairment rating
      which ranges from Class 1 to 5. The six scores are arranged in ascending
      order, using the standard form. The median is then calculated by averaging the
      two middle scores. For example:
      Example A: 1, 2, 3, 3, 4, 5 Median Class = 3
      Example B: 1, 2, 2, 3, 3, 4 Median Class = 2.5 = 3*
      Example C: 1, 2, 3, 5, 5, 5 Median Class = 4
      *If a score falls between two classes, it is rounded up to the next class. A
      median class score of 2.5 thus becomes 3.
      11.16 The median class score method was chosen, as it is not influenced by
      extremes. Each area of function is assessed separately. While impairment in
      one area is neither equivalent nor interchangeable with impairment in other
      areas, the median seems the fairest way to translate different impairments
      onto a linear scale.
      Median class score and percentage impairment
      11.17 Each median class score represents a range of impairment, as shown below.
      Class 1 = 0-3%
      Class 2 = 4-10%
      Class 3 = 11-30%
      Class 4 = 31-60%
      Class 5 = 61-100%
      Calculation of the aggregate score
      11.18 The aggregate score is used to determine an exact percentage of impairment
      within a particular Median Class range. The six class scores are added to give
      the aggregate score.
      Use of the conversion table to arrive at percentage impairment
      11.19 The aggregate score is converted to a percentage score using the conversion table.
      11.20 The conversion table was developed to calculate the percentage impairment
      based on the aggregate and median scores.
      11.21 The scores within the conversion table are spread in such a way to ensure that
      the final percentage rating is consistent with the measurement of permanent
      impairment percentages for other body systems.
      Examples: (Using the previous cases)
      Example A
      PIRS scores Median class
      1 2 3 3 4 5 = 3
      Aggregate score Total % Impairment
      1+ 2+ 3+ 3+ 4+ 5 = 18 22%
      Example B
      PIRS scores Median class
      1 2 2 3 3 4 = 3
      Aggregate score Total % Impairment
      1+ 2+ 2+ 3+ 3+ 4 = 15 15%
      Example C
      PIRS scores Median class
      1 2 3 5 5 5 = 4
      Aggregate score Total % Impairment
      1+ 2+ 3+ 5+ 5+ 5 = 21 44%

      67
      Examples: (Using the previous cases)
      Example A
      PIRS scores Median class
      1 2 3 3 4 5 = 3
      Aggregate score Total % Impairment
      1+ 2+ 3+ 3+ 4+ 5 = 18 22%
      Example B
      PIRS scores Median class
      1 2 2 3 3 4 = 3
      Aggregate score Total % Impairment
      1+ 2+ 2+ 3+ 3+ 4 = 15 15%
      Example C
      PIRS scores Median class
      1 2 3 5 5 5 = 4
      Aggregate score Total % Impairment
      1+ 2+ 3+ 5+ 5+ 5 = 21 44%

  29. Isobell

    I am seeing my Psychologist on Monday. I called today to check how much time I will have. was advised, it will be half an hour most. I requested if I could have an hour, as I had much to share, considering all the human right violation, verbal abuse, psychological raping that has been going on for years. I am already beginning to feel uncomfortable. Some organisation is acting as if the hold Power of Attorney over me. They hold key to my residence etc, they Trades People take instruction from them mostly etc. It is quite frightening. On Tuesday last I walked over to my neighbour and noticed my garage door opened. Since do not posses the strength to pull down the door, I asked my neighbour do it for me. I thought, strong wind which we had lately, could have released the latch that migh not have been properly closed. I had not locked the garage door. before retiring for the night I went and locked the garage door. Three days later, I had an appointment for the Council gardener to do my lawn in the backyard. Appt was for 8am. Face Book posting drew my attention to the shooting in France. I did not go to bed until 4am. se the alarm for 7.30 am so I could open the garage door for the gardener to get in. Since he did not come, I called him. He said he was on the way. I went out to open the garage door for him to come through. The garage door was already open for him. I had a Garden Rake Pushed against the knob of the door leading to the garage, and that had been removed and put aside for the gardener to get through. I was not shocked cause this has been going on. Lock Smith I had called and requested to change the Front Door lock and Garage Door Lock that leads to my backyard. I got refused. WC Insurer????/Who??? Police will not. Attend to me…Community Services would not put in writing services available Which I can access. Taxi Booking has been a nightmare for year….dread each time I book a taxi to go to church etc…….lately I have been mentioning of my plan to see a Psychologist….ever since then Taxi experience has suddenly become normal….no veral abuse, yelling etc. They/WC Insurer?their Associates??? have access to all of the documents, reports I write etc. having access to my house, they have damaged furniture to parts of property etc. House is wired, there seem to be duplicate Administrator for my internet etc….there is so much to share with the Psychologist…..Is is possible this people can influence the Psycholigist like they do doctors?? I just want all of this cleared and out of the way, as 2015 is here, I have goals to work towards. I am, in midst of working towards setting up a Pain Support Group in the Inner West. I want to be able to take a taxi without any hassle, as I would need to depend on Taxi to get to these places. Plan is to set it up and get it going by March this year if possible. I have met and spoken with the Dee Why Group Leader, who is going to help me. I very much would like to see this group up and running, so as to be a support for those with Chronic Pain, in these parts of the wood. I have suffered Chronic Nerve and Muscular pain for the last 12 years and have survived. Will get back to you people, once I have seen my Psychologist. Wish me luck/say a prayer for me. Thanks.

    1. Carl

      I dont know why your Psychologist is only giving you 1/2hr? I have seen my Psychologist about 11 times and all my visits are 1hr. I suggest you find another Psychologist that give you the full hour consult. Good luck.

      1. Isobell

        Hi Carl, I did have enough time with my Psychologist today. It went very well. He was very encouraging and appreciated what he said he noticed since my last visit……. noticeable progress and the positive attitude towards life etc. he said. Encouraged my plan to start a Chronic Pain Support Grp in the Inner West. He encouraged me to exercise my rights etc. I came out of his office, more sure of my self and for the first time in many years, I mean many years, am prepared to exercise my Civil Right to Privacy and Human Right….not that I have not tried it before In the past,I was squashed like a fly, the moment I made a move….but this time, it is going to be different……Hope I can go to Current Affair in the near future, for the sake of / AND, oppressed and persecuted Injured Workers, and as well, write a book some day to expose the low acts of W C Insurer’s to the Nation of Australia, based on my experience of mental, verbal, H Right abuse and Privacy Right abuse, Psychological Raping (word that I coined – who knows, someone else could have, before me!) etc for the total of fifteen years. Off which, last 7 yrs, EVEN AFTER I had signed DEED OF RELEASE with my Employer’s self-insured Insurer, at WORKCOVER NSW. All is well now Carl. For now, need to focus on setting-up the Chronic Pain Support Group in the Inner West. It feels good to have a goal….it sort of provides a purpose for life…pain or not, life has to go on….wish me luck…..or rather, say a prayer prayer for me, that I may succeed in my goal for 2015!!

        1. Carl

          That is great news, Always think positive it is the insurance companies job to break you and never believe in your injury or injuries. It is there job to make you as upset as much as they can as well. Keep a daily diary of EVERYTHING that happens with your day to day living etc and also anything you get or contact from the insurance company and what was said. Also ensure your rights to claim ALL money owed to you as well regarding travel expenses etc. Keep everything and check everything cause in can assure you they do stuff up on paying you entitlements i think is on purpose. Also to beware that they have probably got private investigators watching you as well. I had them for days following me rang my solicitor he rang the insurance company they off course denied it and guess what with-in 1/2hour of my solicitor ringing they were gone. Just remember as i said it is the insurance company job to break you or do what ever they want to upset you. DON’T LET THEM WIN you are better than them always say that to yourself :) Focus on your goals and achieve them. Good luck :)

        2. Complainers of the world make a difference

          Good to hear you have had a positive experience with your psychologist. If anyone is following you after you have signed a Deed of Release they are no longer protected under the Surveillance legislation as you are out of the Workers Comp system so that is stalking. Try to get evidence for the police who can take action if you are being stalked.
          Keep being positive and keep up the psychologist as they can support you a lot so you can move on. I also continue to see both my psychiatrist and psychologist for support even though I am out of the system just like you.
          Keep up the good work of supporting others.

          1. council worker

            thanx complainers of the world, I am keeping positive the best I can, but seems now there may be nothing more they can do for me,i have tried everything asked of me, thank you for all your help with all the injured people on here,

          2. Isobell

            Complainers of the world make a difference, Thank you for the encouragement. In the past, the Police were clearly on the side W.C Insurer or their Associates…must have been hood winked by the WC Ins into believing they still had rights to Surveillce Rights etc. For the first time in nine yrs., I feel confident, that this time, going to the Police is going to help. At the moment, I am building-up courage and, same time preparing a list of issues I need to report on…issues will include, being stalked, bullied, house invasion, vandalyzing property, robbed of Privacy and Human Right, fraudulently acting as Power of Attorny etc which has gone on for is a long time…nine yrs…Closure seems almost insight….light at the end of the tunnel, first appeared for me, after I began posting on IWSN Website…Before I go to the Police, I have decided, to first find, A place of Meeting, for The Chronic Pain Support Grp in the Inner West, and to have that grp up and running. Have got an appointment with my Parish Priest on the 20th Jan 2015 for that very purpose……… What hope have the injured workers, if other injured workers who are well versed in the WC Com Law or equipped with Administrative skills etc, are not there to help guide and point their way in the right direction – Thank you IWSN (BY ZIG ZAGLAR “Life is short, live it, Love is rare, grab it, Anger is bad, dump it, Memories are sweet, cherish it”)

  30. council worker

    hi everyone, I do hope you all had a nice xmas without too much pain,and some good times with family and friends,as these are the things that keep me going through this nitemare. and hope this year brings less pain and better health for you. id just like to give you a further update on my progress, I had an arthrogram on my shoulder 3 months after my cervical surgery as requesyed by my ortho, In the consult with him he said to me as the cervical surgery has not relieved my pain from my arm/shoulder into my neck ,i may have chronic regional pain disorder, he said that he does not recommend any further surgery on my shoulder as it may increase the pain and make me so much worse,by now the rotator cuff has retracted 4.5cms and that was in nov so its probably bigger now, he has recommended me to another ortho for a second opinion,he states he probably wont recommend surgery either,but a second opinion is a must., I have been seeing a psychologist for nearly 6 months now and he is recommending me to see a psychciatrist as my mental state due to depression ,anxiety all the pain and medication im on is driving me crazy, not to mention the way I have been treated by insurance co people and their imes. if all this had of been treated earlier when recomended and not delayed and disputed I would probably not be as injured as I am now. im sure I will update again to you after I see the surgeons in coming weeks, take care all .

  31. Jason

    I welcome everyone’s thoughts on the following questions: why, if at all, would Doctors be frightened of Insurers? What power can Insurers wield over Doctors and how may this abuse of power manifest itself in practical terms?

    TIA

    Jason

    1. Isobell

      Jason,

      I too am wanting find out the answer to your question. Among other pain condition, I have been a Chronic Neuropathic pain sufferer. That includes pain in all parts of my mouth. Led to me loosing most of my teeth. My WC Insurer has used doctors not to keep me advised on some of the diagnosis, delayed treatment to injuries etc. In August this year started my dental treatment and denture impressions. I have not eaten solid food ever is ce then. There has been approximately 24 Dentist visit, going on to 4th impression for lower denture and 3rd impression for upper denture. Not sure how long the WC Insurer will drag this drama of pain. Very intimidating phone response (sure tell tale signs of WC Ins involvement), clearly tells me who is behind inflicting this unnecessary pain and suffering. I am definitely not blaming the Dentist involved here. And thus the reason, I am waiting for a response from those in the know, as to why the doctors have to fear the insurers. Come 2015, I am not sure how many more Dentist visit it is going to take. I am walking around without a lower denture since August this year. Am I living in Australia?
      Jason, your qustion has been a question on my mind, but never had the courage to ask it. Thank you for putting it out there. Another question I have….when a contracture in my shoulders developed, the surgery was delayed for so long where I became so disabled. Dictors had not advised me of the cause for the disability. I only found out when my family took me to an overseas hospital for second opinion. When finally got operated on here in Sydney, I got advised by the surgeon, due to RED TAPE he was not able to help me sooner. I must mention, I had the best Surgeon who worked magic on me. I recovered from much of the disability gained back the ability for Personal Care. So, What is RED TAPE. I almost lost my chance at independent lifestyle. Though I have lot of limitation, I have some independence all because of that surgery.
      God Bless.

      1. Jason

        Yes Isobell…we are living in Australia…the land where, unfortunately, Allied Health Professionals are far more concerned with the idea of both minimising the expenses of insurance companies and prescribing drugs to patients to pacify insurance companies, rather than the concept of providing their patients with the best possible care.

        1. Roy Farmer,

          100% correct , This so called lucky country has almost destroyed us as a result of a work related accident ! We have been fighting this case for the past 8 years & the Doctors lawyers insurers all are supporting each other & not the injured parties !” Shocking “

          1. isobello

            Roy, I agree, the Lucky Country, through it’s wrong, unfair policies, harass us continuously, rob us Injured Workers (before the case, during the case and as for me for years, continuously long after settlement and that is disheartening), of our dignity, our health, chance at continuing our Career Life etc and, what one would consider close to a normal life. Must be relentless in conrinuing to take on our battle further, until policy change takes place and Injured Workers have a way out of this NIGHTMARE. He he he…Got to learn how to laugh or we cn go insane. We as a person must not change….that is our strength. All the best mate!! God Bless….

    2. Complainers of the world make a difference

      Treating doctors are harassed by insurance case managers by constant requests for paperwork. They ask them to justify treatment and re send virtually the same questions then deny treatment or say the doctor hasn’t responded so they send you to an IME. In one case my solicitor told me the case manager threatened a doctor saying if they didn’t agree with what the case manager wanted they would have the doctor disbarred. Most doctors know these are just harassment tactics. My doctor abused the case manager for harassing him and me. All treating doctors need to stick to their guns and stand up to the insurers. Wouldn’t it be good to see the NTD writing to the insurer asking them why they are undermining treatment and causing the patient’s injuries to worsen??
      Doctors can and should report such intimidation tactics by insurers to WorkCover. This would be a great help for the injured.

      1. Carl

        Hi,
        Last year my Doctor was FORCED by the insurers own appointed Rehab Provider to make me return to work when clearly my GP was not happy with me to return to work due to allot of reasons. Including upcoming operations, Pain, Walking Aids I am using etc. My GP was writing out the Workcover certificate and said I am putting him as No Work Capacity then the Rehab provider arched up and said “No you cant just put him as no work capacity that means he is at home in bed” she forced my GP to put some work capacity to which he did. I then was peed off to the max and went home got drunk and contacted Work Cover and the lovely lady I spoke to there said “they cant do that if your GP says that you are unfit for work he is more than entitled to put No Work Capacity” I then wrote the Workcover lady name down made another appointment with my GP and when I asked him when I walked in about what happened and that the rehab provider lady made you change me to some work capacity when clearly you wanted me on No work capacity my GP agreed and said “yes she did and was pretty forceful on making me put you on work capacity”. I then explained to him that I have spoken with Workcover and gave the lady’s name and what she said my GP changed me back to No Work Capacity. Only after 13mths of dealing with this pathetic and only working for the insurance company rehab provider that I could choose my own. To which I have changed and happy with at present as they are there for me to help me not just get me back to work when clearly i am not ready and still not.

        1. Hector

          Your Doctor, your Solicitor and yourself should not allowed that to happen as it’s not only illigal under Workcover is also immoral.
          I am not 100% of your situation but what you are saying I would recommend the following to you: #1 as a matter of urgency I recommend you get yourself an lawyer ( and try to get a lawyer that is a mongrel) #2 get ride of the rehab provider, the insurance company has no right to appoint one for you, it’s your choice to appoint the rehab provider so enforce your right #3 your doctor is leaving himself open to a complaint to the AMA by issuing a certificate that he does not agreed, he has falsified the certificate cause of the pressure by the rehab provider hence he has fail in his duty of care and leaving himself open for a lawsuit.
          #4 if the doctor does not change the certificate I would recommend you change doctor also.
          When it comes to Workcover issues all involved do a lot of talking and complaining about the legislation and rules but very few do anything about it, I personally put the blame on the mess all injured workers are in on the politicians, solicitors, health providers and union leaders, most of them talk to talk but are too affraid to walk the walk.
          Don’t allowed yourself to be stepped on by the insurance companies, stand up and fight and must start by arming yourself with the best ammunition you can use and that is knowledge of the legislation and guidelines.

    3. Kris

      My theory of insurer doctors is that if the diagnosis does not come in favor of the insurance company, then those same companies will no longer use the doctor for their IME’s. In my work experiences, it is very easy for a professional to summarize the same issue, but with different wording that portrays two completely different outcomes. This is of course not the case for EVERY doctor out there, but nobody is perfect.

      With respect to the medical profession in general, I speculate that a lot of it has to do with administrative issues. This article basically clarifies my opinion: https://www.mja.com.au/careers/200/2/red-tape-emergency

      If a doctor would have any fear, I think it would come from a medical malpractice lawsuit. Maybe that’s why they tend to adhere to the ‘red tape’, because if they do not it may possibly open them up to liability. Just my thoughts though :)

      Good luck with your recovery everyone. My prayers are with you all.

  32. Leanne

    My Son was cleared by his specialist to return to work pre injury duties 12/11/2014. He attended work for around 2 weeks even doing some overtime as required. The insurance company finalised my Son’s claim. On the 28/11/2014 he was sent to a Sports injury Dr. by the request of his employer. He has now received a letter from his employer 08/12/2014 referring to the report stating that his current physical capacity and reported symptoms are not aligned with the inherent requirements of his role. And given the nature of his employment & duties available on site they are unable to accommodate him in a revised capacity until such time he can successfully complete a standard pre-employment medical consistent with his role. And at a time he & his Dr. agree he is able to fulfil the full requirements of his role and provide a certificate stating such, they will again make the Sports Dr. available to complete a pre-employment physical assessment. If he is unable to return to his pre-injury duties on the 15 Jan 2015 they will again review his employment.
    What can we do???
    Thanks

    1. Hector

      Leanne, first of all, when did his work injury happen, was it prior to October 2012 or after.
      Secondly nobody that has been injured at work should be without a solicitor as sadly that I have to say work insurance companies in Australia DO NOT do the right and proper thing by the injured workers

      1. Leanne

        His injury was in March 2014. Does anyone know if its worth going to a No Win No pay. I hear that that charge a high % of the payout !!

        1. Kris

          Hi Leanne

          I’m a law student in Queensland, as well as a personal injury licensed paralegal in Canada where I’m originally from.

          I agree with Hector. Most personal injury firms offer a free consultation so it never hurts to check out firms and “lawyer shop.”

          With respect to your ‘no win no pay’ question, my understanding of Australia is that law firms are not allowed to charge contingency (percentages) fees:

          http://www.austlii.edu.au/au/legis/nsw/consol_act/lpa2004179/s325.html

          Rather, they bill clients hourly for the work that is done on the file. The ‘no win, no pay’ arrangement basically means that after a lawyer has assessed your claim and determined your chances of success, they will not charge you their legal ‘fees’ if you end up losing your claim.

          However, be careful of this. It’s important to go over their costs agreement because I heard that some firm’s ‘no win, no pay’ arrangement may not include medical assessment costs and other disbursements. Make sure that you choose a firm that undertakes the full cost of your claim if they decide to act on your behalf (from my experience working in different law firms, this usually indicates a certain measure of expertise.)

          The other thing as well is, there’s a ‘maximum fee” for personal injury claims that can be charged for amounts under $100,000 in NSW, which I believe is capped at 20% of the total settlement amount. By contrast, in Canada we are allowed to charge contingency fees and most personal injury firms average to 30% of the settlement amount regardless of the total. In my eyes, the fee cap sounds reasonable but then again, always look at their costs agreement for their full terms.

          http://www.austlii.edu.au/au/legis/nsw/consol_act/lpa2004179/s338.html

          Finally, you have a right to request an itemised bill to double check what you are being charged if your son’s claim succeeds. I recommend that you always exercise that right.

          http://www.austlii.edu.au/au/legis/nsw/consol_act/lpa2004179/s332a.html

          So whether or not it is ‘worth it’ depends on what your lawyer’s initial assessment of the claim may be. That’s why you should definitely speak to a lawyer about it.

          Final tip, get an accredited specialist in personal injury. Be wary of lawyers without that credential. Personally, I feel that specialization is important when it comes to dealing with your family’s health or future.

          I know I was a bit late in this, but hopefully it helps you out (or anyone else for that matter.)

          Good luck. I’ll definitely keep your family in my prayers.

          – Kris

    2. Complainers of the world make a difference

      The legislation gives at least six months grace before an injured worker can be dismissed and this can only be done for reasons other than the injury. You need to get your son the give WorkCover a call immediately. If you son is over 18 WorkCover are not able to speak with you directly due to Privacy provisions but your son is able to fill out a Stat Dec which you can obtain from WorkCover where he can give you permission to speak for him. Ring WorkCover on 131050. Ask them about the permission from your son and have you son speak about what is going on. WorkCover is the regulator so should be able to follow this up for you.
      Good luck!!

      1. Leanne

        Thanks again for the info. His injury happened in March 2014.

  33. lucy

    I would just like to say I am not happy. I received in the mail today paper work from C.C.Insurane with surveillance report and yes I no that they do this. I am very stress due to the fact they took photos for my 80yr old parents of my daughter and my granddaughter they also follow my husband to his work and stated the name of his work. I am the one on workers comp not them and what right do they have to do this. If you have kids in school or at a sporting event you have to ask permission to take photos so why are the insurance company aloud to do this. I am under a lot of stress and anxiety with my injury and they just had more. I am over it

    1. Complainers of the world make a difference

      My insurer followed my 22 year old daughter and my husband around and the report even shows the investigator videoed a random person around my age who was in the shopping centre my daughter went into. I am adding this my my list of complaints and my husband told the insurer he was not happy with our daughter being stalked. Make a complaint to your insurer and highlight to fact it has been an invasion of your family’s privacy. Tell them you want it investigated as a breach of the Privacy Act and ask what them to tell you what their policy is on this and how they can justify surveillance on family members who are obviously not you. Tell them you want it dealt with as a breach of the Privacy or Surveillance Legislation and you want notification of what government agencies need to be notified. You can also ring WorkCover on 131050 and ask for clarification on this matter. Definitely make the complaint to the insurer themselves. Send it to your case manager and put the questions “Who is your supervisor?” and “Who is the Operations Manager?” to the case manager so you can forward the complaint to them as well. As long as you get the names of these people you just use the @insure’s name etc after their names in the same manner the case manager has their email set up and this is usually their email. The more people who make such complaints the more likely we can show what is happening.

  34. Joel

    G’day,

    I have recently had some back and forth with the insurance company in regards to a spinal injury that happened nearly 5 years ago. Below is a snap shot of the past few years.

    • Injury happened on 3.3.10. Damage to disc between L4/5
    • One year of back and forth with medical appointments to satisfy every CGU requirement. This time also included consultation with 2 specialists, work cover appointments and job searching
    • The first specialist I attended suggested I undergo a spinal fusion. I went to get a second opinion based on a recommendation from my GP, CGU and friends who have had a fusion
    • Got a second opinion. It was explained to me that a spinal fusion was indeed a last resort and should not be performed on a 22 year old if there are other options available, which there was. Having an entire life ahead of me, a spinal fusion at that age would have likely resulted in the discs above and below L4/5 wearing out an accelerated rate.
    • The results of this discussion was shared with CGU and the decision was made to undergo an L4/5 laminectomy (partial removal of the L4/5 disc). The information provided was that this was a much less invasive operation and could potentially provide some pain relief (though it may be temporary, as CGU were made aware)
    • I was successful job searching and returned to a suitable job as soon as CGU and Work Cover permitted. I am still in that Job.
    • Surgery was approved after I had started my new job. Given that I had just started, I delayed the surgery until after my probationary period, as I did not want to give the company any reason to let me go.
    • Surgery was booked in for 23.3.12 (2 years after the date of injury)
    • Months of rehabilitation followed this, and I finally came back to some form of normality and was able to return to work (not the job I had before the injury).
    • Over the 2 years following this, I have a few episodes where I have required treatment, however this was not raised with CGU. I paid for the odd visit to physio, deep tissue massage and pain relief as required. It seemed counter productive to me to involve CGU again and have to wait for approvals on each and every matter
    • After surgery and recovery, my Senior Case Manager from CGU, called me to discuss the avenue of a possible lump sum payout. The information provided to me at that time was that if I was to accept a payout that there would be no cover for me in the future. It was a case closed, good luck with life scenario. Of course, only being 24 I immediately rejected the offer as I was told by the specialist that the issue would return with time. I knew full well accepting a closing payment would not be wise given that I could require further treatment down the track.
    • After lengthy discussions with my case manager, it was decided that my case be closed, and if the problem returned, get in contact with CGU to have the case reopened.
    • I contacted my case manager on 23.09.2013 telling her I was having issues with my back again. Her advise was to go and see my GP. To Be honest, I can not remember the outcome of this. I will follow it up with my GP
    • I contacted my case manager again on 13.08.2014 but by this stage, she had left CGU, so I did not get a response to my email. I called CGU to discuss this and was referred to another case manager. As requested I went to see my GP and got a medical Certificate and sent it to him on 15.08.2014
    • On 03.09.2014 I had scheduled an appointment to see my specialist. CGU had told me at this point, that CGU are not liable to pay any costs for this, nor are they liable to pay for any medical appointments like physio, GP, Therapy etc.
    • My specialist recommend I go and get an X-Ray and CYT scan of my back and go back to see him. I am still to get these done but am aiming to have them in the next 2-3 weeks.
    • I was in contact with another CGU representative who has told me I have no cover for my injury and that they will no longer pay for any medical expenses given that the new legislation classifies this as a new injury as it has not required any medical attention for 12 months. I am expecting a letter from CGU this week stating they have no reason to pay for any additional medical costs as a result of the injury sustained on 3.3.10

    I can not comprehend how I can be left here with absolutely nothing I can do. After years of doing everything by the book, satisfying each and every requirement of all parties, returning to work and holding a steady job for the last 4 years, I have been dumped into a situation that neither I or my family can afford.

    I was hoping to maybe get some feedback from someone who new they were going to require surgery in the future, but now are left to cover all expenses due to the introduction of this unjust, blanket legislation.

    Any information that you can provide is going to be hugely appreciated.

    1. Hector

      Joel,
      My recommendation to you is very simple, as a matter of urgency you need to get yourself a solicitor , what the insurance company is telling is not 100% correct, but you do need legal representation to reinstate your rights back.
      One thing I must point out, the bigger the law firm is doesn’t always mean they are the best, get yourself a solicitor that fights for the injured worker

      1. Complainers of the world make a difference

        I am pretty sure there is something in the legislation that accounts for spontaneous reemergence of symptoms from an existing injury and something regarding further surgery. The new legislation cuts off treatment 12 months after you come off weekly payments which is your issue. You must make a new claim for your injury and put it is exacerbation of the existing injury that has never gone away. If you have all your records of treatment you can prove your injury never resolved and that you have just been managing it yourself you can show the link with the original injury. It is very complex as at the moment you may be under 15% WPI but if you have the fusion you will be over and possibly able to have a lump sum as well as a WID claim. It is really, really important that you maintain the link to the original injury as if you don’t there is something called the chain of causation. If the insurer can show a break in the chain of causation ie one injury has resolved and you then have another accident causing a new injury the assessor can deduct the first injury from the percentage of impairment but if it is just a deterioration or spontaneous emergence of symptoms or exacerbation of the original injury they can’t make a deduction. This is a legal point so you need legal advice. You should ring WorkCover on 131050 and ask about this. Also ring WIRO to ask about legal funding as this is now much more difficult and complex. You can also have a solicitor to do an application for such funding. If you do fill out a new claim form make it very clear you have had ongoing problems from the original injury. I would get the legal advice first if you can because a case like yours is a complex interpretation of the law. Ring WorkCover and WIRO ASAP to clarify what I have said above.
        Good luck!!

  35. Jason

    I was assigned a Rehab Manager shortly after sustaining my injury. The Insurer has now insisted that I participate in a strength program. I had a consultation with the organisation that delivers the strength program and present was a Physiotherapist and another Rehab Manager (separate from the Rehab Manager that was originally assigned).

    So it appears as though I now have two Rehab Managers-and both are particularly eager to have “conferences” with myself and my NTD.

    Any ideas why the Insurer would assign two Rehab Managers?
    Can I legally refuse to liaise with two or is it mandatory to liaise with numerous Rehab Managers?

    Cheers

    1. Rowan

      You have the right to choose your own rehab provider in NSW. I suggest you take up that and find another rehab provider.

    2. Hector

      Jason,
      Is neither the insurance company or a rehab provider to direct you or refered you for any kind of treatment , the only one that can refered you for any sort of treatment is your treating doctor.
      I would recommend to you that you do not agree or attend any treatment prior to consulting your treating doctor first and your solicitor secondly.
      In most instances insurance companies only do or get the injured worker to do certain things that are only beneficial to the insurance companies.
      It is a sad statement for me to say that the whole aim of insurance companies is not to get the injured worker better but their whole aim is to deny as much as possible of the claim so they make more profit at the expensed of the injured person.

      1. Jason

        Thanks for the advice. Much appreciated as always. The Insurer accepted provisional liability. I have been advised that they must either accept or deny full liability within 12 weeks?

        Cheers,

        Jason

  36. Carl

    Im on the Central Coast and the bloke who i trusted who worked for my injury management provider as i got informed this afternoon has left the company as off today.
    Does anyone recommend a honest reliable and trustworthy injury management provider around the central coast that you can trust and does not work for the or listen to everything the insurance company says and wants and is there for the injured worker??
    Any help would be appreciated as i have been told not to trust the the lady whom now I have been put under at the injury provider i am currently with. And was taken to the cleaners etc with my last rehab provider that the insurance company appointed.
    Cheers

    1. R.K.

      Hi Carl,
      All injury management providers (Voc Rehab Providers) work in collaboration with the insurance companies even if they say that they are worker friendly. I’m in Perth and I have experienced this first hand. My Voc rehab provider set me up to have a recurrence of my injuries by failing to conduct a worksite assessment of the rehabilitation role I was put in. That gave my former employer (a well known national private hospital) the license to kick me to the curb. If that wasn’t bad enough, my former employer then coached two of their staff members to commit perjury so that my payments ceased. Police refuse to investigate the perjury offence in this state if it was perpetrated in WorkCover Arbitration, therefore, these criminals never get punished in this state. My former employer is self insured – what that means is that they will do whatever it takes to avoid paying any entitlements, including falsifying documents and intimidating witnesses. There is no-one who can help an injured worker get justice. All lawyers are corrupt and dishonest – do not trust them. Don’t be afraid of asking questions of your injury management provider if you feel something’s not right. Be wary of everyone – they’re all looking to make a quick buck at your expense. Good luck,

    2. Hector

      Hi Carl,
      Your old rehab provider is currently working for another company.
      Like you many of his ex clients want him to continou as their rehab provider, I have spoken to Mel and he is happy if you want to get his number from me.
      Maybe Rowan can either put you in touch with me or maybe he can get the number from me and pass it onto you.
      Cheers mate
      Hector

      1. Carl

        Yes please Hector would like to get in contact with Mel. I will give Rowan a call tomorrow cheers mate. But will say one thing the lady that was working with him that has taken me on now has done allot for me as well and got me things i needed she has not done anything wrong by me at this stage. But yes would love to get back in contact with him.

        And R.K I totally understand what you are saying as I put up with my insurers own appointed rehab provider for 13mths not knowing I could choose my own and they were defiantly only there for the insurance company then after i fund out I could choose my own I did this guy I found who was looking after me I could trust i know that he was there for me not the insurance company. But totally know where you are coming from.

  37. Jasminka Sinanovic

    Dr. c******* is widely used by insurances. His reports are usually written before he sees you, and it is usually against the injured workers.
    His reports are never the honest opinion of medical professional.
    If there is a proof of a corrupted IME ,thats Dr. C*******.

    1. Rowan

      Moderators note:
      As part of our comments policy the name of the Doctor has been removed. I apologise for this but we need to ensure we comply with our policy (in this case legal).
      If you have a concern about a IME please fill out our IME feedback form found in the IME section. Here you can use their names because we aren’t releasing this publicly.
      If you wish to complain about a Dr you could also go to the Health Care Complaints Commission (http://www.hccc.nsw.gov.au/ Phone: 1800 043 159)

  38. council worker

    hi everyone, another update on the latest progress on my injuries, I recently had a ct and mri scan with die injected into my shoulder, its called an arthrogram, as per usual the dr couldn’t do it from the front and must have been jabbed 4-5 times before he said he would have to go in from the back, had the tests done and the films were given to me, I asked for a copy of the report to be sent to my email address,which did turn up, now due to the ongoing dispute and delay in my cervical surgery which I had in oct and had to borrow to fund it,which is now 22 months since the re tear , the rotator cuff had retracted nearly 5 cms, I have early stages of osteoporosis in the shoulder joint,loss of cartlidge in 2 areas over the shoulder ,tendonitis in 2 other areas of tendons and a spur, if this had of been done when it was first re torn by a physiotherapist, with my cspine surgery done straight away then the shoulder it would not have been this bad, but they disputed it and has put me in a position now where it may not be able to be re attatched, these insurance co s are so negligent in not giving us the appropriate treatments asap that are recommended to us by specialists, my life now is just full of pain, I cannot work, or sleep or even try to do anything,as it create,s so much pain, the employer and qbe have destroyed my life, all I can hope for now is I see the orthopaedic surgeon again in dec, and if there is nothing he can do, as any surgery may make my neck pain worse again, the rest of my life will be a living hell.

  39. Charles

    Hi Rowan

    Thanks for the assistance and advice you have provided over the phone.
    It is greatly appreciated.
    Your support was welcomed.

    All the best

    Charles

  40. Roy Farmer,

    To all who is interested in justice !
    I have just been speaking to work cover & all i got was the issue was placed back on me to sort out the problem period ! I don’t know what these people do all day to justify their position but one thing is certain they don’t help the worker period ! I finished up hanging up on this guy !

    1. Complainers of the world make a difference

      Did you speak with someone at claims assistance, after ringing 131050? WorkCover now have a proper complaints system. Go on the website and make a direct complaint re the lack of support. WorkCover are attempting to improve customer service. Hope you got the name of the person you spoke with. Make your complaint and ring again and ask for the manager of claims assistance. Tell them you require the correct information and supportive assistance and that you will be going to WIRO if they will not help you.
      Remember WorkCover is a government organization paid by tax payer money so they work for you. They are there to serve the public and must meet customer service standards. Nothing like a reminder such as “I would like to speak to your supervisor about your lack of assistance! Please provide me with their details or please put them on the phone.”
      Also remember to maintain your own composure so they have no excuse to deny you access to the help you require.

      1. Isobell A

        I tried sending this as an email to IWSN but failed each time I tried. Decided to copy and paste here so as to receive some tips and adivice etc. Thanks. God Bless and all open a way for all of us I pray.

        Any advice is most welcome.

        No fair go for Injured Workers….so many stories of pain and sufferring and yet Human Right violation in all of these is disregarded.

        I NO LONGER AM SEEKING A SETTLEMENT OF MONITORY NATURE. I AM AFTER MY HUMAN RIGHT AND JUSTICE AND THUS HOPE IT WILL BECOME A VICTORY PATH FOR OTHER INJURED WORKERS. I had my day at the WC Court. Was put on the Stand. Won the case. Was pleased with the outcome etc. But what bcame a shock to my system is what followed in the form of discrimination, bullying, intimidation etc by my ex-Employer’s self-insured WC Insurer. All of these continues until this day. Did not know where to start but speaking to Rowan Kernebone sometime ago on phone. He suggested I try calling WIRO first. I did. They emailed me a List of Solicitors I could call to see if I had a case. Since my phone gets directed or routed to where WC Insurer chooses, those who seem to clain to be Solictor, even before I can share my story, advised they are not interested. The Law Firm who had taken my case twice, earlier, advised, I contact, WorkCover NSW. I have already done that in the past, and was advised upon their investigation, my ex-Employer ANZ Bank has assured them, that they no longer are involved in my Medical Treatment and all other areas they use to be involved before Court Settlement. Until this day, I still wonder, did WorkCover NSW write that letter, or did WC Insurer/Associates etc WC Ins has interfered with my mail/intercepted my mail. I had received responses from Fed Mem Office, and other Ministers, and the responses tell me what I always suspected regarding my Official Confidential mails.

        Rowan suggested, secondly, I see a Psychologist, and that I have plans to do so early next year. Can someone tell me, how much of these that I have written here, can I share with my Psychologist. I have proof for all the allegation I make here..There is lot more that be a shock to them who have patience to hear me out.

        I went through my initial court settlement in 2002, after it was established in 1998 that I was injured at workplace. When justice was handed out in the Court. I considered it a fair settlement. But what followed led me to believe, the WC Insurers wheel power that seem to over ride all other authorities, including Government Authorities. For nothing much changed after I received all the benefits awarded by the Court of Law. Intimidation, bullying continued. Making claims for expenses incurred for travel to doctors, weekly wages etc that were part of the benefits awarded. Each time I put in for my claims, for benefits awarded in the Court, like taxi travel to doctors, wages, approval for medical treatment related to work injury, became an opportunity to be used by my my ex-Employer’s self-insured WC Insurer to ‘Psychologically Rape” (I coined this terminology, not sure if someone else already done it) me repeatedly. Then one day, letter in the mail from WC Insurer arrived advising appointment to visit one of their (many description for such doctors on your Website and Forum and in the shared stories of the Injured Workers) doctors. I had no hesitation to do it. It so happened that at this stage my medical condition had deteriorated to a degree, carrying air filled, back and neck support and my Jackets CONTINUOUSLY etc., became an issue, as they weighed me down with pain. Due to lack of appropriate medical trSeatment, in a timely maner had led to wasting and disability already. At this stage I had not been diagnosed by any doctors for Chronic Neuropathic and Musculoskeletal Pain and thus was not on medication to cope with this type of pain. Red Tape on medical treatment almost caused me my marriage and already affected my relationship with some. Fatigue Syndrome became an issue in 2003 onwards. It never was diagnosed and thus no medication to cope. It was in 2004, I privately saw a doctor who diagnosed the condition. Through recommendation of a friend/who happens to be a Catholic Priest, I got to know a doctor in Brisbane. With referral from my GP, I flew to Brisbane. Made couple of visits. Here was a doctor who was so wanting and willing to help me. He prescribed medication and trusted me and allowed me to work at my pace, until I was cured off Chronic Fatigue Syndrome. Coming back to WC Insurer’s Doctor’s Report…it resulted in all of the benefits awarded in the WC Court cancelled. This happened in 2003. . Allowing the medical deterioration for another couple of years before this very good Law Company PK SImpson, that initially won the case for me, took on the case the second time round in 2005. This time to WorkCover NSW for settlement through arbitration. That went well. BUT again continued the Human Right violation, intimidation and bullying (when I call upon services I pay for, for instance Trades People, Subsidised Taxi etc. The Deed I signed at WorkCover NSW advised that there will be no interference from WC Insurer effective, date Deed of ARelease was signed by both parties. BUT again, all tell-tail signs are there, WC Insure or their associates are continuing with interference in almost in every espect of my life. EVERSINCE MY HUSBAND PASSED AWAY IN 2011, THERE ARE VERY CLEAR INDICATIONS, WORKERS COMPENSATION INSURER OR THEIR ASSOCIATES HAVE SELF-APPOINTED THEMSELVES AS MY POWER OF ATTORNEY. I FEEL REAL FEAR AND AM DEEPLY CONCERNED THEY WILL BE GOING FOR MY PROPERTY. They have already made attempts to recoup some of their money paid out to me as settlement. I approached Administrative Appeals Tribunal to win one of such case against Centrelink (whom WC Ins had used this time to do their job for them). I am too old, exhausted to take them on on my own. Cyber Crime committed against Injured Workers, robbing them of their privacy and thereatening their efforts to seek justice etc? How is such crimes being permitted. Being housebound many Injured Workers like me find some solace being able to speak to friends etc on the phone. Like my phone, I am sure many have their phones tapped like that of mine.They know my likes and dislikes, my friends and family and relationship levels. They know what is going on…all that is suppose to be private and confidential, My life is an open book to them. They know what I am typing right now.

        I am punished by Community Services. They would cancel service or take me off their System if I queried or questioned about any wrongdoing. One such example I will share with you. I have been accessing Community Transport for many years now. It has become the norm for WC Insurer and their Associates/Case Managers etc to send in their representatives/workers contracted etc and create trouble for Injured Workers. One such incident happened, when a Community Transport Driver, yelled and me (very intimidating and embarrassing because there were others in the backseat who witnessed. When I reported it to the Manager over the phone, I got yelled at. I wrote in in detail all that had happened and requested an investication. I just exercised my rights as Member of the society. Punishment was harsh. When I next called to book transport, I got told I have been taken off their System. After I chased for a response, I had a very harsh letter stating number of conditions if I need to access their Transport Service. There was no result of investigation on Complaint. None what so ever. Another call I made, got me response, where I was yelled at and threatened that I would be referred to the Mental Health Dept of Canterbury Hospital. I contacted the Office of the NSW Ombudsman. Finally, a green light for me to attend a meeting at the premises of Community Transport Office, with condition, I am not allowed to question them on the investigation to my complaint. The two questions I was permitted to ask were, 1/ Who authorised my name to be taken off their System?. Policy dictates, that when clients write in a complaint, they had no right to take us off the system. 2/ Who referred me to the Mental Health Dept of the Local Hospital? I had an Indipendent Advocate accompany me to this Meeting. For the hours we were at the Meeting, one claiming to be the Manager, refused to provide answers to both questions. I pointed out to here, I had to forgo my right to investigation on my original written complaint. I had sought permission from the Office of NSW Ombudsman[s Dept to ask these two questions and that if she chose not to answer we had wasted all our time (I had all the time in the world, it would be waste of her time as a Manager of such a large organisation). The meeting consisted of lot of yelling both ways. I was shocked that normal protocall for a meeting was not followed. I was in alot of pain and it did not take much to turn me on. Towards the very end of the meeting, upon me reminding constantly that I deserve to know answers to these question, as a member of the community, the Manager responded to the first question, saying, that my Name was not taken off the system at all. I then pointed out to her that it is very cruel to lie so as to hurt and cause emotional pain, which is not very helpful for Chronic Pain Sufferers and for the all other clients who utilise this service the NSW Government so kindly provides. 2/ As for the second question as to who it was that referred me to the Mental Health Dept of Canterbury Hospital (I received a call advising me they had received a referral), the Manager refused to answer, and I continued to push for an answer. She refused to verbalise the name, She took out a letter from my file, and pointed to a name of a signatory in the letter. I decided to wait for my copy of the Minutes of the Meeting and then to follow-up on that matter. The letter carried a name from the Office of the Local Memebr of the Parliament. I never received a copy of the Minutes of the Meeting. I have made numerous calls requesting for a copy but in vain. The Indipendent Advocate advised me she hasn’t received a copy either. I find that hard to believe. I AM WAITING??? Sounds good for an intermission of a movie!!

        Any advise, tips etc is most welcome. There is no vengeance, no grudge, no hatred, no negative feeling, but frustration, healthy anger at times as I am only human. During pain, all sort of emotions come into play. I want this nightmare to stop. I believe the door will open in God’s time. And His time is perfect. I am waiting for such a time.

        1. Greg

          i read yr post Isobel and just wanted to know I understand and feel for you. I don’t know what advice to give u but saw no one had responded and wanted you to know I care and feel your pain. I think the end of yr post is uplifting . Feelings of bitterness and resentment are when the evil in the system triumphs. God will provide you with a way through the morass. Tolstoy’s writings as a Christian I have found a great blessing and joy and have helped me understand Christ’s teachings in similar struggles . In faith and without vengeance which you don’t have pray for resolution and miracles will come. God bless you
          G

        2. Complainers of the world make a difference

          Hi Isobel,
          I think I have seen your story somewhere before. Did you put something on the facebook page?
          Just want to give you some advice. No-one can self appoint themselves as someone else’s Power of Attorney. You would have to do that yourself and your solicitor would have to draw up the paperwork for you and the person you have chosen, to sign.
          If you have signed a Deed of Release you would most likely have a confidentiality clause that prevents you telling anyone the terms of settlement so be careful about what you say or the ex-employer may take legal action against you. Once you have signed a Deed of Release your employer has no responsibility what- so -ever for your injuries and neither does WorkCover. You are also not able to get Centrelink for a certain period after settlement depending on how much you were awarded. This means you cannot access Centrelink services either. Community services such as disability services are precluded for a period after a settlement because you are meant to pay for these yourself with your settlement money. If your transport was supplied because of your disability this may have ceased after your settlement and you will have to pay in the same manner as other people who can afford their own medical transport. These transport services are for people with income support from Centrelink. Did they explain that to you? You should have received a letter from Centrelink saying that.
          If you think the ex-employer is harassing you, you must get the evidence of this and take it to the police so you can take out an AVO. If you don’t have any evidence you cannot do this.
          As for your mental health I would highly recommend seeing your GP and getting a referral to a psychiatrist who will discuss the impact of your injuries and the harassment on your mental health. I see a psychiatrist and I find him a great help after everything I went through with my WC. No-one can send you to a mental health unit unless the police are called if you have a breakdown or if you hurt yourself and only then can they take you to a hospital where you would be assessed. Then if a mental health team found you had a mental health illness you would stay in hospital for treatment. I have been in a mental health unit due to my insurer and I got a lot of support and medication to help my anxieties and depression and PTSD. I think it would help you to get such support after all you have been through. Don’t be afraid as we all suffer so much from the stress of being injured, particularly if you are in a lot of pain. Mental health is as important as physical health. Injured workers don’t judge and are the best support because they know much you go through with the process, let alone the injury.
          Good luck and I hope this helps.

  41. Carl

    Still after some advice if anyone has been sent to a IME Internal Medical Examination by there insurer? What can i expect and anything I need to know? Im pretty sure that the medical examiner will be on the insurers side. But any info will be great I have heard that they can be rude which I will not handle to good as I dont take easy to rude people I tend to tell them what i think of them if they are. So any advice would be great.
    Cheers

    1. Hector

      Hi Carl,
      First of all make sure the doctor is on the Workcover approve list of IMEs, secondly what reasons were you given by the insurance company for them to send you for an IME, next is the question of have they send you to an IME for the same reason before because if you have seen an IME before they cannot send you to a different one, there are other questions like how much notice they given you, how far from you is the IME located etc etc.
      You are also entitle to take a support person with you to the appointment, also in theory the IME is technically not allowed to touch you during the assesment.
      My recommendation is not to pump yourself with pain killers or medication prior to attending, try to make it to the appointment in your worst state and not in your best condition , always be polite but don’t do anything he ask you to do if you feel uncomfortable or intimidated.
      I would also suggest that if he asks you or is recording the assesment for his own use you tell him you wish to do the same and audio recorded it on your phone.
      In the Workcover site there is a publication on Guidelines for IME, I would suggest you downloaded it and have a read of it.
      Cheers
      Hector

      1. Carl

        Thanks Hector
        Yeh it is in Newcastle which is about 1 hour or so travel. The insurance company when i rang last week is supposed to getting me a hire car as I cant drive that far or use public transport. But i have not heard back from the insurance company since I rang last week. I wrote down who I spoke to and what was said as well during phone call also I followed up with email to my case manager as well as he was away for 2days last week. I am NOT chasing with them they said they are getting me a hire car if they dont get back to me that is there problem as far as im concerned. But yes thanks will record the session if the Dr records it.
        Thanks for your advice mate.

      2. Carl

        Also to Hector I just got off phone to Workcover NSW apparently for a IME in regards to fitness for work, Physical Capabilities etc they do not have to be approved under workcover they only have to be a certified Doctor/Surgeon..

        1. Complainers of the world make a difference

          If you are being sent to an Independent Medical Examiner for an assessment of permanent impairment they are approved by WorkCover as they must be trained for this particular purpose in line with the WorkCover Guides for the Evaluation of Permanent Impairment. An IME should be qualified and have expertise in the area of your injury. The other type medical examiner employed by the insurer is called an Injury Management Consultant (IMC).
          You may be sent to an IMC if it is in regard to work capacity for return to work options. The roles of an IME and an IMC are very different and they are covered under different guidelines. Get onto your insurer and ask if you are being sent to an IME or an IMC. This is important so you can establish which guidelines apply.

          Injury management consultant guides are on the WorkCover website as follows-
          http://www.workcover.nsw.gov.au/formspublications/publications/Documents/guidelines-on-injury-management-consultants-WC03896.pdf

          If it is an IME you need to ask your insurer why the information from your treating doctor/specilist is inadequate, inconsistent or unavailable as they can only send you to an IME if they can’t get this information from your treating doctors.This is a pre-condition to an IME and should be written by the insurer on the Notification to Worker they are required to send to you. If this information is not on your notification under the IME Guidelines you can object to going to the IME as there must be a reasonable attempt to get such information directly from your treating practitioners and only when the treating practitioners fail to give this information is there a requirement for an IME. Like Hector said, you need to read the IME guidelines that state as follows-

          “Part 1 sets out the mandatory obligations (pursuant to section 119 (4) of the 1998 Act for employers/insurers when they require a worker to attend an independent medical examination.
          Referral for an independent medical examination is appropriate when information from the treating medical practitioner(s) is inadequate, unavailable or inconsistent and where the referrer has been unable to resolve the issues related to the problem directly with the practitioners…”
          “Definition of Independent Medical Examination
          Independent medical examination means an impartial assessment based on the best available evidence that is requested by a worker, a worker’s solicitor or employer/insurer and undertaken by an appropriately qualified and experienced medical practitioner (who is not in a treating relationship with the worker) for the purposes of providing information to assist with workers compensation injury and claims management. ”

          IME reports can comment on the type and need for treatment as well as fitness and suitability for work but as this is not considered injury management information IME reports cannot be provided to the employer directly, only to the insurer. IMC reports are for the management of workplace return to work issues and the IMC cannot comment on the type or need for treatment.
          It sounds like they are doing this for work capacity so read the IME guides and you can make an objection (as per the guidelines) if they are sending you half way across the country to see one of their “preferred” IMEs. Find a specialist close to your home and ask the insurer to refer you to them also stating, as the examination is meant to be an independent one then it won’t matter who examines you. Refuse to go on the grounds they are using someone who is ‘preferred” if they won’t let you change to a nearby specialist. Tell them you expect the report to be biased if they are using the same IME repeatedly. Ask your case manage via email how often they are using the IME and how were they chosen. It is all set out in the IME guides- http://www.workcover.nsw.gov.au/formspublications/publications/Documents/independent-medical-examinations-reports-guidelines-3740.pdf
          Good luck.

          1. Carl

            Thank you very much for this info will be following this up you have been very helpful. In the insurance company letter it just states im being sent to an independent medical specialist for further opinion on the diagnosis, treatment and or prognosis of my injury. And the letter went on wiith questions they wanted answered by the reviewing doctor/surgeon and they included a workcover broucher about IME.

  42. Paul

    I need advice – In Febuary 2013 i went off sick from work with a slipped disc (L5/S1), With this i was off work 3 months. To comply with my sickness procedure i was provided 5 sick notes to cover this and was reffered to my occupational health dept for a chat !! after this it was decided once my sick note was finished i would return to work on part time hours for two weeks.

    Two weeks ago i had a relapse and spent the whole of the following week laid up, i attended my GP and i was given some new tablets etc !!

    I have since returned to work and had a desk assesment, it has been decided that i need a more sutable chair with a back pump etc !! I have just found out that this has been refused and i need to provide proof that i have a back problem although i have had occupational health reports and sick notes to prove this.

    Where do i stand ??

    1. Merlo

      Hi Paul,
      Find yourself a good lawyer. Don’t let whoever overpower you. It will be hard mentally but stick with it. Know your rights. The lawyer will tell you one thing and work or whoever will try and tell you another. This is a recurrence injury from your injury in 2013. If work want pay for the chair, the insurance company should at least. Good luck, keep strong.

    2. Janice

      Excuse me butting in.Paul you hurt your back at work so should have filled in a incident/accident form.By rights you should have a case worker and she or he should be able to get a ergo-chair.You have certificates from your Dr stating you have a back injury so you should be on workers comp .With a back injury you should have been sent for scans as soon as you felt that first twinge. If its a recuurrence injury you will need a good lawyer Work will say its your old injury playing up.Good luck with whatever you decide to do.

  43. Pete

    Hi late last year l had an accident at work in which l broke both of my legs, in this time my insurance company has made my life a living hell as they are always putting my pay in late or not at all which has caused me to fall behind in my rent and also my 4 children are suffering too as l cant put food on the table, l have spoken to workcover about it, but they had no answers for me, any help would be much appriciated..

    1. Rowan

      Deaer Pete,

      Have a chat to WIRO 139476. they may be able to intercede on your behalf with your insurance company.

    2. Carl

      Pete it is the insurance companies job to make your life a living hell and try to piss you off as much as they can. Some reasons behind this as I have found out by an insider is to when it comes to settlement you will take whatever they offer to you cause you will be so pissed off with them and don’t want to fight them any longer. Also they automatically reject about 60-70% off claims with that 20-40% don’t fight them again through the courts. It is ok for the insurance companies to not pay you miss etc but if you forget to submit paper work etc you will be issued with a breach notice but if they forget etc they get away with it there is only one side and that is the insurance companies side they dont issued breach notices etc saying your payment being suspended etc. DONT let them win mate fight them all the way.

    3. Hector

      Peter, first up I would highly recommend that you get a solicitor as early as possibly for your claim, secondly Rowan advice is very good re going to WIRO but I would add that if you got access to the net I would lodge the complaint with WIRO in writing via email so you got a record because I am willing to bet the harrasment and denial of things on your claim won’t stop and by having things in writting you will establish a record over time of the way you are being treated by the insurance company and it might benefit you to have such history in the future.
      Take care , all the best and remember others have suffered what you are going through before and always use their experience by asking questions here so you don’t have to put up with things by using everyone else experience and solutions.

    4. Roy Farmer,

      Hello my friend ,
      I spoke to work cover today & got the same Response ! At the end of the day no one gives a s*** in these departments period ! The doctors the lawyers the commission the Insurers ! All the Bloody lot all creaming of the system & riding on the backs of the poor injured workers misfortune period ! “Shame on this society ” And all for the sake of the almighty Dollar !

  44. mark

    hi guys, want to ask a question about work cover I’ve had my operation approved but today my Case manager,
    rang me today said I now have to go see another docter again this 3rd one there sending me to 2 before it got approved and now have to do the same shit I cant see any reason on this they approved this and seems to me tht there just wasting my time can they keep doing this or can they stop my operation for happening nw even if its been approved?

    1. sharon

      Hi Mark if the insurance company agreed to your operation they cannot send you too another doctor. Get a lawyer to get conciliation going ASAP, if this ends up going to court the courts will fine the company and you will get your much needed op. Ask the insurance company what the hell they think they are doing and threaten them with legal action if not contact your local member of parliament and get them involved it will help you. GOOD LUCK

  45. Carl

    Hi, What are the pros and cons in being sent to an IME by insurer. What things should I know? Also what are the laws of being followed by insurance Private investigators and constantly driving past your house and filming you etc?

  46. john

    i worked for 31 year for the same company, i was making 100k year two years ago, i went to ER wit a major anxiety and mental disorder, i also suffer from back pain, my dr, put me off work since sept. 25 2012, the employer kept paying me full salary until october 20 2012 until i ask them what is going on / They told me that they were thinking it was going to be a short term, i ask them why is not a workers comp? it happen at work and you took me to the hospital, than they start to ask me questions, well i was in bad shape with my mental illness and my family was very worried about me , all alone i was seeing my dr which he refer a pshychiatrist to work with me , meanwhile company open a sdi and std claims so i could get paid, after twelve months i was aprove for LTD benefits,may of 2013 i file for a workers claim , on feb 2014 mr dr told me that he could not give me more time off note due to health carrier policy, i told my company and they ask me in order for me to go back to work i need a note from my dr, well my dr. give restrictions for 4 hours of work , from home, company refuse it and terminate me , they offer me a severance package, which after spending time and frustrations i signed, .

    I already had first deposition and an offer from w/c but I denied, i also have a second deposition schedule for end of the month for mental.

    i have two questions ;

    1– can an employee be legal terminated while he/se is on disability.
    2– since ltd stop paying benefits after 24 months ( for mental) now my physical injury is for a review. who can i ask to help paying benefits.
    any help will be appreciated.

    1. Merlo

      Hi John and M1ke
      Its amazing just what we don’t know or get told going through work comp. I’m not sure why an employer feels like they do when we hurt ourself. Its like we have done something wrong. If the injury was at home people would take an interest and go out of there way to do anything for you. At work…. forget it. It was the last thing that I wanted to do go on work compensation. Its been years on and off and it hasn’t got any better. If anything its gotten worse. I must say hopefully i can see a light, but its been a long and hard road.
      The employers ( and all the others) try hard to get you back to full time work, they forget to help you and say to you if you can only work a few days don’t worry, there is such a thing as make up pay.
      Keep your head up high, be strong, say what you want ( I know all these things are hard when feeling stressed and want it all to end) and find a good solicitor. Just for some advise it will amaze you what you get told. If you have a good case which I’m sure you both do WIRO pays the solicitors fees

  47. M1ke

    My workplace case manager is insisting to tranfer me to another area for suitable duties that will take me almost 2 hours driving in peak hour. When I told my case manager that I cannot drive that far due to back problems which is nothing to do with my accepted psychological claim, the case manager started to ask me medical questions about my back problems during a RTW meeting infront of my line manager asking detailed questions about my back injury like an investigations type also asking me to sign a medical release form which I refused so they can get information about my back that is not related to my comp claim. Then she sends me a letter to forward to my back Dr. About 10 questions about my back. Can they do that?

    1. Hector Viapiana

      M1ke, is neither your case manager to organise or tell you where and what job you are to do, your employer and not your case manager is responsible to supply you with suitable duties , which must represent as close as possible your duties, they cannot force you to do meaning less or demeaning duties, also they cannot supply you with suitables duties 100 or 70 or 50 km away from your normal place of employment.
      My suggestion to you is to discuss your driving issues with your own doctor and ask him to place a driving ristriction in the next capacity certificate he issues, that will put an end to them trying to shift your employment location.
      Regarding the letter your claim manager mailed to you for you to forward to your doctor I would in a very polite way be telling the case manager that it is the job and duty of a case manager to liaise with the injured person treating doctor and they are failing in their duties by subcontracting you as their personal courier.
      You should never get involved in discussing medical issues with your case manager or line manager or anyone else, you are not qualified to express and opinion or supply a running commentary on any medical issue, that’s the reason why it is the job of the case manager and/or the RTW person to liaise with your treating doctor or any other health care worker involved in your case to supply a comment or report on any issue to do with your injury or treatment or prognosis.
      Also nobody has a right to access any medical files not related to your injury, if anyone wishes to access those files they should apply to a court for a summons to your doctor to present those files.
      Please remember always be polite when your deal with your case or RTW manager, if they still insist in making an issue of their demands do not argue with them simple lodge a complaint in writing with WIRO and let them deal with the insurance company.
      Whilst insurance companies do not really care about complaints lodge with Workcover they do care about complaints lodge with WIRO as they get a financial penalty if due to a complaint their decision or request gets overturned by WIRO.
      Please note that whilst the advice I am giving is only born out of long and hard experience in dealing with insurance companies for a while, best advice I can give you is have a solicitor and check with them on any dealings you have with the insurance company.
      Hope I was helpfull in a small way, never give up the fight and stay safe.

      1. john

        A Case Manager can ask the injured worker permission to ask their NTD for medical case notes, whether it relates to the current work injury or not. Sometimes an underlying health issue could cause the injured workers current issue. Eg. soft tissue injury to the lower back, an underlying issue could be causing back pain.

  48. shaun

    I really need advice on my workers compensation claim…I have sustained a spinal injury to my neck and destroyed three discs..i have full support of my gp and neuro surgeon saying I need an operation or things will never improve..The risks are to high for me to have the surgery as I have small children and paralasis is a factor of the operation.. workers comp have been paying me for the last 27 months and my doctors are still saying im not fit for work..But the workers comp doctor has said he thinks I can work in some degree so the compensation are saying I can work..Im a carpenter by trade and have been told even with a sucsessful operation I would be unlikely to be able to return to my trade
    . So does that give the workers comp a right to over rule my treating specialist and gp and force me to retrain in a mundain job….Any help would be great thankyou..

    1. Hector Viapiana

      Shaun,
      Your insurance company most likely will do a Work Capacity assesment ( that will also depend on what percentage Whole Person Impearment you have been deem to have) , the whole process of the WCA has rules and guidelines that must be followed.Your doctor , your rehab provider and yourself also have an input into the assesment as well as you have to right to appeal their decision during all the steps.
      First right to appeal is to ask for an internal review by the insurance company with any aspect of the decision that you think or it is unfair. If you fail that appeal then you can ask for a Merit Review of the assesment by WorkCover and present your objections to them, if you fail that appeal then you have the right to appeal to WIRO ( Workcover independent review office) and one final appeal if you fail the WIRO appeal is to the Supreme Court ( so far no one has appeal to the Supreme Court cause of the cost involved)
      Keep mind you are not allowed to use a lawyer to help you unless the lawyer does it for free but you are allowed to have someone that’s savvy with the WorkCover laws assist you in your applications.
      Whilst it is a bit tricky is not impossible, I have done objections for 5 injured workers and all of them had the WCA decision overturned.
      If you have further questions I am more than happy to point you in the right direction.
      Don’t stress about and good luck with it.
      Cheers
      Hector

      1. john

        A first response with a Rehabilitation Provider should have been organized by the Insurer. The Rehab Provider will conduct a workplace assessment AND a medical case conference with your NTD, specialist and yourself.

    2. Complainers of the world make a difference

      Who was the doctor who said someone with three cervical discs should be out working as a carpenter? Show the report to your your NTD and surgeon and ask for their opinion on how that might place you at risk. You will need that medical opinion because it won’t be long before they say you are not working at capacity and you will be off workers comp. If they make a work capacity decision you can only fight it with medical treatment evidence from your surgeon and NTD pointing out the risk of further injury or spinal cord damage and get them to point out how your medications effect your ability to be safe in your workplace.
      Make a complaint to WorkCover if the report from the IME indicates any opinions that may result in placing you at risk. You can also make a complaint to the insurer if the report is not accurate. Write to your case manager and ask if they will be taking responsibility for any further injury that may occur due to their recommendations.

  49. Dee

    Hi, I received an Notice of Commencement of Weekly Compensation Provisional Liability Payments from the worplace insurer today. My Pre Injury Average Weekly Earnings (PIAWE) has been determined at $164.35 per week. This will be paid for 12 weeks. My ACTUAL average weekly earnings are $758.25 before tax. This is just another example of the workplace bullying tactics, whatever they can do to frustrate workers, then they do it.
    I am target no. 5 this year as the others have had to resign due to similar things. I will need to notify the Insurer but it looks like statement time is going to be a massive lie fest if its starting out like this.
    Who and how do I make anyone accountable, in the event anyone does care? Thanks

    1. Complainers of the world make a difference

      Get onto WorkCover 13 10 50 to ask them to contact your insurer to see what is going on. There are plenty of lies to be told yet!! Make sure you have all your payslips to provide the insurer. Good luck!!

      1. Hector Viapiana

        Without trying to step on your toes Workcover has virtually no power, I would recommend to lodge a complaint with WIRO, not everyone is awear that there are no penalties when a complaint is lodge with Workcover but there is a fine to the insurance company when a complaint is lodge with WIRO.
        I am affraid that I find not enough injured workers lodge a complaint for every thing illegal insurance companies do, they are not accountable or financially penalised like injured workers are.
        We have a higher chance of having Santa fix Workcover than any politician of whatever political persuasion.
        An old technician told meany years ago when I started my apprentinship ” the squeeky door get the oil” , we should all be heard more the only way we can, don’t accept injustance from the insurance companies.

        1. Complainers of the world make a difference

          Hi Hector,
          Thanks for your good work in helping people through this system. We have also been able to get through the system by making complaints to WorkCover as well as the insurer. WorkCover do have the power to prosecute fraud in the workers comp system and that is what we are trying to focus on regarding the actions of insurers and preferred IMEs. WorkCover were very helpful to both me and my husband and asked us to continue with any complaints to them. They can refuse to support re-approval of IMEs, IMCs and IPCs if there enough complaints. People don’t understand these assessors can only continue to do crook assessments if they maintain their WorkCover approval. Without complaints to WorkCover about the behaviour of these people there is no evidence to stop their approval to do the work. If every single worker sent a complaint about any assessor who did the wrong thing then WorkCover have the evidence of what we are all saying.

          WIRO is reviewing WorkCover and as far as I can see has no power to prosecute or to fine anyone. If you sent a complaint it first must go to WorkCover and the insurer. If you get no action then make the complaint to WIRO that WorkCover or the insurer have not done their job. WIRO is required to make a report to the Parliament on how WorkCover is managing the system.
          There have been no complaints to WIRO reported regarding the misbehavior of IMEs and WIRO has no power to do anything about them only to make recommendations about how WorkCover can do a better job in managing them.
          You are right in regard to Work Capacity as it is WIRO’s job to review how WorkCover and the insurer have handled the procedures rather than to review the merits of the case. A case can only go to the Supreme Court if there are procedural failures by those involved. WIRO has the role of ensuring the insurer follows the correct procedures so if the insurer continues breaching the procedures it is not inconceivable that the WIRO takes the insurer to the Supreme Court. The only thing is I don’t think WIRO has the funding to do so.
          All very difficult when no injured worker has the funding to pursue court action. The trouble really lies in the fact the Legislation itself which was intended as “beneficial legislation” that in reality has stripped legal rights of workers to challenge Work Capacity decisions based on evidence that may be be false and misleading.

          Thank goodness for people like Hector who are willing to help out other injured workers trying to find their way in a very dark system. The work capacity legislation is like putting out an injured workers eyes and asking them to find their way through a maze on the edge of a cliff!! All injured workers need a helping hand to find their way.

    2. john

      The Employer completes the PIAWE form ask the Insurer for a copy for the PIAWE form the employer completed as your gross earnings, hourly rate and hours worked per week,
      The PIAWE is calculated at 95% of you gross earning per week, if you are doing any suitable duties ( reduced hours) this will also play a part in the amount of Workers comp you will receive. or maybe the employer completed the PIAWE form incorrectly

  50. Complainers of the world make a difference

    Hi Jason,
    They usually don’t have any access to medical records from before your claim but you will have told them on your claim form if you had any existing injuries and they will also ask you in any assessment.

    The insurer can subpoena your medical records if it is a WID court case but as far as I know will not go that far normally as Workers Compensation is provisional liabilty which means they have to pay your claim unless they find information that is contrary to the conclusion your employment was the main contribution to your injury.

    The assessor is able to make a determination if there is a pre-existing injury that has to be deducted but that is all down the track. Just make sure your injuries are all linked as the causal chain shows-ie same body part injured and exacerbated by different incidents.
    If say your arm was affected because of the way you have to sit or do your work due to your back injury that can also be accepted as a result of the original injury or if say you hurt your neck along with the original back injury but have not notified of it because it was not that bad but it has now deteriorated causing pain into the arm you might also have that as part of the same claim.
    It gets very complex which is the reason workplace injuries need to be recorded very accurately and reported when they happen and each time you have any symptoms you need to go to the doctor to have it recorded.
    Try to remember the whole history of your injuries and report the whole of this to your NTD and make sure you get an opinion from a spinal specialist particularly if the NTD thinks any arm pain is coming from your neck. He can throw that in as part of the referral as well.
    Good luck with it all.

    1. Jason

      I just received an email from my Case Manager advising that my MRI has been approved. I also received and “amended letter.”

      The first letter stated “Further to the notification of injury sustained by you whilst employed,” however, the amended letter now states “Further to the notification of a lower back strain sustained by you whilst employed.”

      So it appears as though my Case Manager has changed their wording from “injury” to “lower back strain.”

      How can they make such a diagnosis prior to the MRI? And is this change of wording cause of major concern?

      1. Complainers of the world make a difference

        This can be used against you later. I had my employer write something on my claim that was not accurate. I had not even notified the injury to her and had been sent home by another officer who told me he would tell her he had sent me home. I didn’t even know what was in the employer form till I went for WID and found the insurer’s solicitors had sent it to the crooked IME hired gun giving it as my notification when it was not.

        What is the wording your NTD put on your work capacity certificate? If your NTD has not put that then email your case manager and ask her how she diagnosed you when your NTD put what ever is on the certificate. Tell them you want that letter amended to be consistent with the NTD diagnosis as she has no right to alter medical information.

        What did you notify on your report of injury?

        1. Jason

          I also received another email from my Case Manager yesterday afternoon advising the following:
          “A decision on liability must be made by 31.10.2014. Section 274 of the Workplace Injury Management and Workers compensation Act 1998 requires a decision on liability for payment of weekly payments no later than 21 days from when the claim is duly made.”

          I’m having the MRI on Wednesday 15.10.14 and will be seeing my Doctor again on Tuesday 21.10.14. What factors are likely to be considered in regard to determining liability by 31.10.14? And what should I expect, in practical terms, between now and then?

  51. mich

    hi im needing help I injured my arm on 10/09 was receiving weekly payments went to conciliation 2 yrs ago and won had conciliation on 05/03/2014 132 weeks my work cover assist person was not helpful at all and made me feel to take what I can on the way to conciliation he rang and said they have offered u 12 weeks pay I was not in the right frame of mind and over it all as my injury is 100 times worse my mental status is the just as bad and I now have liver and kidney problems due to medication I am sucicidal I have letters and reports from drs and speaclists to state I am signifatly worse since agreeing to the 12 weeks pay and was not in the right frame of mind I knew I made a mistake and when I got home tried to contact my work assist helper who was to ring me back he didn’t the next day I rang again he was on leave so I told another worker the situation I wanted it stopped I made a mistake since then I have written rang sent dr reports as my work capcity has gone from moderate to nothing as well so from the day 05/03/2014 I have done this I just want my wages paid every week or another chance at conciliation I have contacted myn insurer accs and work assit have copys of every thing I received a letter to say I could have conciliation on 18/09/2014 then a week later a letter from ACCS to say no one knew about all these other things until my 12 week pay was up lies lies I have all copys of letters and because a cert. of completion was made on 05/03/2014 I coulkd do nothing I did go for pain and suffering 3yrs ago but only got 4 % but was no where as bad as I am now I have now written to the obsumnman what can I do all I want is another chance at conciliation or my weekly payments restored

    1. Complainers of the world make a difference

      What state are you in Mich? If you are in NSW ring WorkCover 131050 or WIRO 139476 and ask if you can put in a further claim for weekly benefits due to deterioration and additional issues such as your liver damage, You will not be able to claim for any psychological injury lump sum but the psychological matters are impacting on you and if your injury is much worse you may be able to get back on weekly payments due to that because you had work capacity when the 12 weeks was agreed on but now you do not.
      Hope this helps.

  52. Trishac

    Hi Jason , refused any visits to IME, they will ruin you, they are there to laugh you off and mess you up. Just don’t agree to any appointment with them , been there done that.They are there working to get your money and to stop you with any entitlements from insurers.

    1. Rowan

      Unfortunately the law warns us that the insurer can cut off benefits if we refuse.

    2. john

      IME’s are used if the Insurer has no success getting information from the NTD in regards to assisting the injured worker. to understand the extent of the injury and what treatment can be used. Not all NTD’s are above board.

  53. Jason

    I first sustained a back injury at work in 1997 then again in 1999 and 2011.
    Two weeks ago I again suffered a back injury with similar symptoms (tightness, soreness, pain, loss of mobility and pain radiating down my leg).

    At my first consultation I asked my Doctor for an MRI but he refused. Yesterday, however, after much arguing my Doctor reluctantly issued a referral. After issuing the referral my Doctor said: “this will now complicate things for you and me.” I asked my Doctor what he meant but he refused to elaborate.

    In view of the above I have the following questions:
    • What may my Doctor have been referring to when he said: “this will now complicate things for you and me”?
    • Is contacting a Solicitor a good idea?

    And if anyone has any other general advice/suggestions in regard to how I may successfully navigate through my situation please feel free to reply.

    1. Complainers of the world make a difference

      You really need a referral to a spinal specialist who can send you for an MRI him/herself. If this is your GP ie NTD you are talking about he is probably fearful that the insurer will refuse approval for the MRI and before you know it they will have one of their “preferred” IMEs assess you and say there is nothing wrong with you.

      if you were examined by an IME for the insurer now without seeing a specialist you would most likely be assessed at 5% WPI and off the system you will go. You really need a specialist’s opinion of the MRIs and you may require further testing such as diagnostic spinal nerve blocks and cortisone injections to determine which of you discs is giving you problems. Once you have that you will know the extent of your injuries and whether you may need surgery in the future.
      There is also a good chance no solicitor will want to know you until you get all your treatment evidence and future options. They now have to put a case to ILARS (through WIRO office) to get approval for funding and at the moment they might not get it. You usually need the solicitor at the point the insurer denies liability for some aspect of your claim. You could start asking around to see who is a reliable solicitor in WC cases.
      The other thing is that if you have the MRI and you are assessed correctly by the insurer (a scary thing) you might end up with only 10% WPI in any case which means you could also be mucked around and find yourself off the system.
      Just get to the specialist at least to have someone else as well as your NTD providing diagnosis.
      I am not a solicitor but have had a lot of experience in the system but I know you need as much treatment evidence as possible before you face what is to come. Your doctor might just be fearful of the insurance process itself that causes stress for both the injured worker and the doctor.
      If the insurer does send you to an IME for assessment tell them you are going to see a specialist and you don’t want any final assessment till you decide on future treatment options.
      Hope this helps. Provide more information so I can see how far down the track you are. It is also more complex when you have multiple injuries of the same body part.
      Hope this helps.

      1. Jason

        Thanks for the replies-much appreciated. I will be having the MRI this week. So you are saying I must insist that my Doctor issues a referral to a specialist (one of my own choosing) rather than simply rely on my Doctor’s interpretation of the MRI results?

        Can my Doctor refuse to issue a referral for a specialist of my own choosing? Or can the Insurer refuse to approve the referral if my Doctor issues it?

        1. Complainers of the world make a difference

          Yes. You are much better off having a spinal specialist view your MRI as you may need further treatment if there is permanent disc damage. Your NTD should be referring you to a specialist if your back has not improved over a significant time. You can choose your own treating specialist and it would be not reasonable for the insurer not to approve that. As soon as you get the referral to the specialist you can let your case manger know you are going but you do not require pre-approval to see a specialist as long as they have accepted your claim, so if the case manager tells you otherwise, quote the following from the WorkCover Guides page 28, WorkCover Guidelines for
          Claiming Compensation Benefits – under sections section 376 (1) and 260 of the Workplace Injury Management and Workers Compensation Act 1998 and section 60 (2A) of the Workers Compensation Act 1987, dated 27 th September 2012 –
          3.2 Exemptions
          The following treatments are exempt from the requirement for prior insurer
          approval.
          Note: These exemptions only apply where provisional liability for medical
          expenses or liability for a claim has been accepted.
          3.2.1 Nominated treating doctor
          Any consultation with the nominated treating doctor in relation to the
          injury claimed except for consultations for mental health treatment items
          AA905 and AA910 in current Australian Medical Association List of
          Medical Services and Fees.
          3.2.2 Specialist medical practitioner
          The first consultation for the injury with a specialist medical practitioner,
          on referral by the worker’s nominated treating doctor.

          Once you see the specialist you will know more about your injury. Make sure you tell the specilalist about the initiating injury and how each injury since has exacerbated the first injury ie if you have had symptoms on and off since the firsst injury and now the last has made it much worse. There needs to be a clear line of reasoning to show each subsequent injury is linked to the first one. This is called the chain of causation. If there is no connection to the first injury then they say the chain has been broken so when you finally are sent to an IME they can deduct your first injury from the last injury for compensation purposes. This is why it is really important to show the final impairment has resulted as the injuries are all connected. Be very clear to let your specialist know the full history so there is medical evidence to show this.
          If you are sent to an IME there are grounds for objection and one reason for objection can be that the insurer has not attempted to get the medical information they need from your treating practitioners. You should always recieve a “Notification to Worker” explaining what information wasn’t available from your treating practitioners but the insurers hardly ever send this to the worker as required by the WorkCover Guides for IMEs. If you don’t get this ask your case manager to send it explaining why you are going to an IME and what information do they need from your treating doctor. If you can get this from them it gives you the opportunity to object while you see your treating doctor to get them to send the information to the insurer thus preventing your attendance.
          If you are sent ask if it is an Independent Medical Examiner or and Injury Management Consultant.
          Get on this website if the insurer does anything contrary to the above so you can get further info.
          FYI the IME Guides are found as follows-http://www.workcover.nsw.gov.au/formspublications/publications/Documents/independent-medical-examinations-reports-guidelines-3740.pdf
          It is good to read these.

          1. Jason

            Thanks so much again for your reply. I’m having the MRI on Wednesday and will be seeing my Doctor the following Tuesday-at which point I’ll insist that he issues a referral for a back specialist. My first injuries to my lower back occurred in 1997 and 1999…will the records relating to my prior injuries be able to be accessed?

            I also have another problem that has developed from the strenuous physical nature of my work. Around 8 weeks ago, I noticed that the muscles from my elbow to my wrist in my left arm are becoming sore. I wanted to start the ball rolling with my back issues first, before mentioning my left arm to my Doctor. But when I see my Doctor next week re the MRI results I will also mention my arm. I’m guessing that I’ll have to submit a new claim form for my arm?

    2. Michael

      Hi Jason
      To look @ it on a different prospective Your Doctor seams not to have your health as a first issue.
      My suggestions Get MRI or even CT SCAN ASAP! It may not be work related & need urgent surgery.
      If symptoms subside look into what @ work could cause pain & look into ways of reducing stain on spine i.e stretching exercises, body core strengthening exercises, reduced work load or even finding new career with less toll on health. better than having a long term injury with constant pain.

  54. Bashed and bullied

    Found this on Facebook- Check out David Keegan, Labor for MYALL LAKES Facebook page

    David Keegan, Labor for MYALL LAKES Gail,the changes to WorkCover have caused untold damage to injured workers,I will continue to lobby for reform of the present system..the changes forced upon workers was based on a false premise ie the “massive deficit in reserves”which turned to be in fact a surplus
    Unlike · Reply · 1 · September 18 at 11:48pm

    David Keegan, Labor for MYALL LAKES The changes to Workcover forced on injured workers by LNP/Fred Nile/Shoters Party alliance have been disastoorous for the victims and emploers nd have enriched the Insurers and the expert givers of opinions…
    Like · Reply · September 14 at 10:28pm

    David Keegan, Labor for MYALL LAKES The LNP Governmentrobbed workers retrospectively of their Workcovr enitlments.It wasbased on a deliberate statement of facts .The Reserve funds were vaued at a date in 2007at the depths of the GFC ,at deficit of 44 Billion, with return to a normal setting after the GFC the Reserve fund is overt $1 Billion in surplus.Tell the LNP Government t the llot box in March 2015,what youthingk of their rip off of injured workers

  55. Complainers of the world make a difference

    Say NO to Recommendation 8!
    We have all been shocked and upset by the loss of legal representation for injured workers with the new laws and Recommendation 8 will go further toward eroding a workers right to legal assistance on this legal matter.
    The government has already watered this down from an injured worker previously being required to get legal assistance before accepting a Section 66 based on the Whole Person Impairment (WPI) percentage, down to, an injured worker being able to accept a lump sum based on WPI without legal advice and if Recommendation 8 goes through the injured worker will be negotiated down without even realizing the full ramifications of what they are doing. The insurer already attempts to do this in Complying Agreements but at least you can have this overseen by an arbitrator and you have a solicitor advising you. You don’t usually sit face to face with your employer to negotiate, they have their insurer who gets legal advice and uses a legal representatives to negotiate in any matters but an injured worker can be reduced to relying on themselves if this recommendation goes through. The point of beneficial legislation is undermined by this recommendation.

    When I looked into this a bit more I realized just how disturbing Recommendation 8 is.

    If this is put in place there will be a lot of injured workers who will wake up one day and say “Hey, I just lost my treatment and hey, I just lost my weeklies” and they will think back to the day they were convinced to “spilt the difference” with their percentage of injury and that decision has resulted in all their other rights being on the scrap heap because someone decided they could negotiate how sick or injured the worker was.

    At the moment you cannot “split the difference” because doing so does not accurately represent how injured you are, so when there is a difference between IMEs the matter proceeds to the WCC where you are examined by an Approved Medical Specialist (AMS) whose WPI percentage is legally accepted as “conclusively presumed to be correct”. If your solicitor sees something wrong with the AMS findings then they will advise you of this and you can appeal the AMS findings on certain grounds, as can the insurer.
    The matter can then go to upper courts if need be. If it is a matter of legal interpretation it can get as high as the High Court. The whole matter of the AMS and appeal processes is to ensure everyone has equal access to the law and that there is correct interpretation of the law. Legal precedents are set in this manner.

    It is far too easy for the insurer to find an IME who will give you a lower percentage of injury than your statutory right allocates under the WorkCover Guides. If there is a dispute between two IMEs it can either be a medical or legal dispute so this is not a right you what to throw away in through uninformed negotiation.

    In my case and my partner’s case there have been times the insurer withheld reports favorable to us under legal privilege. How many times does an injured worker go to an IME for the insurer only to find the report never reaches the light of day? This is the time your insurer has hidden away the higher percentage of injury. So what happens when your insurer does this to be in a better position to “split the difference”. Do you think they are going to reveal the highest or lowest WPI percentage they hold on you?

    I am not speaking out of my hat! I would not risk saying this without evidence to back it up. Between me and my partner we have had around 38 assessments combined. We have been providing proof to WorkCover, WCC and both our insurers of at least 9 of these assessors who provided reports showing they were either incompetent or fraudulent. There are way too many stories like this from injured workers on this, and other websites, that indicate all IMEs are NOT equal!!
    We have had a number of these reports set aside by the actual insurers themselves as well as through WorkCover intervention and intervention at the WCC.
    My husband’s WPI percentage varied between 7%WPI and 31% WPI so splitting the difference would have given him 19% WPI. The 7% WPI was from an IME who left out the parts of the MRI report that did not support his opinion and he left out the report from the treating surgeon where the surgeon described exactly what was wrong and this was all confirmed in a five hour operation. In my opinion this IME would have to be guilty of medical negligence if he did this to one of his own patients. He didn’t complete the tests according to the WorkCover Guides for permanent impairment, just picked a random WPI percentage. Every other assessor was between 18% to 31% but the insurer decided to use his report to say my partner didn’t reach the 15% threshold and so the matter went on for another year. Basically some assessors did not comply with the methodology in the WorkCover Guides as well as misrepresenting the facts and leaving out evidence from treating practitioners.
    Negotiating would have put my partner in the category where he would have lost all his rights when the right category for him would actually be “seriously injured” under the new legislation.

    The WPI assessment is not an arbitrary medical diagnosis, it is objective testing, not subjective opinion, so there should be little difference between two assessors who comply with the WorkCover Guides and AMA 5
    The review states “Mr Garling questioned the validity of WorkCover’s statement that it does not permit the two
    parties to negotiate an outcome because the notional level of assessment has not been made
    by a trained assessor, on the basis that the competing assessments have already been made by
    trained assessors. 227 ” If there are “competing assessments” the question should be raised about why there are such differences when two trained IMEs should be applying the same guides in the same manner based on the same medical evidence, not the question of how such differences can be negotiated away.
    WIRO’s use of the term “competing assessments” demonstrates his “disconnect” with the “reality” of injured workers who are subjected to examination by certain IMEs or the “reality”of the manner IMEs IMCs and IPCs are being used by insurers.

    The committee has also overlooked the fact the present legislation is what provides for an Approved Medical Specialist to determine differences in medical opinions not WorkCover or WIRO. The whole basis of assessments is based on the legislative framework that controls the powers of WorkCover. WorkCover, along with a range of medical and legal advisors determined the best manner of assessment of impairment when the guidelines were constructed, so any attempt to undermine a person’s legal right to a fair and independent assessment or to challenge a finding or application of the guides or even factual basis to an IME’s opinion, can be undermined if Recommendation 8 is accepted.

    It is important to remember this is not just about lump sums, it is about the one and only whole person percentage of injury you have to live with when you accept that lump sum which effects all your other workers compensation rights for your future.

    WIRO’s opinion is fundamentally flawed in regard to this matter. He has not personally experienced being assessed by an IME who is biased or who fails to follow the guidelines or one where limited information is provided by the insurer or one where the insurer’s solicitor has told the IME what to find.

    WIRO is not a doctor so he should not be negotiating how injured someone is nor should he be interpreting IME reports without specialist medical knowledge or training in the application of the guides.

    WIRO is not an arbitrator or an AMS or a WCC Appeal Panel so why is he negotiating between injured workers and their insurers on such matters that are not within the scope of his role as per the legislation. This is the domain of the WCC where inconsistencies can be determined with the assistance of the legislated processes.
    Complying agreements occur at a time Injured workers are at their most vulnerable and they can be in a place where they will accept almost anything. By the time the injured worker is getting a WPI percentage it is really important that they have legal assistance as this is also the time it is decided the injury is permanent which is also a matter for the IME to determine before the WPI percentage is accepted.

    WIRO is also the decision maker regarding legal funding. He states “I am presently receiving requests for funding for injured workers to proceed with an application in the Workers Compensation Commission to determine a dispute which often involves less than $15,000 because of a disagreement between the opinions of
    properly qualified independent medical examiners. Some of these disputes involve as little as $1,650. 223″
    The question is if the WIRO knocking back funding for people to go to the WCC because of his own view that WPI disputes should be negotiated, and he is involving himself in such negotiations, has he not provided himself a conflict of interest? The committee states “In evidence before the committee, Mr Garling advised that his office had taken a proactive approach to the resolution of such disputes and, with the cooperation of insurers, had been
    able to resolve a number of matters without resorting to dispute resolution processes. 230″ This evidence seems to indicate the WIRO is complying with the views he has expressed on this matter rather than the legislation and regulations he is in place to follow and evaluate. It seems it is not only the regulator who may need to separate their functions more clearly..
    How can the decision maker for funding be impartial if they are negotiating with the insurer and in doing so precluding the injured worker from funding to enable them to obtain legal advice they need to be informed before they accept any offer negotiated. If this is the case WIRO has put himself in a very rocky place.

    At the moment arbitrators and Approved Medical Specialists are approved by the WCC and IMEs are approved by WorkCover. They are protected from personal prosecution for errors in their decisions if they have carried out their role in “good faith”, but the WIRO does not have this protection within his legal role.
    What will he do when he finds he has assisted your insurer to do you out of just the percentage of injury that means the difference in when your weeklies and treatment ends? Will people have the right to sue him for making medical decisions and giving legal advice when this is not his role?
    When he stated, “In my view removing that barrier would enable the majority of these disputes to be resolved without the emotional distress for the injured worker; without the delays which are inherent in the present adversarial process in the Workers Compensation Commission and without the cost. In my opinion, this policy cannot be justified on any basis. 229″, he misses the point the fundamental aim of beneficial legislation is to provide fair and just support for the worker to obtain their legal rights at the cost to the system, not at the cost of the injured worker.
    Mr Paul Macken, Honorary Lawyer, New South Wales Workers Compensation Self Insurers Association, also questioned the inability to negotiate an agreed outcome, especially considering the costs associated with attempting to resolve a dispute over such matters: … the inevitable cost is that somebody fails on application and goes to an improved medical specialist, at a price of $1,400, for them to examine and try to find an
    impairment assessment that everybody likes.” This comes from an insurer and many disputes are caused because the insurer doesn’t “like” the IME report provided by the injured worker. This overlooks the fact this is not about what any party “likes” it is about the legal responsibility of the IME to provide an accurate WPI percentage in accordance with the WorkCover Guidelines and for parties to be able to challenge any evidence they feel is fundamentally in error.

    Now that they have removed lump sums for 10% and under there is more money allocated for each percentage of injury as there is a type of sliding scale so a difference of percentage at a lower percentage is worth less than at a higher percentage so this too had not been accounted for in this argument.

    If this spokesman is really concerned about this waste of money let the self insurers association audit how many solicitors employed by their insurers conceal IME reports behind legal privilege, that are more favorable to the injured worker or that support the injured workers percentage of injury. Let them audit how many times they use a report they know to be less accurate to create a dispute that needs to proceed to the WCC. Let them audit how many reports they obtain from the same IMEs and how many times these are disputed at the WCC because they are found to be totally contrary to the facts. Let’s not forget when the insurer uses an IME report that is not supported by the treatment evidence to dispute treatment or to dispute WPI or to deny liability they ensure the case moves to the WCC and regardless, win or lose they get paid more for a dispute than they do otherwise. It all sounds good in theory but in practice when you reduce the ability for an injured worker to proceed through a transparent process the waters soon become very merky!! The review states, “Mr Macken described this scenario as ‘…a disconnection between the regulator and reality’. 226″ but the reality is there is a disconnect between the legislator and reality of how this system is being used and for whose benefit.

    There is already some ability to negotiate if the percentage difference is very minimal through Complying agreements where the matter can be resolved between parties through a teleconference. In my own case the insurer concealed the most recent higher percentage through legal privilege but agreed to a lower percentage from another of their IMEs and I agreed in a complying agreement as I had no ability to obtain the other report.(They gave it to me after I signed the agreement!!!) This would have made around $4000 to my lump sum and while that may not seem much to others it meant a lot to my ability to pay my bills.
    Anyone who makes the claim the sum is too low to worry about is obviously not on the stat rate and when such opinions come from people paid over $300 000 it seems a bit elitist and discriminatory to be saying what amount is of value to injured workers.

    What WIRO should be doing is looking into why there is such disparity between IMEs and he needs to look into why certain IMEs appear to have become “preferred” assessors for either one side or the other and then he might begin to understand why the injured worker becomes so distressed by the whole process.
    Why does he think parties use legal privilege to conceal IME reports that don’t favour what they want to achieve?

    Remember the fundamental reason for dispute of WPI percentage is not to stop you getting a fair lump sum, it is to prevent further liability for your claim in the future in regard to weeklies, treatment, commutation, Work Injury Damages, work capacity so don’t be fooled into accepting any thing that erodes these rights.

    If the WIRO is interfering with legal processes and denying funding to injured workers in the process, he is denying procedural fairness and legislated rights of injured workers to the benefit of insurers so this needs to be looked into by the committee who has supported this.

    WIRO has been supportive, helpful and needed, but he does need to look into this himself as it is not as straightforward as it all seems and he is putting himself at risk as well as putting the rights of injured workers at risk and if Recommendation 8 is put in place there will be more to this than it seems.

    In the experienced injured workers’ opinion of my partner and I we think Recommendation 8 can only serve to encourage corrupt or unethical behaviours so please think again about what you are supporting before supporting this.

    1. Rowan

      You make a valid point Complainers of the world make a difference. I will not try to defend the recommendation in any way. As far as I am concerned most (including this one) are only a few steps in the right direction. I would say that the recommendation could circumvent the current problem faced by many where the lower rate is taken as gospel and no consideration is given to the higher one, until the matter comes to the Workers Compensation Commission. My preference would always be to take the Injured Workers medical teams verdict as the correct one, testing this through the WCC if need be to ensure impartiality. As always the devil will be in the detail. In the meantime we will keep fighting for a fairer system.

  56. council worker

    hi everyone , tried to post an update yesterday but nothing came up, so ill re post, its been quite a while since my last message,and a lot has happened , I have seen my barristers since the insurance co paid for all treatments for my cspine problem and the barristers don’t want to go to the wcc as they don’t want an adverse finding,as there are assesors there that if you get one of 3 names told to me ,my claim may be in jepardy. so I found a funding co that helped fund my surgery, I had the acdf of my cspine and am now 6 weeks post op. feeling a bit better and has removed some pain but has not solved all my neck and shoulder problems. prior to my surgery I was sent back to the insurance co s orthopaedic surgeon and during the assessment he made me lie down on the bed ,face down and then told me to get up, I had done this once before and the pain was so awfull I began to weep as my neck felt like It had just been stuck with a long knife and turned, he had done this once before during an assessment, as I was unable to get up off the bed by myself he helped me off ,he then panicked as I said I may need an ambulance,he then sat me down and started to sweat, this is not what drs are supposed to do to patients, I got outside and took pain killers and waited for about 20 mins before I could go home, so I had the operation on my cspine and im walking and doing physio,the sleep factor at nite is nearly non existant as the aches in my neck and headaches keep me awake most nites, I have bought a memory pillow which helps but its only a slight help with my condition, I asked the insurance co for his report a month later and I again had to go above the case managers head to get it,as ive had to go to workcover on at least 4 other occasions ,and this time his report actually supports my specialists and my condition, I guess he actually saw I was in terrible pain,and did not deny or write other crap on the report as he did on the first one., so now In 2 months am having the arthrogram with die to see if the tendon in my shoulder hasn’t shrunk to where he cannot retrieve it, this is where I am at the moment and will update again after I have this arthrogram done and see the ortho , just a piece of information from me, and I know complainers of the world has also stated, make sure you tell your drs and specialists all that is going on and if you feel you are not getting what is required to get you back on your feet,complain to workcover as much as you need to,do not let these case managers push you around and deny what you need ,keep a diary of everything that is going on and what is said in conversations as this can be sent to workcover as proof of any deniability for what you may need, this is such an awfull system and it needs to be changed to actually HELP injured workers, not DENY surgeries and treatments. bye all

  57. council worker

    hi everyone, sorry I havnt posted for a while, so much has happened since my last post. well firstly I saw my barristers prior to looking at going to the wcc, they advised me that If I got an assessor that was sympathetic to the insurance co my case may fall apart. they did not want an adverse finding so he advised I pay for it and claim it through court later down the track.it was not cheap and I had to borrow this large amount to have it done, so I followed his advice and had my acdf syrgery and am 6 weeks post op today. there is a slight improvement with pain but has not fixed the problem with my neck or shoulder, but walking and turning my head is done now with little or no pain. I was also assessed by the insurance co orthopaedic specialist,and after fighting to get this report from my case manager again {this is at least 3 times now ive had to complain to her manager to get these reports} it is very supportive of what my surgeons have said and he agrees with both the acdf and arthrogram I am having shortly. I am sure he has finally seen the pain I am going through,when he asked me to lie down on his bed face down while being assessed ,and when he told me to get up I was in tears and in such pain he had to help me off it. he has done this twice to me now. the surgery itself wasn’t too bad ,as I was only in hospital for 2 nites and home on the 3rd day. I am numb still under the neck,my voice is still crackly,i still hear cracking and fluid noises when my head is turned,but am better than I was. my arthrogram with die is in nov and I will then see my orthopaedic surgeon with the results, as he told me because it has been 19 months since the physio retore the rotator cuff,the tendon shrinks and may not be able to operate to repair it . im sure we are all in the same boat being badly treated and being denied surgeries,but keep vigilant and note everything down,keep a diary and complain to workcover every time you feel they are not helping you get through this awfull maze. make sure you tell your drs and specialists what they are doing to you, as mine cannot believe how I have and am being treated. ill update again in late nov, stay strong injured friends ,

    1. Complainers of the world make a difference

      Keep up the fight council worker. This shows when people make complaints directly to the case manager as well as their supervisor you are more likely to get action as well as lots of evidence for WorkCover complaints to show exactly what is happening to injured workers. You should also ask for the name of your insurer’s Operations Manager and General Manager so you can show them how badly you have been managed by their staff. As well as this your solicitor now has the evidence of harassment and poor claims management so if the insurer does do anything else to you, you have evidence to fight them if they deny your claim further. You can now also say the IME they employed supported the fact your treatment was reasonably necessary so ask them when and how they are going to reimburse you for the poor claims management that has now resulted in your condition being made worse.

      Contact WorkCover, WIRO and David Shoebridge just to outline how the insurer’s behaviour has impacted on your health particularly as they would not approve your treatment that the IME report now confirms was reasonably necessary. Please highlight to them what we all know- case managers are making their own medical decisions about what treatment is reasonably necessary rather than making the decision based on the medical evidence available and according to the WorkCover definition of what treatment is reasonably necessary. This is something also occurring with work capacity and it is really important that the politicians know this so we can all apply pressure to make insurers comply with the legislation.

      1. Merlo

        Just how true you are “Complainers of the world make a difference”.
        I was sent to the insurers IME in May and it took 3 months and a phone call almost every week at the end to them to be paid my expenses. I was told it was being processed at this minute and should be in my account in a few days. After another two weeks I made contact to be told I would be sent a cheque as they did not have any bank details. No contact had been made with me in this regard in those two weeks. Mind you I had been paid into my bank account many times in the past but I agreed to a cheque just to get my expenses paid.

        I was sent again to be assessed at a different place and it was 6 weeks without being paid my expenses and I made contact again and ended up being told………….get this, as my current work certificate is out of date we can’t pay you. I asked what date was on this and I was told……..get this 2006.
        It was laughable but I asked could I speak to the department that deals with costings and expenses. I was told no as that department is…………wait for this, is overseas and I can’t put you through.
        What is this country coming to.
        Finally after another few phone calls and going higher than the case manager I was paid and it was by a bank transaction.
        My advise to anyone now is if you are required to go anywhere to be assessed or for treatment, get them to book you a taxi and have all accommodation and expenses paid for prior to going. It will cost them far more than they think when a person is hundreds of kms away from the appointment.

        Injured workers don’t just come from a capital city like case workers think.
        It was a 6 hours drive one way with no breaks, two nights accommodation, not knowing the city and where to go. Parking was a nightmare. My stress level was high and than to see the IME for just 5 minutes. Was it all worth it.
        And I was told as my appointment was mid morning I should be able to drive there that morning and return that afternoon. So only one nights accommodation will be paid and only meals for one day.

        1. Complainers of the world make a difference

          That is disgusting Merlo. They are kicking you around like a can in the gutter!! There is six months minimum between IMEs according to the WorkCover IME guidelines. It seems you are saying they sent you with only a few months in between. Was that the case?
          Send in your claim for the two nights regardless and tell them you were not medically fit enough able to be in the car for six six hours after the appointment or before it without breaks so you just could not attend and go home in one day. Ask them why they did not send you to an IME located closer to your home as the WorkCover guides require.
          Also make a complaint that because the IME only saw you for five minutes and they were prepared to send you so far it indicates they may be using a “preferred” assessor and you want to let them know now as you will be making a complaint if his report turns out to be biased or inaccurate.
          Always prepare the case manager for the complaint and keep asking if they have received anything as soon as the ten days are up for the examiner to provide the report. Once the case manager receives it ask if it is biased and for a copy. Tell your case manager if the report is biased or inaccurate you want them to contact WorkCover for you.
          If you get the report and there is a problem make your complaint straight to the case manager and tell them you had warned them and you want to know if the IME is used regularly by them as if they are paying good money to him for five minutes of inaccuracy.
          Sorry for going on but it seems if they sent you that far for five minutes the IME will give them what they have asked for so be prepared. Was it a psychiatrist or physical specialist?
          I would also be accusing your case manager of harassing you if they cause you any more problems and I would ask to speak with the supervisor.
          It is hard to believe they treat people so badly. Keep your chin up!!

  58. Norman Gale

    I am a 63 year old and earlier this year, through keeping up with the boys, I was engaged in a lot of manual handling which I was not accustomed to and I noticed that my humerous nerve was moving across my elbow and I attended a doctor who said that it was tendonitis and I informed my boss who said that it was my age and that is all. After a period of time my elbow started to tingle and the joint felt very sore. I again attended a doctor and he told me he believed it was work related and that I would need remedial treatment. I conveyed this to my employer and he was unwilling to do any thing about the situation because he believes that it is age related and has nothing to do with a work related injury. What are my rights regarding his action.

    1. Complainers of the world make a difference

      Hi Norman,
      If your doctor thinks it is work related then he should write out a Work Capacity Medical Certificate for you stating the diagnosis and the restrictions/capacity for you to work under to prevent further injury.
      It is not up to your employer to make the decision it is because of age. Lots of workplace injuries occur over a long period and the determination of what caused the injury is part of a legal process.
      If you notified your employer they have 48 hours to notify their insurer of your injury. The insurer should then contact you.
      I don’t know if the insurer denied this was work related or if it was just your employer who has also failed to notify of your workplace injury. If your employer failed to notify the insurer they are breaking the law.
      For advice on this contact WorkCover, 131050. Tell them your situation and ask for advice.
      Good luck!!

    2. Kim smith

      Hi Norman I have had a very similar situation to yours and would be interested to hear any replies regarding this . ? Regards

    3. john

      An Employer has 5 days to advise the Insurer of a workplace injury, if it goes beyond the 5 days the Employer will be hit with an excess on their premium.

  59. Alexander Oliver

    Hi,
    2014 has not been my year.
    at the begining of the year i broke my elbow at a work place that i was leaving the next week as i had started another job. The original employer had filed the claim on my behalf and had everything was going ok with medical bills payments but the insurence company has been less then usefull in getting my pay for the new job. The new job had not turned out well as they company was dodgy and paying me under minimum wage and had i eventually had to leave as they were paying me for the time i was having off for physio for my injury at my first job (after i told them not to do it) and then demanding it back despite the insurer not doing anything about getting me my pay.

    I have recently helped out a friend and dislocated my knee and that has put me in a knee brace and required me to go to physio.
    I need to know what is the best way to apply for jobs (as i need the money ) but disclose that i am injured and i will need to leave some times to go to physio therapy.

    if anyone knows what i should do or who i should talk to that would be great
    Thank you

  60. john pedavoli

    Hi all ,Can here u all 7 years on comp and the bull**** is still flowing .good website too best off luck people

  61. Heidi

    My son was injured at work because he wasn’t supplied with the necessary safety equipment. Sent to the work Dr when initially injured who wrote a cert. for a week or more, dropped the cert. back to work and was told by boss that the Dr was trying to contact him because he made a mistake and would need to return to work earlier, This happened more than once and my son even overheard the conversation between the Dr and his boss, with the boss telling the Dr how long my son would be off. He is a long term casual working full time hours and does not want to loose his job. He has returned to work on light duties. There have been lots of things happen to him that don’t sound right to me and my son has diarised everything, The latest is his been to his specialist who estimated it would be another 6months before he returns to full duties but his WIM-CGU said that if this isn’t reduced they would find someone else who would reduce this time. Yesterday he went to a so called independent specialist who manipulated him so much so that my son said he could actually see stars from the pain whilst the specialist told him he was alright and my son left the surgery only to vomit in the street. He is also being told that he has to book Dr’s/specialist visits in his own time. This is all to much for me and I’m not the one who is injured. My sister went through the same thing she was crushed by an ambulance trolley & a patient lifter chair when the ambo dropped the trolley and spooked the elderly patient and got crushed between the two . I found a so called good solicitor for her and now she has to live off $60 a week from the insurance co. and they have cut all treatments that helped her. She has to pay rent. How does someone pay $300 p/w from that and buy food etc. She had to go Centrelink who assessed her injury greater than the insurance co. I don’t want this for my son he has a young family but I don’t know enough about the rights of injured workers to help him. And I don’t want him on the really strong pain killers for the rest of his life. Help please. Very Grateful

    1. Rowan

      Dear Heidi. It seems a terrible situation to be in. Call the office on friday morning and we’ll see what we can do.

      1. Trisha

        Hi Rowan , what about us in Victoria can we still use your website to get some support

        1. Rowan

          A thousand times yes

          The Injured Workers Group of Victoria is available to you for direct peer support if you want to get involved below our boarder. Though we concentrate on NSW we are aware that work place injury doesn’t reside only in NSW and the need is great. We wholeheartedly support our brothers and sisters in Victoria and give a big shout out to our sister organisation in Victoria.

    2. Complainers of the world make a difference

      I’m pretty sure the employer is not allowed to contact the NTD directly and in any case the employer should not be pressuring the NTD to change his opinion becasue the employer is not a doctor!!
      It sounds as though the doctor is allowing this so I would be contacting WorkCover 131050 to report what has happened. Your son will have to do this as they won’t talk to you unless he gives permission in writing. You can ask WorkCover about what your son needs to do to allow you to talk to them. Sounds as though the insurer is interfering with your son’s specialist advice and that is why they sent him to the IME. Your son needs to make a report/complaint about the IME and how he hurt him, immediately, to the case manager and to WorkCover. It sounds as though they will be using the report from this IME to deny your son’s claim or to make a Work Capacity decision that you will need further evidence to dispute.
      I would suggest your son get back to the specialist ASAP to see if the IME caused any further injury and ask the insurer for approval for this. If they won’t give it go anyway through Medicare.
      Check with WorkCover to see if the employer can directly contact the NTD. It sounds like a breach of the Privacy Act if the NTD has been discussing the case directly with the employer so your son could also ask WorkCover about this as well as ring the Privacy Commissioner.
      When the insurer tells your son things such as they will find someone who will reduce the time frame, your son should email back to the case manager stating he was not happy about them threatening the described action and that he would like the contact details of their supervisor. Then write a complaint to the supervisor outlining all that has been going on that is how upsetting to the point he needs approval to see a psychologist. Get the NTD to make a referral to a psychologist in any case as it sounds as though he needs to see someone due to the harassment from the employer and the insurer and make sure the NTD writes that in the referral.
      Make sure your son also advises his NTD and the insurer the IME has exacerbated his injury. It might be prudent to change the NTD to someone who will not breach his privacy. Ask around to see if their is someone who is prepared to stand up to the insurer/employer.
      If you don’t get some support from the insurer it will be all outlined for WorkCover if it is in emails. If WorkCover don’t sort it out you can contact WorkCover Independent Review Officer (WIRO). Your son will soon need a solicitor as from what it sounds the insurer will deny his claim pretty soon.

      Your sister can use any medical report from Centrelink to fight the insurer. Tell her to show her NTD the Centrelink assessment and ask the NTD to change her Work Capacity particularly if she is now totally unfit and needs further specialist intervention. Get her to get a new referal to the specialist and ask the insurer for approval but if they won’t approve go through Medicare. You can use this as evidence anyway. Ask the specialist for a copy of the report he sends back to your NTD. Send a new WCMC to the insurer and ask the case manager how to deal with deterioration because they have withdrawn the treatment and she can’t afford it. Make sure it is all in emails so there is evidence of the responses.

      I am not a solicitor just someone with a lot of experience fighting this system so it seems to me the insurer is doing what they have done in many other cases. Both my husband and I have done most of our fighting through complaints and this seems to make the insurer more accountable and more likely to manage the injured worker better. You can complain to the Operations Manager of the insurer as well as they are accountable for ensuring staff follow the legislation. I would ask on the end of the email “Who is your Operations Manager?” This seems to get action.
      Hope this helps. Good luck!

  62. merlo

    We all are going through the same thing here. Yes we have to unite but it doesn’t seem to be working for us whom will loose our homes, our bank nest egg and even our husbands, wifes or partners. Even our weekly wages have gone. The insurance companies are happy to take our work places money and I do really think that its not us that should have to be going to appointment after appointment for just 5-10 minutes to be told we don’t meet the required percentage to get any compensation. Its the mental trauma we all go through.

    The insurance companies do need to stop trying to save money on us the injured, and look into why so many workers are getting hurt. Get them to go to all work places and see for them self why work places are not safe.
    Put the work place through what they are doing to us.

    I worked for a large govt company and was required to do annual mandatory training which had nothing to do with the department I worked in. Yet our name would be crossed off each year claiming we had attended our mandatory training. I’m guessing if anything ever happened (which it did) they can say well all staff are trained. Hence its not there fault. We can complain as much as we want but nothing would happen.
    My employer had a requirement, staff were to do lots and lots of on line mandatory training also. Most were, just click a button and hope it was correct, if not just click the next and so on until you get 100%. Staff would have other people answer the questions. Lets have all staff in our department get 100% first go. Computers have a lot to answer for in our life’s today. Whats happened to the hands on approach in life.
    No wonder why there’s injury in a work place. This company is a very large NSW govt company. I feel Govt companies are one of the main employers of injured workers.
    Small companies are more alert to issues that are happening around them.

    I was on the OH@S committee for some time and decided to resign as it was a joke. I guess like other companies they were happy to hear the problems that were happening but would not act on them. Some excuses believe it or not were…………..we have no money to fix it. If this is the case then why be in business.

    I feel we should rally together and do something about getting the insurance companies to attack the work places that have caused us all to be writing our say on the site. We are the injured party who are being attacked, and we are the ones who are suffering in this.
    Its all about making and saving money……work places pay large amounts to have insurance, and the insurance companies send us to not just one medical appointments but many until one decides to give you a percentage under 10% and thats it…….. delined claim.

    1. Trisha c

      So right Merlo , total rubbish same here and lost everything at the end , I really believe that the insurers are working alongside with the specialists all corrupt and they do get away with it, while we are left with nothing not even a job , who is going to employ us now when you tell the truth ??

    2. Trisha c

      So right Merlo , total rubbish same here and lost everything at the end , I really believe that the insurers are working alongside with the specialists all corrupt and they do get away with it, while we are left with nothing not even a job , who is going to employ us now when you tell the truth ??

  63. Carl

    To all this is a letter & the reply a member received from Minister Perrottet as you can see the minister did not reply he had his secretary do it. If you don’t agree with any or all of this reply then I urge you to contact the minister to voice your concerns!
    I know that there is a lot of issues but the response is just BAD I think.

    Doug
    PEARL BEACH NSW 2256

    Minister for Finance
    The Honourable Dominic Perrottet
    Level 36 Governor Macquarie Tower
    No 1 Farrer Place
    SYDNEY NSW 2000

    5 June 2014

    Dear Sir
    I am writing to you after speaking to your aide, who advised me to put down in a letter the problems that are affecting people on workers compensation.
    I’ve written letters to Mr Barry O’Farrell on 12th January 2013, Mr. Constance on the 9th December 2013, to date I still have not received any response. I have subsequently got in touch with other people that are new to the worker’s compensation scheme, through doctors and various support groups.
    We have currently got a very large number of people in support of this letter, who have interacted by both email and phone concerning the problems that they have with the worker’s compensation scheme. Due to my medical requirements I have met a large number of people in the same position. A lot of them have lost their homes due to the minimal weekly benefit that they are paid.
    For example, I am a 57 year old male, my injury was in 2008 I went from a normal weekly wage to $400 dollars per week. This did not even get close to covering my mortgage, let alone leave enough for food and other bills. It wasn’t until 2014 that my money went up to $670 per week, but now I have nothing left of my savings or superannuation.
    For people who have worked hard all of their lives, the money we get doesn’t cover our mortgages, let alone pay for any other living expenses. A good number of us have had to draw on our superannuation, under hardship, to try and save our homes or just to survive. This money only lasts a short time. When there is nothing left it puts a great deal of pressure on the family which leads to marriage breakdowns. Others people that I have spoken to, have tried to commit suicide. When you speak to these people, they tell you that they have nothing left to live for and that they just want to give up.
    One of the men that I know, had tried suicide earlier in the year, this led him to be locked up over Christmas. Due to his injuries he had lost his house, his marriage, everything. So the doctors thought it would be safer for him over Christmas to be locked up, for fear of him trying suicide again.
    If anyone dies because of the changes to workers compensation, we will do everything in our powers to see that the government, minister or department head is held responsible for that person’s death. If you read some of the emails on the Injured Workers Support Network website you will see that a lot of people now say that they have nothing left and are about to give up.
    YOU MUST UNDERSTAND THAT THIS INCIDENT DOES NOT ONLY AFFECT THE INDIVIDUAL PERSON, IT AFFECTS THE FAMILIES, THE CHILDREN, MOTHERS, FATHERS, BROTHERS, SISTERS, THE UNCLES & AUNTIES, AND DOWN TO FRIENDS. EVEN I HAVE HAD TO STAY WITH OTHER PEOPLE, AND RENT MY HOME, DUE TO INABILITY TO MEET MY MORTGAGE PAYMENTS.
    THESE CIRCUMSTANCES EQUATE TO THE LOSS OF MANY, MANY VOTES FOR THE NEW SOUTH WALES LIBERAL PARTY.
    We have spoken to the leader of the NSW opposition who has given a guarantee to rescind the O’Farrell changes to the workers compensation scheme. As you would have seen on many current affair programs, YES we do understand that changes have to be made, but, within reason, but when medical evidence cannot be refuted why is it that these people with serious injuries suffer the same as people with minor injuries. Serious injuries are lifelong. All that is needed to start with is to have the word RETROSPECTIVE removed from the changes of June 2012.
    Most of the injured people have x-rays to prove the severity of their problems. As my neuro surgeon and other doctors have said “x-rays do not lie”. Both my surgeon & GP have told me that when their current worker’s compensation patient cases are completed, they will no longer attend to patients under Worker’s Compensation. Because of the problems they have had with WorkCover & the insurance company’s employees. These are people who have no medical training and over-rule doctor’s requests and certificates. They disallow scans or procedures that are requested by the medical professionals. My surgeon has told me that his colleagues are no longer seeing patients who are on worker’s compensation because of this.
    We now have the support and backing of Greens NSW MP David Shoebridge & the Injured Workers Support Network of NSW and the Unions. The New South Wales government has an election coming up soon, in which we will give our support to whoever will help us the most. This will lead to a vast number of votes to whoever helps. We know the government has handed all the assessments over to the insurance companies. These are the people who are making the money, whilst the victims of workplace accidents are suffering hardship. The insurance companies do everything that they can to make out that there is nothing wrong with the injured worker.
    They send the worker to their preferred doctors’; these doctors get paid by the insurance companies. How can an impartial outcome be reached, when you are already seeing the best surgeons in their field. By seeing the insurance company doctor you end up with a lower assessment than that of your treating surgeon, who knows the ins & outs of your condition.
    The insurance companies have workers followed & photographed. I was even followed to my mother’s funeral; which led to a phone call to my doctor to have my medical certificate changed to the benefit of the insurance company, by stating that the injury isn’t what the neuro surgeon said. I was in the doctor’s office when the call was received and this change was requested.
    I am still in need of another two operations. But I have had complications from the first one. But like a lot of other injured workers I have been told that my medical cover would cease at the beginning of 2017. If the changes are not rescinded where does this leave us?
    Could you please explain?
    1. How after being injured & having to use up our superannuation, what do we do now for our retirement?
    2. Who, now, are going to replace our homes that we worked so hard for and lost due to no fault of our own?
    3. Who is going to rebuild our shattered families?
    4. Who is going to help us with ongoing medical costs, after the new law cuts our benefits?
    5. There are a large number of people that are close to retirement that will not be able to return to work, regardless of retraining, because their pain is relentless & the amount of pain killers that they are on, make them a danger in the workplace. Can you explain what they are to do?
    6. If you are previously injured, what insurance company would cover you for workers compensation? I have been told by potential employers (when made to seek employment by WorkCover) that they did not want & will not take on people with previous injuries.
    The answers to these questions will be passed on to everybody concerned as we are now setting up a website for all to view & reply.
    We await your response to this very urgent matter.
    From an injured worker of NSW

    REPLY

    Mark Speakman SC MP
    Parliamentary Secretary for Treasury

    Mr Doug
    PEARL BEACH NSW 2256

    Dear Mr
    Thank you for your correspondence to the Hon Dominic Perrottet MP, Minister for Finance and Services about the New South Wales Workers Compensation Scheme. The Minister has asked that I respond on his behalf.
    I understand that you did not receive a response to your letter to the former Minister for Finance and Services in December 2013. I enclose a copy of the response dated 23 January 2014 for your information.
    Better support for injured workers
    The Liberal Government inherited an unsustainable Workers Compensation Scheme with a rising $4 billion deficit. The changes introduced in 2012 were about putting the Scheme back on a sustainable footing and better supporting the State’s most seriously injured workers.
    The Scheme is now fully funded and structured to focus on its core objectives of maintaining a financially viable and sustainable workers compensation system that is fair and affordable for employers, while improving outcomes for injured workers.
    The changes to the weekly payment structure mean that payments are now more closely aligned with a worker’s pre-injury average weekly earnings, which has increased payments for most incapacitated workers who are not able to return to work in the first 13 weeks after an injury. Since September 2012, the most seriously injured workers being supported by the Scheme have been receiving a rate which is around 70 per cent more than the previous statutory rate. These workers will receive weekly payments until they reach Commonwealth retiring age.
    The changes to statutory benefits were designed to address the failings of ongoing payments within the former structure which adversely affected so many workers. I note your comments regarding the number of workers you have met who have experienced problems with the old Scheme. I would encourage these workers to contact WorkCover directly for assistance with their claim or to discuss their circumstances.
    Medical treatment
    Time limits on medical payments under the Scheme were established to ensure its future viability, while also providing appropriate support for injured workers.
    Injured workers are eligible for reasonably necessary medical and related treatment for a period of 12 months after a claim is made or 12 months after their entitlement to weekly payments ceases. Seriously injured workers, those with greater than 30 per cent whole person impairment, are exempt from the time limit and will continue to receive medical coverage for their lifetime.
    Further, the Minister recently announced several enhancements to the 2012 reforms that will soon be made by regulation and assist thousands of workers who had claims before 1 October 2012. These include:
     ensuring continued access to hearing aids, prostheses and home and vehicle modifications and related treatment until retirement age;
     extending medical benefits for workers with ‘whole person impairment’ assessed between 21 per cent to 30 per cent, until retirement age.
    Workers whose medical benefits have ceased can make a subsequent claim if there is a further deterioration in their condition related to their original injury. Alternatively, they are encouraged to contact Medicare Australia, on 13 20 11 or at http://www.humanservices.gov.au to enquire about benefits that may be available.
    Supporting a return to work
    On the issue you raised about returning to work following an injury and work capacity assessments, the Government is committed to focusing the Scheme on rehabilitation and returning workers to suitable, safe and durable employment.
    For this reason, the new Certificate of Capacity issued by the nominated treating doctor, focuses on what the worker can do, rather than what the worker cannot do. The Scheme reforms and the development of the Certificate of Capacity in particular, involved extensive consultation with the medical community, including the Royal Australian College of General Practitioners, GPNSW, the Australian Medical Association and the Australasian Faculty of Occupational and Environmental Medicine.
    The Certificate of Capacity forms only one element of the insurer’s holistic assessment of a worker’s capacity to return to work. Work Capacity assessments consider all available information, such as, a worker’s self-report, injury management plans, information from the employer, reports from treating providers and independent medical reports.
    The role of an independent medical examiner is to conduct a medical assessment of an injured worker and provide independent, impartial advice about causes of the medical condition, reasonably necessary treatment and the worker’s capacity for work.
    In some workers compensation cases where there may be an issue regarding liability for a claim, the insurer can undertake factual investigations, including employing the services of a private investigator. This may only be for the purpose of interviewing witnesses, work colleagues or relatives of the worker, and in some cases discreet surveillance of the worker’s daily activities. Investigators are regulated by legislation administered by the NSW Police. Any concerns about the activities or methods of a private investigator should be raised with the insurer or the Security, Licensing and Enforcement Directorate of the NSW Police, which can be contacted on 1300 362 001 or at sled@police.nsw.gov.au.
    Injured workers have a number of avenues for review if they believe their work capacity decision has not been applied fairly. Initially they can request the insurer internally review the decision. If they are not satisfied with the outcome of the internal review, they can apply to WorkCover for a merit review of the decision. Following the internal and merit reviews, injured workers have the option to apply to the WorkCover Independent Review Office (WIRO) for a procedural review. The WIRO can be contacted on 13 94 76 or at http://www.wiro.nsw.gov.au.
    I am very concerned that potential employers have refused to offer you employment on the basis of your injury. These employers may be in breach of the Anti-Discrimination Act 1977 (NSW). I encourage you to contact the Anti-Discrimination Board of New South Wales, on 9268 5544 or at complaintsadb@agd.nsw.go.au, for guidance on making a formal complaint.
    Before changes were made to the Scheme, employers had existing obligations to assist their injured workers to return to work. However, the legislation has been strengthened and WorkCover can now formally request employers to provide suitable employment to their injured workers with capacity to return to work. WorkCover inspectors are authorised to issue legally binding Improvement Notices to employers. Penalties of up to $11,000 apply for businesses that fail to meet their injury management and return to work obligations.
    In addition, rehabilitation providers can access a range of vocational services to help injured workers return to work, such as, the JobCover Placement Program, work trials, retraining option, the Transition to Work Program and, where required, equipment and workplace modifications. Workers should contact their insurers for further information about rehabilitation and job seeking assistance.
    Please be assured that the government understands the impact an injury can have and that long-term work loss has an impact on a person’s health and wellbeing, their financial independence and social inclusion. I would strongly encourage anyone who is distressed or contemplating suicide to discuss their situation with their nominated treating doctor. In addition to the support offered under the Scheme, there are counselling services available, such as: Lifeline, available on 13 11 14; the Salvo Care Line, available on 1300 363 622; and the Suicide Call Back Service, available on 1300 659 467.
    I note your comments that you will require further surgery in the future. I wish you all the best for your operation and in your recovery and rehabilitation. For information about your particular medical entitlements or any assistance with your claim, I encourage you to continue to liaise with your insurer directly, or WorkCover on 13 10 50.
    I trust this information is of assistance.
    Yours sincerely
    Mark Speakman SC MP
    Parliamentary Secretary for Treasury
    Encl.

    1. An

      Hi,

      I am new to this site, as I found it during my frantic online search in trying to find others experiencing the same problems as I am in this whole workcover nightmare.

      I would like to start by saying it was very uplifting to read your letter to Parliament as the comments you made about seriously injured workers being put at major detriment thanks to their unfair changes in 2013 are so valid, which I have fallen victim of.

      It looks like I too am about to be ordered back to work regardless of the fact that I am awaiting another round of invasive surgery for CRPS, Fibromyalgia & Raynaud’s. For these conditions as well as PTSD, bulging discs, Central Sensitisation of the spine & bursitis I am on Anticonvulsant meds for the chronic pain and struggle to drive yet they tell me if I can’t drive the hour distance to work that I need to find another job. I suffer episode’s of Paralysis down a whole side of my body and struggle to get out of bed most days. My symptoms, pain and conditions are very real but all they are interested in is their deficit. How they fail to realise that us injured workers have paid hundreds of thousands of dollars in taxes in our careers and there is nothing just about having your life and that of your family destroyed due to no fault of your own. You don’t go to work to have your life destroyed yet going to work on the day I got injured has destroyed not only my life but put such immense pressure on my family that I can not begin to explain.

      There are so many things wrong with this scenario and without writing an essay all I can say is that I agree wholeheartedly that it’s the innocent victims like us that are suffering. My whole family has suffered with me and I have worked my butt off all my life but now with these changed laws, my family is at risk of losing our home and I am on the verge of losing everything I have worked my whole life for. None of this was my fault yet my life has turned into hell and the government is handing out shovels to dig our own graves.

      I would like to join your fight for fairness and to reclaim justice for injured workers. Please add me to that long list of supporters. United we can stand strong.

      1. An

        From one An to another,

        You have been through a lot. Yes, workers compensation is very complex.

        Have you tried the health systems to support you through the process? You say you have been frantic in looking for types of support. The staff that work in these systems in areas of both state and federal government roles of health, admin, management and at NDIS are wonderful people, have true compassion and empathy. Rowan, from this site, also has a “people” first outlook and could point you in the right direction, perhaps with a support group meeting within your local area. He said he would do this for me. He has many connections. They all do.

        I don’t know why these things happen. I hope you will be OK.

        An

        1. AN

          Hi An,

          Thanks for your message.

          I have been in contact with Rowan who has steered me in the right direction and to go and see my local member.. my only concern is that I am only one voice to them and unsure if they will take notice!

          None the less, I think these new laws only help the insurance companies and too bad for those who are genuinely injured. It is so unfair.

          Take care.

        2. Jaz

          Hi there, I also suffer from CRPS, the most painful medical condition. Mine has actually spread through my whole left side. I was supposed to get a very important surgery approved, but t did not happen. I am at risk now to get my foot amputated , due to further complications and possible fractures.
          8 months + waiting for it to be approved is way too long for my condition. Needless to say , spreading of the CRPS happened in the last 6 months, it is unstoppable.
          Sensitivity, stress, unbearable pain and depression is something that I deal with every day.
          The worst is frustration and acceptance that from a healthy person I became a disabled person.
          It is unbelievablewhat we injured workers have to go through , with the insurances not taking our condition seriously.
          I do not really care about greedy insurances loosing 4 billion dollars through wrong investments, being in surplus now , only proves to all of us another big lie and it only shows how much in benefits injured workers lost since the changes have been made.
          of course, we are just numbers in the system.
          We are heavily mortgaged, with the husband about to loose his weekly benefits , due to the return to work capacity decision being made,that actually says that he is able to do the office receptionist work only,due to his back and hernia injury, but the insurance wants him back to work doing heavy lifting, twisting, bending …
          Needless to say I am on 80 % of my pay, so we will basically either starve or loose our home.
          Our credit rating is destroyed, our lives are destroyed. Our family is the only value that we still have.
          cheers to all of you out there, do not stop fighting for our rights.

      2. Trishac

        An , this is how my life is as well because of those monsters , the only difference I was actually intimidated, almost bullied and put down by them thats why I am so weak and do not trust anyone and cannot fight anymore fear of doing myself in . The government has no time for us , its all rubbish that they cannot see what is happening, I had have enough, so I gave up and lost all

  64. Ebony

    In early 2011, whilst working in a very busy drive-through bottle shop I started experiencing acute pain and impingement in my left shoulder. With physiotherapy the pain and restriction of movement lessened but I continued to feel some level of pain. I had numerous scans which never really showed anything definitive.
    Over time the pain started to wear me down and I developed anxiety and depression.
    After almost 2 years it was decided that surgery was the next step.
    I had surgery in January 2013 and seemed to recover from that quite well. Gradually my work hours and capacity to work increased, but if it stalled for a few weeks I’d get questioned by GIO and had them increased. Eventually they pretty much pushed me out of the system and closed my case off in November, by this stage I was only experiencing a mild, manageable amount of pain so I felt that I was in fact on the mend and requested from my case officer to continue to get physio every few week. He approved only 4 which I used to get me through the busy Christmas/New Year period at work. I had a couple of weeks holiday in February which helped my pain level also. However I gradually got worse over the next couple of months so got in contact with GIO, initially all I wanted was some physio treatment to loosen up my shoulder and allow me to continue working my full duties, but they denied that. I gradually got worse and got treatment on my own, but by this stage it was too late, I ended up having to take more time off work when the pain became so bad and spread up my neck that I couldn’t even drive to work. I’m now only working 25 of my usual 38 hour week as the pain gets too severe when I work full hours, I’m also on restricted duties again and cannot perform my job which is frustrating. I used all of my personal and annual leave and am now taking unpaid leave for the hours I don’t work so I am not only earning far less every week, I don’t have any leave for my upcoming leave next month which is meant to be my honeymoon.
    I have started having trouble sleeping and depression again.
    I tried to have my case re-opened, GIO sent me to an “independent” specialist in Sydney (that they pay) who spent 10 minutes with me and claimed that I did not have a shoulder injury, just ‘run of the mill’ neck pain.
    They denied liability and will not re-open my case as they say that it is not the same injury.

    I put in an application for review where I told them:

    “I never fully recovered from the injury and always experienced some level of pain or discomfort, the pain has worsened to the point where I can no longer perform full duties. It is not a different injury. Dr Hitchins suggested that I have everyday, run of the mill neck stiffness (how he came to such conclusion after a mere 10 minute consultation I’ll never know), but the pain that I have been experiencing in my neck was much worse and was only on the left hand side in the muscles running up from my shoulder. The pain in my neck has subsided and is no longer extreme and seems to be more a referral from the shoulder, however the pain in my shoulder has not improved much, with physiotherapy I feel better for a few weeks but over time it worsens again. Dr Sabu Arunakumaran who has taken over my case for Dr Chandra Jinabhai (whilst he takes extended leave) feels there may have been a misdiagnosis from the beginning and that there is the slight possibility that the pain does originate in the neck and would like an MRI to confirm or rule out this theory. He also has referred me to Dr Tim Grice as Pain Specialist who I have an appointment with on 24th September. I feel that the problem is in the shoulder (as I get a pinching feeling and clicking sounds in the shoulder joint) but I am willing to investigate all avenues in hopes that I may finally get to the bottom of the issue and have it fully resolved and actually be completely pain free.
    Contrary to Dr Philip Allen’s report, the injury is exactly the same as it was in 2011 where there was no definitive diagnosis or explantation as to why I’ve experienced such intense pain with mostly full range of movement and no resolution, nothing has changed. I was back on full duties, in hindsight too soon as I am now back to square one and experiencing levels of pain similar to how I was in the beginning.
    My way of life has been greatly impaired by this injury and I cannot perform my job to the standard I could before, I struggle to work a full 38 hour week without experiencing increased pain.
    As well as reduced lifting capacity and only performing very limited ‘suitable duties’ I am now working a reduced working week of 25 hours which has impacted my pay a great deal and I have used all of my leave, therefore I would very much appreciate a hasty response to this application.”

    They phoned me today to say that they’re sticking by their original decision. I phoned a lawyer but get the impression that this will be a long, drawn-out process and even if I am successful I won’t have my leave and any money back by the time I need it.

    1. Rowan

      Ebony,

      Thanks for sharing your story. It can be a long process but we are hoping soon that this govt will put in place some financial assistance while you go through the process. We will keep you informed.

    2. Complainers of the world make a difference

      Hi Ebony,
      You may have both cervical and shoulder injury. Put in a new claim stating the present work has exacerbated your shoulder pain. Get you NTD write a work capacity certificate stating ongoing shoulder symptoms due exacerbation of existing shoulder injury. Make sure he states what you can and can’t do eg can lift up to 2kgs for short periods etc, requires rest breaks every half hour from repetitive work etc. Get him to write that he is referring you to a shoulder surgeon. Dr David Sonnabend, St Leonards, Sydney, is known as the guru but I don’t think he is doing WC cases anymore. He referred my husband to his colleague, Dr Ben Cass, who is a top surgeon who will ask the insurer for approval for an MRI of your shoulder. Your symptoms seem very much like a shoulder injury particularly the clicking and pinching which sounds like some sort of impingement or something in the acromion. Have you had an MRI on your shoulder or did they diagnose you without one?
      Go ahead with all of this ASAP and if the insurer denies this go through Medicare and once you have evidence from proper shoulder specialist who can ask for an MRI you can use this as evidence if the insurer denies your claim.
      Did the IME have an MRI of your shoulder or cervical spine? If he did what did he write in the report? If the insurer did not give you a copy then ask for it to take to the specialist. The insurer is not meant to sent anyone for an IME unless the information from your treating doctor is lacking but they usually ignore this and send you anyway. Check out the NSW WorkCover Guides for Independent Medical Examinations- http://www.workcover.nsw.gov.au/formspublications/publications/Documents/independent-medical-examinations-reports-guidelines-3740.pdf
      If the insurer has not followed these make a complaint to the Operations Manager of GIO (contact your case manager who denied the claim and ask for the name of the Operations Manager and email details. If they have denied your claim without following the IME Guidelines tell them you want due process which means you want approval to access to a treating specialist before they use an IME to deny your claim.
      You are seeing a GP and they can’t usually order MRIs unless it costs you. You don’t need a pain specialist yet because they are meant to be used when there is nothing more to be done ie surgery. I am not a doctor but after years of fighting the WC system and after my husband has had five shoulder surgeries and two cervical disc injuries as well as having been to the pain clinic I feel confident in saying you need a proper diagnosis from a shoulder surgeon. Perhaps the pain specialist can refer you to the shoulder surgeon. Are you in NSW or QLD?
      Good luck!!

  65. Don

    No One Gives A Dam
    I was injured in January 2010 and since then it has been a down hill spiral, I ended up having major back surgery in the L3,L4 and L5 area with a spacer device,further after my 1st injury had a neck injury funny how they do not link it in Whole Impairment I have faced suicide,depression,anxiety,loss of self worth. Fast forward 4 years with so much rehab I have no income now and due to me working full time the past 30 years I have investments so I do not qualify for anything,I have no job I have applied for so many jobs,my marriage is over after 35 years I have everything up for sale and I take care of my Autistic son.IMy life is shit atm and trying to keep positive but only so much I can take my health now is quite good as I have come back from my surgery to feel very good and fit and only want to be part of society again and back to work,it is so unfair that all I did was go to work I did not ask for this all of the laws are wrong for injured workers we should be entitled to fair and decent compensation the Government sits on it high horse and dictates peoples lives with no care factor on what happens.I am a fighter and will continue on but it is becoming so difficult these days without any help financial or otherwise.

    1. Rowan

      Don,

      You are in a tough spot but we are all there for you. Get in touch with the IWSN team and we can assist.

  66. Complainers of the world make a difference

    Contact WorkCover 131050 to ask if there is a time frame for work capacity assessments to see how often they can do this to your wife.
    They are just trying to get her off their books by finding she can do more than 15 hours a week work and if they can do that they will say she is not doing what she can and then they will deny her claim.
    Horrible changes to the system have left genuine injured workers defenseless!!!

  67. Stan

    Hmmm,

    AFter successfully going thru all the steps for a review of a work capacity assesment and finally having WIRO dismiss the original assement and ordering Coles to back pay my wife and to continue paying her make up pay and medical expenses, round 2 has commenced.

    Received a letter from Coles yesterday stating that they will be conducting a new Work Capacity Assesment.

    Am concerned they are trying to sneakily transition her to the new ‘plan’.

    Have contacted David Shoebridge and Injured workers – lets see what happens.

    Stan

    1. Stan

      Well the letters have come.

      1. Give us your payslips, last years tax return and employment contract.
      2. You must attend a company called Earning Capacity Assements for assement by Vocational Consultant and Occupational Physicians.

      She will have to take a day off work (without pay for this).
      I will take a days leave (cause I have plenty) to go with her.

      ANy advice anyone. Anyone know anything about this company?

      Stan

      1. Merlo

        Hi Stan,
        Have just been through all this.
        I received a letter asking for all my employment details, it read all before 2012. I started working in 1975…….. I’m sure they didn’t want all of them. Contacted my solicitor and all that is required was my last tax return. To show how much you are earning.

        As for the Earning capacity. If its for the insurer, it will be paid for. Not sure how long it will take to be refunded. My advise is tell them to book you a taxi and let them pay for it prior to going. Like wise for accommodation if needed. Even if you live 100’s of kms away.
        I presented to my assessment and was told that they had no paper work on any history about me. They are just there to do there job. I found this very interesting, more so now that I have been told that I’m capable of pre injury duties. You are required to fill in pages and pages of info prior to going, and then you get asked the same questions at the appointment. You then will be assessed on what you can do and can’t do.
        You are required to do little tasks for up to 3 minutes such as walk up and down stairs, work to the end of the office and back carrying a small box, put things in a box and then take them out. Stupid things that have nothing to do with my pre injury work. I knew when I walked out of that office what the outcome would be and I was right. To add to this I’ve not seen a copy of the report. Good luck and may the luck be on your side.

      2. Michael

        Hi Stan
        To keep it fast & simple These businesses are paid by insurance companies So for frequent business they will find other causes for injury or even twist your own words to reduce or stop the cost your partner is getting on insurance benefits.
        My suggestions are
        Think about solicitor advice before hand.
        when @ appointment Before starting get names of doctors or Consultants with there qualifications certificate / business card This way you know whom your talking too and that your not going to be a quick push over & turn around.
        Think about Recording appointment You just have to let them know your doing so.
        Have notes ready of your injury & conditions.
        make sure you explain injury & symptoms with full details & don’t let them cut you off mid sentence.
        All the best

    2. Complainers of the world make a difference

      Have you been able to ask WorkCover or WIRO how often you have to have these assessments. It seems unfair to have another one straight after the last.
      Ask the case manager via email whether the Occupational Physician is in his/her capacity as an Independent Medical Examiner (IME) where there is a minimum six months between assessments according to the WorkCover Guides for IMEs. If it is as an Injury Management Consultant (IMC) they are used when there is a problem with the return to work plan or injury management plan ie a difference between the treating doctor’s view of suitable duties and the workplace’s requirements. IMCs cannot make comment on diagnosis or the need for treatment but IMEs can comment on treatment and diagnosis.
      Find out which one you are going to because it would be interesting to see if the case manager even knows the difference and that they are used for different purposes. Sometimes they say Independent Treatment Consultant but there is no such person only IMEs, IMCs and Independent Physiotherapist Consultant (IPC) or Independent Psychological Consultant (IPC).

      1. Stan

        My last post may not have been clear (sorry about that).

        Essentially about a yearish ago, Coles had their first go at transitioning her to the new scheme.

        We lodged our request for an internal review and they said all was fine.

        Loged a workcover review and funilly enough they also said all was fine.

        Lodged a wiro request for review and they overturned it – numerious reasons.

        This was back in Feb 2014.

        Eventually Coles back paider her (they had stopped her make up pay after three months) and there we stood until a few weeks ago where Coles decided to have another go at it.

        In regard to the case manager issue, she has no case manager at Coles. All her expenses are dealt with the manager of internal workcover at Coles – who flat out refuses to return our calls.

        Stan

        1. Complainers of the world make a difference

          Hi Stan,
          Coles is a self-insurer and as such has to follow the same legislation for work capacity decisions as everyone else.
          WorkCover is the Regulator and as such has the right to investigate or ask the self insurer what they are doing.
          Make a complaint to WorkCover stating there has been no change to your wife’s condition and there is no basis for her to have to undergo another work capacity assessment. I am pretty sure these can be undertaken at any time in the claim but there would need to be new evidence to say how her condition has changed since the last assessment. Email the person who won’t return your calls requesting them to advise you what medical information they have on file that shows the need for another assessment. Make note of the times you attempted phone contact and that your calls have not been responded to. Also use the question”Who is your supervisor?” Ask for details of the person above and advise you want to make a complaint about the unprofessional nature of the lack of communication.
          If WorkCover can’t help because the insurer lies to WorkCover to cover their butts as they did in my case, then write the formal complaint to Coles self insurer division.
          You should get the union to back your wife if possible.
          Ring WorkCover 131050 today to ask about how often your wife is able to be put through this when there is no medical evidence to state she has improved and ring WIRO to advise them Coles is going against WIRO determinations/orders in trying to repeat the process etc and ask what they can do if anything to help.
          Good luck!

  68. Nicole

    Hi Mel
    Just read your post,I myself was injured at work in January 2012 tryed to return back to work but was unable to due to my job and also mulitple surgeries.Have recently been cut off due to the new law in SA .
    I dont see why your claim will be finalised unless you are fit to return to pre injury duties and also quitting might not be a good idea.You should look into getting work cover advocate and also contact the work cover ombudsmen they will give you some information on what to do.

    hope that helps

  69. Mel

    Hi
    I am at wits end!!!! I was away for work for 5 days. On the second last day were travelling on a bus for 5.5hrs with only “pit stops” t o get out and stretch the legs.That night I felt stiff, but when I woke up the next morning, I could hardly walk. Pain was unbelievable and was not looking forward to the flight/s home.
    I saw my GP and she sent me for a CT scan which showed “slight bulge” of the L4/L5 area. Maybe borderline contact of the traversing left nerve root. Shows also mild degenerative changes – age related.

    Been on Workers Comp since 24 June 14, – also on strong pain killers (Panadeine Forte, Tramadol – so not cleared to drive) sent to physio 2 x a week (which did not help) and the IMD ( which was in Sydney) and what a !@#$ he was. Said I would be there an hour – was in with the IMD for 10 min!!!!!
    What the hell can you diagnose in 10 min!!!!! Then had to wait over 5 hours at Sydney airport for the flight home. Needless to say – was not impressed at all and was in complete agony by the time I arrived home.

    Had a review with GP last week – RTW case manager also attended. Agreed on 2 hours a day for 3 days a week for the next month. GP also prescribed Lyrica for nerve pain. Gave me a referral to Orthapedic surgeon – appt 19 Aug. Gave the updated certificate to work and they said “what a waste of time – yours and mine”
    I started the Lyrica the next day – 1 morning & 1 night. Geez they knock me about – I’m off with the fairies for the majority of the day. (typing this prior to taking Lyrica) So tried to do the right thing and sent work bus schedule for my area, so they could see I’m willing to go back to work. Of course emailed everything through and typing was a “bit off” The next thing you know, I receive and email from work – “Since you can’t even type a simple email it will be a waste of our time and yours to come in next week”

    I also was notified by Workers Comp yesterday that my claim will be finalised as of 12/8/14. So now no cover for physio or my specialist next week all because of the IMD in Sydney. Will still receive payments till 28/8/14
    I really want to know if I can resign from my position if I give 2 weeks notice from today.
    This crap not just affects me but my family too and my fiance does not want me to go back
    Any help would be much appreciated :)

    1. Mel

      I will be contacting Workcover Assistance Scheme today. I have given 2 weeks notice as from last Friday.

      I received an email from work saying I will not get paid unless I’m at work. Yet there is nothing on the paperwork from Allianz stating this.
      The paperwork from Allianz states:
      Please note that this means:
      your weekly payments at your current rate will cease on 29/8/2014 under Section 54 of the
      Workers Compensation Act 1987 provided medical certificates cover you until that date;
      I have a current Workcover NSW certificate that states – 2 hours a day 3 days a week. – dated to 7 Sept.
      And as I mentioned in above post – boss stated waste of time!!!!

      Work are saying I have to use my holiday pay to cover this week and next week!!!!!!!

      This is total crap – should I be contacting a solicitor?????

      1. Rowan

        Dear Mel,
        I think you should ring WIRO in the first instance. They might be able to have a chat with the insurer first and figure out what has been going on for you. There is not a lot of information on your post to figure out from my end what is going on for you so if you want to discuss it then please give us a call here on 02 9749 7566.
        I would have emailed this to you directly but unfortunatly your email didn’t work for me.

        Rowan Kernebone
        IWSN Coordinator.

  70. Carl

    Jake & to anyone else
    The other tip I have for you is to keep a daily diary, do notes every day on what you do, how much pain it causes & how much medication you take & when. Also write down any contact (time) you have from the insurers / employer if they call you & what it was about.
    Carl

  71. Carl

    Jake
    The only words of wisdom is don’t fake pain, don’t lie & most of all STOP TAKING ANY PAIN MEDS 1 to 2 DAYS PRIOR so they see what pain you really are in not the limited pain from medications.
    I know what back is like I have had it since 2002, & worse since failed surgery in 2010. Stay strong
    Carl

  72. Jake

    Im 18 year old male. I have 3 bulging discs, and now recently depression from working at woolworths. and going to doctor for total impairment next month, anyone have any suggestions, or things they wish they knew at the start. Ur words of wisdom are greatly appreciated, its been 3 years since the injury but only going for common law now. The whole justice system is a joke, whether it be compensation, police, laws, white collar crime frustrates me. We need a big revolution, protesting, nothing gets done without action.

    1. Complainers of the world make a difference

      You need lots of treatment evidence to take to the IME for the permanent impairment assessment. If you go for this now without having seen a treating spinal surgeon you will cut off future options. If you have not seen a spinal surgeon you need to get your NTD to refer you now. If your three bulging discs are in the one area ie say lumbar, then the levels cannot be added together for the assessment. If you have no pain or impairment in the limbs such as numbness or nerve pain, loss of reflexes, muscle loss you will be lucky to get 5-10% WPI meaning there will be no section 66 lump sum and no common law. Common law only comes in over 15%WPI and in most cases that comes in after you have had spinal surgery. You only get one chance under this legislation so think strongly about this before jumping in at the moment. You can’t go for common law until you have a section 66 payment so if you take one for less than 15% you can not go for common law. Who is sending you for the permanent impairment? If it is the insurer then I would object to going until after you have seen a treating surgeon who may suggest spinal fusion. If you are sent by either your solicitor or the insurer and you have not seen a treating surgeon then tell them you might be having spinal surgery and that you would like to hold off the permanent impairment assessment until you have seen a specialist about the option of surgery. If your depression is secondary to the physical injury you will not get a percentage for that either under these laws. Who is sending you to the IME?

  73. Carl

    Trish
    I agree with you in regards to bringing this very important issue into the public domain, we all have to contact our local members of parliament, local & national news papers also the tv outlets. If these organisations get large numbers of mail they will realise that there is a story there, we as a collective have to keep this issue on their radars (repeated emails etc) otherwise they will just not look at it.
    I regularly send emails to all the above I also send them to the State Minister Mr Dominic Perrottet Minister for Finance & Services.
    All we need to do is make a template letter save it then each week copy & paste it to a list of all of the above, it does not take much to get all the required email addresses.
    This is my idea.
    Take care
    Carl – Northern Director IWSN

  74. russ

    Hi all im not even sure If this is the right spot to post im touched by all the post on hear and its a dam shame what the vic work cover is doin to injured workers so any way hear is a little bit of my story as it would take a lot to write it all down hear so hears the basics
    I met my employer in april 2014 was receiving a carers pension he offered me a job I went of pension started work
    as a commercial wood cutter cutting domestic fire wood so first he scammed me by getting me to register an abn saying it will be sub contract work but as all work was of employer/employee nature e.g all work duties were directed by him so I said ok and done so now he has breached several ohs regulations has not provided safty equipment at all poor plant equip unsafe work practices be had us cutting wood on top of piles of cut wood out in the rain hail and 30klm an hour winds he has no injury register book is making employees use heavy mech mainly jcb telehandlers with no safety caging and no training or tickets I sustained injury due to a fall in the rain while cutting wood landed flat on my back with a foot block piece of fire wood smashing into my lower spine resulting in l5-l4 minor disc bulge and a soft tissue injury to my right hand mainly a piece of tendon sticking up almost breaking the skin I reported him to worksafe and she told me to apply for work cover went for numourus ct x-rays and also the independent medical review he said I had back injury but that will heal and then tried to tell me the soft tissue injury to my hand I made up in my mind wtf you can see it sticking out it almost made a physiotherapist fiscally sick as they tried to send me to physio but even he said I could not do it and because im a rough looking bloke big holes in my ears and never done well at school they keep trying to belittle me in ways im due for my answear this week on weather I get my workcover but I dont think im going to go well every one I told about this and showed photos was disappointed and appalled at my employer but yet I can see him getting away with it unfortunately he has been reported for breaching his due care to employees being a sham contractor unsafe work practices unsafe plant equip and many other things so yea im lost as what to do next I have to see a laywer this weeks I was advised to any way thanks all just want to share my most recent experience and say how it is a shame that the employers can cut corners and cause harm but when we the workers try to do the right thing its like they want to persecute us for it I say shame on workcover and our so called government thanks all russ

    1. Rowan

      Dear Russ,

      Thanks for sharing your story. I agree with you totaly. I’m presuming you live in Victoria. We have a sister organisation in Victoria: Injured Workers Group of Victoria http://www.iwgvic.org phone:(03) 9460 7592. They provide a similar service to us in NSW. there is also Union Assist http://www.unionassist.org.au phone: (03) 9639 6144 who may be able to steer you in a helpful direction.

      With Regards,

      Rowan Kernebone
      IWSN Coordinator.

  75. Trisha

    I have mentioned before on this website and wish to again bring to your attention that there is something all of us can do. We have repeatedly spoken about what seems impossible. e.g fighting the system, or making those who can do something act towards bringing about policies that can be more just and humane. Why don’t we, collectively come together, and bring our plight to the attention of Change.org? We just need someone like Mako and others, who have the ability to put forth the reality of the suffering of Injured Workers Plight in words. We have many brilliant mind who can be found among those who write their sad stories of injustice on this website. Why can’t we rise-up and do something so simple as bringing this to the attention of the public, who have the power, by their sheer number to help changes policies that can accommodate the need of the injured workers and call for more humane treatment? Do please consider this suggestion for the sake of all of us. You can check out their website and will be amazed as to how much they have achieved. When we confess with our mouths, ‘we are done’, then we ARE done. Let us live with hope always. where there is no hope, let us create hope for each other.

    I was put off work in 1998. My final settlement was reached between me and my employer’s self-insure Insurer in 2003. Five years of hell as it were. I could have been written off and send to Nursing Home and finally written off. It became a case of personal vendetta of the Insurance Manager (who was a friend of my Dept Mgr). I refuse to sit back and take it. The Insurer used a Cyst in my shoulder of which I was not advised of, and began to cause enough damage to the extend, where I needed personal care. They had hoped it will take me down. It almost did. My family, took me overseas and had me assessed independently. That is where I learned of the cyst in my right shoulder. Though my case has been settled, Deed of Release signed, WC Insurer seem to possess the power to abuse, threaten, bully etc mostly using the access to my phone and computer (Cyber Crime). I have reported this for investigation to Federal Minister, WorkCover NSW, etc. only to be advise I report it to the Police. Police refer me to the Mental Health Dept. So what other way is there for us, other than bringing our plight to the attention of the public? SO LET US Change.org

  76. Rhiannon

    Hi I’m new to this page I have been on workers compensation for about 7 months now.. i am off on a mental trauma.. 4 yrs of sexual assault combined with bullying, victimisation, intimidated and constantly harassed as it was my superiors doing it I felt helpless to report it and was threatened if I report there’s the door.. i was living by myself had no other source of income I felt helpless 1 year went by my attacker left my job site.. i was ecstatic I was free again… to my horror I found out he was coming back as my team leader the person employing him back was once involved as well… i was mortified… The abuse continued and was a bit worse being in a superior role… i had to go off work I couldn’t handle the thought of going into work anymore I finally conjured up all my yrs of evidence and took it higher then ever before I finally found someone who would listen to my report a female how ironic?… The attacker was stood down and managers were quitting left right and Centre… I’m still no better 7 months on I still can’t sleep horrible nightmares most nights the culprit was stalking and harassing me at my house address for a while but I got the police involved and that stopped.. i never asked for this all I wanted was to do my best at work everyday to 110% of my capabilities then there is always one dick head in a workforce isn’t there?
    Any other women in the same vote?

  77. Marko

    Att: Moderators, it appears that some posts on here are not coming through on time as I just replied today to a post I hadn’t seen before the 5 days ago in which it came through as if t had been on hold or something and most of my replies have come through on time. why the delay on some people’s stuff but not the rest? It only adds to the conspiracy theories a lot of us are worried about, where we can’t even contact one another through sites like this because it seems the WC is watching our every move. I don’t say this lightly, as I am sure they are watching sites like this in particular, with all their lawyers on their back just waiting for someone to slip out something to help them in their case. If we aren’t already isolated enough as it is, we now have to watch what we say on the only real help we have. Do you actually screen people here to see if they are real or can anybody just join? I have a feeling the insurance companies are already onto us undercover and are continuing to isolate us into a state of loneliness and despair. Tell me I’m wrong, please, as I honestly think they are becoming like the FBI and pretty much have us targeted.

    1. Trisha

      I agree they are watching. they know every online report I do and try to stop. Cyber Crime against me for some reason does not get investigated. My WC Ins case has been over since 2005. Deeds of Release was signed through arbitration of WorkCover NSW. But their crime continues to this date. Communication Minister, WorkCover NSW advise I go to the Police. Police is quick to refer me to mental Health Dept at Local Hospital. Now, How do we battle for justice and Human Right?

  78. Marko

    Unfortunately venting on the internet only riles me up even more. I closed my Facebook account years ago and even tried to unsubscribe from forums because I felt even more stressed after having my piece said. Talking to strangers in the hope that someone can offer advice to help you out is okay in the first couple of months, but after a year of going from crisis to crisis you just get repeats of the same advice that either didn’t work, wasn’t applicable, was just totally irrelevant or has already been done. Good intentions out there, but unfortunately there just aren’t any solutions. It is easier to get financial and emotional support if you are on Centerlink payments, worker’s comp puts you into a dead zone where everything just stalls, your entire life is on hold waiting for a miraculous cure or something to break, like your will to keep fighting. Jumping on the bike and going for a good ride to get the blood circulating is far more stress relieving, but unfortunately, just like the internet it offers no answers. I wouldn’t even know how Twitter works and really don’t want that headache. It won’t do me any good because my internet & phone are going to be disconnected after this weekend because i can’t pay the bill. Sucks to be out of work, stuck on practically minimum wage for 6 months and not get access to government welfare support.

  79. Michael

    Marko the only other thing I do for stress relief or venting is I have setup a Twitter account I recommend it & I think you like it too if you haven’t done this yet. Also @johnMcphilbin & @Adam_Grumley & whom ever you want to speak or vent to you can send to there account e.g. politicians

  80. Jamie

    Holy crap. I’ve just spent 2 hrs reading all the stories. I’m still a little confused and scared on how to make something change before they cut my payments which they’ve said they’d do if I didn’t return to my rehab work.

    Im 26, I’ve torn one of my discs in my lower back which gives me the neurological leg pain. The pain is not excruciating, but my pain tolerance is great. I mean, I’m covered in tattoos so I can handle a little pain. But I’m so sick of being asked “on a scale of 1/10 how bads the pain” surely they can’t be serious?! Did they even write the book of pain tolerance? I just say 4-5 every time. Sore, but I’m coping. I’m sure I’d go to work with a broken leg before I knew I shouldn’t be working. But this is my back. And it’s scaring the crap out of me.

    My professional doctors visits:
    First doctor said that the only way to fix this is by surgery.
    Had two weeks of paid by boss, not workcover
    Went back to see Doctor but was on holiday so I saw another doctor
    Gave me another week off
    Went back to this doctor
    I said I will return to work cause I feel back in shape (lied, because I was worried about bosses money. He was always saying this is losing him money)
    Back to work for 4 months
    Got bad again
    Went back to doctor
    Wrote workers claim form and said I needed 4-6 months rest
    Didn’t work for 3 weeks
    Boss rings me to see how I’m going
    Boss didn’t like the fact I was doing nothing and said he’d ring work cover to change that
    Work cover rings doctor to change the comp form so i can work while seeing physio
    Rehab officer meeting
    Working small hours at some other company
    Back pain intensified after a month there
    Didn’t return for 3 weeks
    Work cover made me see a specialist at a place called medilaw
    Walked out not knowing who he was and didn’t recommend any treatment plans
    Call from work cover threatening to cancel pay if I don’t return to rehab work

    None of this rehab crap is working. I feel better doing my physio at home and resting in my own festivities.
    The words they constantly scream are obligated and statistics.

    I rely on this crappy weekly wage I get because my partner makes next to nothing working part time at aldi. I guess I have no choice. If anyone is able to send me info on what I should do next but not putting my pay in jeopardy that would be great. I’m so lost with this.

    1. Marko

      I am so sorry to hear how the system has treated you. It sounds typical to me, they treat you like dirt.
      Unfortunately there is little you can do, whether you can do a bit of work or none at all, the system is set up to take your only means to survive away so that you are forced to go back to work to survive. I would comply, as if you don’t they will sure enough cut you off altogether, but if the pain is intolerable you simply go back to the doc and tell them. Unless the doctor says otherwise, Workcover will presume you are capable of anything. Reading your history here it looks like you are going on about 7 months or more with this and they still haven’t sent you for surgery as first recommended? I would be telling the doc to send you to see a surgeon or at least a qualified specialist in that field before you end up doing more damage. If it ends up getting worse and irreversible, you will be much worse off than having no income at all. It’s the long term picture that really needs to be addressed with back injuries, even if short term pain is required.
      BTW, the Workcover organised doctor isn’t there to give any medical treatment or advise, they are only there to give Workcover a reason not to pay you any more. I got screwed by a specialist who wrote a report to my GP saying something that changed his mind to clear me fit for normal duties, even though this “specialist” wasn’t even in the right field of medicine [a neurologist overriding what an orthopedic surgeon has recommended for a tendon and muscle problem, go figure].
      All the best and don’t be too brave, let the pain figures tell the truth as you won’t get any sympathy from anyone in the system.

  81. Marko

    Thanks Michael, unfortunately my Doc hasn’t got a clue, he’d just refer me to physio. Unfortunately I don’t have access to one now seeing that the insurer has bailed on me. The state of our local electrical trades means that even the wholesalers have been laying off staff. In the A.C.T, volunteer work means the employer needs to pay for your worker’s compensation insurance, so it actually costs the employer to hire you. That means unless you are really good at something or are willing to pay, even volunteering to get experience is very difficult here. Talk about a sucky system where it costs you to work!!! I’ve written to local MPs and the Feds. All you get is the usual feedback and no real help at all. Call me pesemistic, but that is the reality of things.

  82. Marko

    OK! I’ve just been hit with the sledge hammer that is the the WC system. This time it is REAL. I thought today it was just a normal doctor’s visit to update my med cert. How wrong I was. For the second time, the rehab co brought along a “specialist physio” to bring their recommendations for treatment. How wrong I was. Last visit the rehab people recommended physio to help me get back to a pain free work ready state. A second opinion from a different orthopedic surgeon was requested along with pain management, it all sounded good and the Dr agreed to lift my “non-repetitive use” bit from the certificate. Now, less than a month later we went through the same procedure, with different “physio specialist”. This time they delivered a report from the nerve specialist which I hadn’t seen nor had the doctor. It looked as though the insurer had organized this instead of getting a second opinion because they declined to pay for one. Apparently whatever was in this report, plus what the rehab folks were asking, was enough for my GP to clear me fit for normal pre-injury duties. Whilst the GP was filling out the clearance he was telling me that it was up to me to make sure I didn’t apply for jobs that would aggravate my injury. Does anyone here understand that? “You’re right to go and get a job, but if it is too hard, avoid it”?
    To me it smells of total “wiping their hands of me”. The rehab specialist when questioned about my lack of strength training just quoted the nerve specialist in saying that I didn’t have any muscle atrophy, so I should be right to heavy work and wouldn’t injure myself, and if I did get hurt they [insurer] would still look after me. Yeah Right!
    Everything came out in the wash later, after I’d sent through a request for that nerve specialist report. Apparently, instead of getting the physio, pain management and added psychiatric help I and my doctor requested, they just gave me a list of “free” or bulk billed services I can access, like I had just become a welfare leech. They aren’t going to pay for any more treatments even after being requested by my GP. What the #u*!…… I just got dumped in the trash pile. BUT, they still want me to fill out weekly job seeking reports!
    LOL. I think I’ve just been had. What’s the bet they’ll be telling me in the next few weeks I have to go onto Centrelink payments. That thought is so sad I’m not even going to go into it.

    1. Michael

      Hi Marko,
      In my case my rehab provider organized a work trial in a suitable position for me
      Starting with reduced hours per day and then increasing until full hours or pain increased. Also record process in a dairy for your reference.This way YOU know what YOU can do & Then YOU can adjust your WC certificate with YOUR DOCTOR according to your condition.
      however it’s along road/ goat track ahead of you/us.

      1. Marko

        There was no work trial, they didn’t do stuff all to get me a job. The rehab physios were the ones pushing this agenda and they have pretty much forced the doctor to say I am fit and healthy, meaning I can go straight back to full time work in any job, regardless of how strenuous it is. Although they were promising physio for the last month to help me with strength training and pain management, that is all out the window as they confirmed I am now not going to be receiving any medical benefits whatsoever because I have the clearance from the doctor.
        So, now I am going to be looking for work in my full capacity, even though I haven’t lifted a ladder or drum of cable in nearly a year. How long will I last on my first day with unconditioned muscles? Like I said, they got me off their books now…I am on my own.

        1. Michael

          You can do your own exercises at home. Ask your doctor for exercise examples. And ask your local shop even a nearby electrical wholesalers for a work trial even part time work.or even reduced hours helping a nearby electrician. Bottom line is YOU/we need to look after ourselves until laws/policies are changed. It might be better off writing too local , state. & federal governments instead As I’ve told you before it’s about adjusting & using what you have around you. Alot of people are in the same boat I,m getting along with my life to the best of my abilities.

        2. john

          A worker can still be covered for medical whilst they are back on pre-injury duties. This also cover Physio. i’s classed as a medical only case.

          1. Marko

            Hi John, thanks for that. I don’t know if it is going to help much now. I have been back at work, full time for four months. Every day I am reminded of my injury due to the pain, aching, tingling, pins and needles and whatever else I end up with. I just have to keep putting up with it because it is the only thing keeping a roof over our heads and food on the table.
            Things have taken a serious twist recently though. I was putting up with back pain for about two months, not seeing a doctor mainly due to the need for money to pay bills. When I finally ended up going two weeks ago I have since been diagnosed with 2 x disc herniation in my lower back, meaning plenty of pain and a trip to a neurosurgeon. All I wanted was to be able to work for another 6 months until my wife could finish studying and get a full time job. Now those plans are out the window as I haven’t been able to even drive to work without pain and eventually going back to doc today for stronger pain meds to keep me going till the specialist appointment. I haven’t any sick leave, holiday leave or anything at all to fall back on as I used it all up in the last 18 months of hell. Worse yet, this isn’t worker’s comp and there aren’t any alternatives to just quitting work altogether if the pain killers can’t keep me going till I find out if there is a magical miracle cure, which doesn’t sound like happening in the next century or so. I am the sole income earner, I want to work, but age is against me and it just isn’t fair.

  83. Marko

    I cannot believe how few visit this website there are,or at least contribute to it. I just checked and for the last 3 months there has been no replies to any of my grievances or answers to my questions. This is supposed to be a support network but it seems there is nobody here to support the people who need it. Perhaps it is the fact that none of us has any real power or capacity to support each other considering the issues we all have.
    Sorry for sounding negative here, but none of us really feel positive with what we are faced with. At least some of us could be a little pro-active?

    1. injured workers support

      Hi Marko,
      Currently IWSN is being manned by volunteers so responses have been slow.Working on some info for your replies for posting!
      Thanks for your contribution.cheers,IWSN

  84. Marko

    Regarding Consumer Credit Insurance – Has anybody ended up on WC and tried to get consumer credit insurance to take care of loans? I was advised of this option through my automotive finance lender and soon sent all the required paperwork to the insurer to claim under disablement. Apparently, it has now after three months, been reviewed and they are refusing the claim because I am allowed to work full time, even though it is on restricted duties.
    Here’s the bit that has got me infuriated – I can also claim under my policy for involuntary unemployment. As I was pretty much sacked because there was no suitable work for me, I am by definition qualified to claim for this. Unfortunately, even though I am unemployed, I cannot claim without someone from Centerlink signing the paperwork and showing that I am unemployed and actively looking for work. I can’t register with Centerlink because I am under WC payments which exceed the cutoff, even though I am only getting 65% of normal earnings.
    Basically, if I wasn’t in the WC system, I’d be right, but due to the complex situation I am stuck in, I can’t get help from anyone, anywhere and things are getting worse by the day, both financially and psychologically.
    It’s enough to make a grown man cry.

    1. Marko

      EDIT – At the start I meant claiming on existing CCI policy, not taking out a new one after the fact. They originally accepted the request and paid my repayments, now after review it’s all over.

  85. Linda

    I worked for the state of Mo. I had received a serious back injury and was placed on disability. Initially when I injured my back I went to my doctor ( my supervisor knew) because I was hoping this was something very simple. I was a supervisor with the Dept. for 20+ years and also known as one of the safest ones out there. Upon going to my Dr. he ordered MRI of my back and told me that there was no question about it that it was work related and that I needed to file the paper work which I did and was denied WC. At the same visit my dr noticed that something else was wrong. He had me take a test and said that I was severely depressed. He started treating me for this and after months of being treated by him with out results he sent me to a psychatrist and he began treating me. After approx. 1 year of being treat for depression with no results I was sent to a psychologist, After many appointments with him he determined that I had work related PTSD. I informed my lawyer but did not file a claim with the Dept. because I thought that since I was on disability turning this over to my lawyer was the right thing to do. Not to get to graphic by at my job to see a decapitated head and or mangled body at least once a week was not unusual. After so many years of coping with this I didn’t realize there was anything wrong. I have been fighting with the Mo Dept ever since. I have not received ANY WC payments. I had my “trial” on march 25 and the final briefs had to be in by April 22. Should I have reported the PTSD to the Dept or did I do the right thing handing it over to my lawyer. I still have heard nothing from the court on any thing in my case. My Lawyer said it could take 30-60 days before we heard anything.

  86. jason

    Hi was wondering if anyone knows a sydney based senior council that practises northern territory law. I was attacked by a crocodile & shot through the elbow by my rescuer wwhile working for the darwin crocodile farm january 22nd 2008. As a result i have a prosthetic right elbow and have been assesed with a 34 percent imparement. My legal team were telling me i should get a payout of 1 million for damages and future elbow replacements ( im 36 ) and now they are telling me if i dont take less than $500,000 the insurance company will drip feed me. My lawyer and barrister keep lying to me. Please help.

  87. David

    Help
    I am working in Warehouse Company NSW about 7 years. I had injury for my L4/L5 Disc in December 2013. I claimed my injury in Jan 2014. It is pre-injury case for QBE. Now I return to light duty work 4 hours, 4 day a week (WorkCover NSW certificate capacity). But my employer said they only have 3 hours a day for the light duty job for me. I lost pays 4 hours money each week.
    My question is:

    Dose employer legal right?
    If not, what should I tell my rehabilitation provider ?

    1. injured workers support

      Thanks for email – will contact you directly with a reply

  88. Marko

    I’d like to hear from someone with a bit of insight or experience with vocational retraining/job seeking under worker’s comp. I had some possible job opportunities that fell through recently, but had they been offered there could have been serious implications I have been dreading.
    Say I got a job, full time, that was 8AM – 5:30PM six days a week. Yeah, it is only paying $18/hour for argument’s sake. Now, seeing that it is my obligation to get work due to the insurance companies policy and WC etc., if I couldn’t get to work on time because public transport doesn’t run that early, or if I couldn’t get child care for my kids after school, would I be correct in saying that the insurer could cut me off from receiving benefits altogether because I didn’t take the job? I was alerted that this may be the case today and it scares me s#!^less because if I was offered a ridiculous job that I couldn’t attend due to above reasons, I’d lose all my benefits just because it was physically impossible to attend the work no matter what I did [leave a 6 and 9 year old to fend for themselves and be charged with negligence, or steal a car so I can get to work on time]. What a load of rubbish that is. They expect me to look for jobs within my medical limits but not within my financial limits or care responsibilities? Talk about lowlifes. Where is all this written, where are the rules because they aren’t in the Worker’s Comp legislation so who makes these rules up?
    It makes one think twice about actually trying their best to get out of the WC system when the rules are used against you to your disadvantage at every turn.

  89. Marko

    Another medical certificate update and another useless event in my future. I found it surprising that my rehabilitation coordinator wanted to have all my medical restrictions lifted, even though nothing has changed in my condition except that there were more test results that proved and disproved some of the causes of my discomfort. I would say there has been some pressure from the insurer to get something done to get me off their books. Oddly, even though they requested pretty much a full clearance of fitness, they also wanted further physio treatment and a second opinion from another specialist. Something smells rotten there. Anyway, the Dr. was on my side and said no to clearing me fit for normal work, fearful I’ll injure the same arm again, but was convinced I can now return to repetitive tasks. That won’t be easy. Not that it helps with job seeking which has been totally fruitless to date anyway..

  90. BRANDI

    HELLO MY NAME IS BRANDI
    I LIVE IN MORENCI, MICHIGAN.
    IN MARCH OF 2012 I STARTED A NEW FACTORY JOB IN OHIO. I THOUGH I NEEDED A CHARGE IN WORK BECAUSE FOR THE LAST 12 YEAR I WORK IN HEALTH CARE. WELL ANY WAY I FELT BURNED OUT WORK IN HEALTH CARE. SO I WANTED SOMETHING NEW, DIFFERENT.
    THERE WAS A COMPANY IN OHIO THAT WAS HIRING FOR OHIO FACTORYS SO MY HUSBAND AND MY SELF APPLIED AND (NEVER THOUGHT I WOULD GO THUR WHAT I HAD TO) WE GOT HIRED AT PLACE IN THE NORTH OF OHIO (SORRY CANT GAVE NAMES) THAT WAS A VERY SMALL FACTORY WITH NO MORE THEN 30 PEOPLE EMPLOYED THERE.
    THIS COMPANY NEVER GAVE US ANY SAFE GEAR OR RULE OR IN THING. THEY JUST TREATED US LIKE WE BEEN THERE FOR YEARS. AS HE DID THAT I WAS LEANED OVER TO PICK UP A PART TO TRY TO FIGURE OUT WHAT I NEED TO DO.
    AS I GOT UP ONE MORNING AT 5:00AM TO START OUR 3RD DAY ON THE JOB.
    THEY PLACED ME ON A TAPPER PRESS THAT WAS PLACED AT THE VERY FIRST FRONT OF THE SHOP WHERE I WAS WORKING BY MYSELF EVERY ONE ELSE WAS AT THE BACK OF THE SHOP. LET ME REMINDED YOU I HAVE NEVER RAN ONE BEFORE IN MY LIFE. HE TOOK ME OVER TO IT AND THE SUPPERVIOR PLACE A PART IN THE PRESS LIKE HE DONE IT A MILLION TIME BEFORE, HE DID IT SO FAST I DIDN’T EVEN SEE WHERE HE PUT IT OR HOW HE EVEN RAN THE PART, AND WORK AWAY.
    NEVER ONCE DID THEY EVER TELL ME TO PULL/TIE MY HAIR UP OR ANY THING. MY HAIR WAS VERY LONG PASSED MY BUTT AND I WAS WEARING IT DOWN THAT AT WORK NEED THINK OF WHAT WOULD/COULD HAPPEN.(THE NIGHTMARE FROM HELL)DID HAPPEN TO ME AS SOME ONE WALKED UP BEHIND ME AND FLIP THE FAN TO ON. THE FAN BLOW MY HAIR RIGHT IN TO THE PRESS AND THE PRESS GRABED MY HAIR SLAMIMG MY HEAD RIGHT IN THE PRESS.AS IT WAS GRABING/RIPPING MORE OF MY HAIR IT WAS SLAMMING MY HEAD EVERYWHERE IT COULD.
    IT HAD NO E-STOP SO I HAD NO WAY TO TURN THE MACHINE OFF OR ANYTHING, AND NO ONE AROUND ME TO HELP ME. I THOUGHT I WAS A GONE THAT WAS THE WAY I WAS GOING TO DIE. I TRIED EVERYTHING POSSIBLE THAT I COULD TO GET FREE BUT IT JUST KEPT SCALPING ME MORE AND MORE ALL I COULD THINK ABOUT WAS MY KIDS AND MY HUSBAND I WAS I SCREAM AND BAGGED GOD TO LET ME HOLD/KISS MY CHILDREN ONE MORE TIME FOR 7-10 MIN BEFORE ANY ONE EVEN HEARD ME FINALLY THIS 19YEAR KID CAME AND UNPLUG THE PRESS FROM THE WALL 10FT BEHIND THE PRESS.
    FINALLY AFTER ABOUT 12 MIN THE SUPERVISOR AND TEAMLEADER CAME TO HELP ME. AFTER THEY GOT ME FREE FROM THE PRESS THE MADE ME GO IN THE OFFICE AND FILL OUT REPORT LET ME REMINDED YOU I WAS SCALP 80% OF MY HEAD BLEED POURING OUT MY HEAD ALL OVER, I COULDNT SEE THE BLOOD WAS IN MY EYES. I WAS IN VERY BAD SHOCK DIDN’T KNOW WHAT I WAS DOING I PROBBLY COULDN’T EVEN TELL YOU MY NAME. ALL I COULD DO WAS BEG THEM TO GET MY HUSBAND BUT THEY TOLD ME I HAD TO GET THE REPORT DONE FIRST. I TOLD THEM I CANT I NEED MY HUSBAND AND A DOCTOR FAST. SO THEY WENT AND GOT MY HUSBAND AND ALL I COULD SAY TO HIM PLEASE HELP ME THEY ARE HERE TO TAKE ME HOME (HEAVEN) THAT I NEED TO GO WITH THEM NOW (I DON’T REMINBER ANY OF IT) SO HE TOLD THE SUPERVISOR HE NEED TO GET ME TO THE HOSPITAL THEY TOLD HIM NO THAT HE NEED TO GET BACK TO WORK. WE NEED TO MONEY WE HAVE 3 KIDS AND COULD LOSE THE JOB WE NEED IT TO FEED OUR CHILDREN. HE THOUGHT THEY WOULD CALL 911 AND HE’LL MEET ME THAT AFTER HE GOT HIS PART RAN, BUT THEY DIDN’T THEY MADE ME DRIVE MYSELF TO A HOSPITAL THAT I NEVER EVEN BEEN TO BEFORE IN MY LIFE AND THEY SAID I REFUSED TO HAVE THEM CALL 911 TO TAKE ME TO THE LOCAL HOSPITAL THAT I WOULD DRIVE MY SELF THERE (REALLY) I COULD EVEN TELL U WHO I WAS, LET LONE I HAD SO MUCH BRAIN INJURY I COULDN’T EVEN SAY MORE THEM 2WORDS AT A TIME.
    BUT I DROVE MY SELF TO A HOSPITAL THAT I HAD NO CLUE WHERE IT WAS OR HOW I EVEN GOT THERE BUT I HAD SOME ANGLES THAT SHOW ME THE WAY I GUESS (IT THE ONLY WAY I COULD THINK HOW I GOT TO THE HOSPITAL THAT MORNING) AS I AM DRIVING MYSELF THERE THEY GO BACK AND TELL MY HUSBAND I REFUSED AND TOOK OFF FOR THE HOSPITAL MYSELF. THEN HE LIKE DON’T WORRY I HAD THE TEAM LEADER FOLLOW HER THERE. MY HUSBAND LIKE UR JOKE RIGHT AND HE LIKE NO WHY WOULD I EVEN JOKE ABOUT THAT. MY HUSBAND BLOW UP TELLING HIM YOU LET HER DRIVE HER SELF THERE HE LIKE SHE REFUSED. NEEDLESS TO SAY MY HUSBAND TOOK OFF WALKING TO THE HOSPITAL BECAUSE I HAD THE CAR.
    ANYWAY LONG STORY SHORT I SUFFERED WITH
    SCALP LACERATION, 80% HAIR AVULSION, CLOSED HEAD INJURY, POSTTRAUMATIC STRESS DIS, MAYOR DEPRESSION, MAJORS HEADACHES ( I DON’T THINK A MAJOR HEADACH EXPLAINS OR EVEN COMES ANY WHERE CLOSE TO WHAT I GO THUR ON A DAILY BASIC AS I LIKE TO CALL THEM MAJOR BRAIN PAIN) THAT I FEEL ON A DAILY BASIC,NECK PAIN THE JUST ACHES. I CANT GET OUT BED FOR DAYS, ALL I DO IS CRY, YELL,THROW THING. I CANT HELP IT I PRAY TO GOD EVER DAY TO TAKE ME HOME EVER MORNING THAT I OPEN MY EYE, I DON’T WANT TO LIVE ANYMORE I CANT TAKE THE FLASHBACK,PAIN,NIGHTMARE I COULD GO ON AND ON BUT I WONT.
    I NEED HELP!!!!!!!!. I FEEL LIKE NOONE WILL HELP ME, I HAVE NO WHERE TO TURN ANYMORE. NOONE UNDERSTAND I FEEL LIKE EVERY THINKS I AM A NUT JOB I HAVE LOST IT. ALL MY FAMILY TURNED THERE BACKS ON ME WHEN I NEED THEM THE MOST I ALL WAY THOUGHT WE HAD THE CLOSE FAMILY EVER. (NOT NO MORE THEY HAVE TALK TO ME SEEN THE INJURY) THEY THINK I HAVE LOST IT. MY HUSBAND CANT WORK BECAUSE I AM ALL TRY TO FIND WAY TO HURT/KILL MYSELF OR SCARED I BURN THE HOUSE DOWN BECAUSE I TRY TO COOK BUT WALK WAY AND WITH ME FORGETTING WHAT I AM DOING I FORGET ABOUT THE FOOD THAT I COOKING (I CAUGHT KITCHEN ON FIRE 3 TIME NOW) IT HAS ENDED US HOMELESS 3 TIME NOW SINCE THE INJURY I GET A WORKER COMP BUT I SEEM LIKE THEY SEND ME MY CHECK WHEN THEY WANT SO I CANT COUNT A DAY THAT ILL GET ON. I AM IN REALLY IN NEED OF HELP IS THERE ANYONE THAT CAN TELL ME HOW I CAN GET SOME SUPPORT,HELP,ASSISTANCE, IF THERE IS ANY THING OUT THERE LIKE THAT

    1. Complainers of the world make a difference

      Hi Brandi,
      This is an Australian website so our laws are different. I looked up your state and you might be able to get some advice from the government website for workers compensation. If you worked in Ohio go to https://www.bwc.ohio.gov. There are government contact details for advice for you. Get you husband to help you if you don’t feel confident.
      In Australia we can contact the government department to ask them for some advice or help when the insurance company does the wrong thing. We also have solicitors/lawyers who have don’t charge if they don’t win. I don’t know what you have there but it seems to me you do need some legal advice.
      You have not lost it, you are suffering from your injuries as well as the psycholgical/psychiatric aspects of PTSD.
      In Australia, workers compensation will cover treatment and can provide a carer support for so many hours per day. If you can contact the Ohio gov website you can ask whether you might be able to get a carer as part of your workers compensation. That would allow you husband to work and to get out of the house without worrying about you.
      My workers compensation covered my psychiatrist and my medications and I went into a private mental health ward till they got all my medications right. I am not sure what your insurer covers but your doctor should know and should be able to refer you to a mental health specialist so you can get treatment under workers compensation.
      Please look after yourself as you are important to your family and it was not your fault your employer was negligent. You have done your best to get through a very terrible time in your life and not many people could do that so you must have real courage in your heart.
      Hope this helps.
      Good luck Brandi!

  91. Paul

    Hi Guys,

    Alot of stuff to get through in the above, (concentration cant handle that much reading)
    Im in QLD, a CRPS sufferer from an accident in 2011 and workcover will soon close up.
    My condition has not improved but got worse the pain as im sure alot of you are going through is ridiculous.

    I saw something above about a NSW workcover class action. Is there one taking place in QLD ??
    we really need a QLD class action set up too, these sharks without remorse need to know this lack of treatment and covering their asses instead of helping the injured isnt acceptable.

  92. Marko

    With the [hopeful] prospect of getting a job now that I’ve had an interview finally [still no reply of acceptance though], I spent an hour on the Centrelink website calculating how it all washes up if I got part time work. The result is, if I got up to 20 hours a week of work, I’d be $11 a week better off, but that doesn’t include costs of travel to and from work or before and after care for our two youngest, if required.So, I’d actually be financially worse off by a lot. If I got 30 hours a week it is less than a hundred in my pocket, before transport and childcare. So, in reality with this situation, I’d be working for just over $3/hour and have to fork out half that in transport and childcare. WOW! Where is the incentive to find work when the whole system is set up to take away half your family benefits as soon as you put a child into care?? They talk about dependance on welfare, but this is beyond a joke when I’m better off not getting a job!

  93. Kris

    My best mate Dave injured himself four years ago.
    I decided to make a short documentary film.

    http://www.youtube.com/watch?v=v43P787cvc8

    Thanks for watching
    Kris

    1. council worker

      hi .i have watched your utube video and have and am still feeling exactly what you are going through. I am awaiting surgery in which the insurance co have been disputing this for months now. it is criminal for these people to leave us in an awfull situation after an injury. I also have a son and grandson in which we are a very close family.but I too cannot do things with them and the pain I’m in restricts me to lying down and taking heavy meds just for relief. thank u for putting your awfull situation out there. I do hope you get some relief in the future.

    2. Marko

      Great but sad video and it hit my heart as we are the same age too. Enjoying your kid’s life by participating in their activities is one thing that gets destroyed by this kind of thing. Where is the compensation for the suffering that not only the injured worker goes through, but the rest of their family as well? I can say I am fortunate in that I am not in that kind of constant pain, but the psychological injuries nobody sees are just as crippling. Again, very eye-opening film and I wish Dave the very best in his hopeful recovery.

  94. Kristen

    I injured myself in 2012 and still suffer with workcover and workcover corruption to the point even my lawyers went corrupt forcing me to disengage them..I injured myself in agedcare I twisted to my right my colleague failed to assist in a 2 person transfer I felt my right side of my body burning .i have 3 hernias in my spine hip impingement and bursitis in right shoulder I have pain related depression now as well…my life a misery and to top it all off I too have not been paid for 2 years…and my work tried to pin a conversion disorder on me and pay me no section 43 but I adjourned court and said to the judge where has my injuries gone …my treating psychiatrist says I do not have this disorder..I now tool out my superannuation to fund my own doctors to try and prove my injury which my lawyer failed to do ..am I alone in this ..and workcover says they accept all my injuries sooooo where is my money

    1. Paul

      Hi Kristen,
      Im sorry to hear about your troubles. Your psychiatrist wouldnt happen to be a Dr. XXXX would it ?
      us in QLD need to find others alike an set up a serious class action against the corruption.
      They have accepted my inability to work at all, yet claim im only 7% physically impaired and 10% psychologically impaired – go figure, in actual fact im in pain from the moment I wake up to the moment I go to sleep, if we keep allowing them to walk over us then they will continue to do so.

  95. Carl

    After reading the transcript of the
    Inquiry into review of the exercise of the functions of the Workcover Authority,
    I have read the document & I would like to comment on the section regarding the answers the heads of workcover gave regarding the review into the work capacity guidelines.
    Workcover has had a group of stakeholders (insurers & self & specialised insurers only) formulate a draft an amendment “as per the agenda 1st May of the Safe Work Australia Workers Compensation Significant Issues Group meeting regarding the guidelines of work capacity decisions.
    This draft review has been done by only the “stakeholders” & this will determine how if & any changes will be made, this draft will then be broadened to other stakeholder groups (the AMA,workers representatives or unions) which will be at the end of this month.
    The fact that workcover has had a review into the guidelines of the work capacity decisions tells you that the guidelines are flawed & in my opinion are unfair to the workers they effect. The fact that workcover has had this review without the main stakeholders (us) is unfair as these guidelines effect workers not the insurers. Once the draft has had it’s review by the other stakeholder groups there is no commitment by workcover to adopt any changes that the other stakeholder groups may think required?
    If workcover is serious about fixing the work capacity decision making process then they need to adopt a full consultation approach with every stakeholder group at the initial stage of the review. BUT AS PER USUAL WE DO NOT COUNT & WE HAVE TO LIVE WITH THEIR DECISIONS WITHOUT ANY INPUT.
    Have a read of the review & see if you agree, there are many other points to be commented on for later posts.
    Carl

    1. Complainers of the world make a difference

      I must read this as I have read the work capacity guidelines and they are almost exactly as stated in the actual legislation so we do need some input if there is to be a draft amendment as this will need to be put to Parliament before it can become law. I wonder if they took any notice of the WIRO report as he found it unfair that the insurers are using in house lawyers for work capacity decisions.
      .

      1. john

        Your wrong. Lawyers are not used at all for making capacity decisions. I don’t know where you got that fact from.

        1. Rowan

          The legal department of insurance firms do have a role in the capacity decisions. In an advisory role if not a stronger one. They are also used by the insurers in the review of the work capacity decisions and in the replys to Workcover NSW and WIRO when submissions are made. where do these facts come from? Mine come from the signatures and a brief look at the NSW law councils online solicitor registrations.

          1. John McPhilbin

            Agree, WIRO even confirmed that lawyers were being used to advise on work capacity decisions. Hence the outrage that injured workers were at a distinct disadvantage because they cannot get legal advise in challenging work capacity decisions. Unless they pay for the advise, which few injured workers have the financial resources todo. The system is weighted heavily & unfairly on the side of insurers. This, in my opinion, has led to unethical behaviour of insurers in readily denying benefits & treatment without proper consideration of medical facts

  96. Kevin Parker

    Hello. I am an injured worker so the stories people are telling are not a surprise to me. My solicitor said that if I had received my back injuries in a car accident he could have easily got me $3-$400,000 no problem. Basically if you are injured at work you are seen as a lying bludging piece of scum that wants a free ride and a nice little package to ease your way through life. I was injured in February, 2007 whilst working at a Christian School.
    The sheer “White Hot Hostility” toward me for being injured was something worthy of poetry.
    Along with other complications the discs have bled out and are “desiccated”; in other words they have no cushioning and will not improve no matter what. This has been 8 years now of continual 24/7 pain with no let up.
    On occasion I have been hospitalised on morphine drip.
    The insurance companies doctor said that I needed psychiatric help and that there was nothing wrong with me at all. This is despite a contrary review from 10 other specialists including independent legal/medical reviewers.
    The fee to see a reviewer is about $1700 a visit. My payments were cut and I had no income for 2 years whilst we waited for further independent reviews and a Work Cover Tribunal. We won. I was sent to an independent legal/medical reviewer in another state and was ordered $300 pw ongoing payments. The new legislation has meant that if I am not doing 15 hours a week I get nothing. Thank fully I got a job via the Work Placement assist which is finished now I think??? The company has been very good to me and I am managing 20 hours a week.
    Four half days; by the end of the day my back is screaming, so most of the time I am on pain killers of the serious sort. God knows what these will do to me over time. This has impacted every area of my life.
    I am happy to work as I have always done and it is good to get out and about, but it took 2 years to get this position in which the company got me free for 18 months and trained me in a new field of work. I do not know if this scheme is still going, but I think it was a wonderful opportunity.
    I agree with others that businesses just do not want to know about a bludging injured worker. The stigma is quite unreasonable. I know there are many whose stories are far worse than mine and I feel for you.
    This country is heading down a very dangerous track on having no compassion or fair decency the cost to individuals and their families is a little frightening. I can only say hold on a stick in there.
    Cheers to all.

    1. Marko

      I can not believe some of the stories on this site, especially when I read about years of having no income, then being dignified with a ruling that supports you but no monetary compensation for the losses both financial and psychological. Years of waiting will destroy me, it’s only been 12 months since injury now and financially we are about to hit rock-bottom with no more safety nets. Insurance, solicitors and the rest all take such a long time to process anything, whilst the injured suffer with nothing else to do but wait and wait, hoping each day for good news but coming up empty. The only place injured workers get support apart from their family and friends seems to be right here on this site. Nobody else cares. Good luck to us all in the future.

  97. Marko

    Anybody have job seeking advice? Just in case there is somebody out there in a similar situation, which I am sure there is, I thought I’d raise this issue again.
    Having being made redundant due to my incapacity for manual labor as a sparky back in December last year, I have been job seeking for pretty much anything for the last 4 months. With now over 70 job applications under my belt [considering I can’t apply for manual labor jobs], I am struggling to come to terms with the whole concept. I am bound by the insurer to apply for so many per week, but even the rehabilitation coordinator has come up at a dead end as to where to look next. I may not even be suitable for a job where computers are used as that activity makes my injury symptoms worse. This, the rehab coordinator has just realised after three months, even though I’ve been telling her and the doctor about it since forever. So, what jobs are there where you don’t have to use your dominant hand to lift or do repetitive tasks such as typing? I have come up a blank as even sales jobs generally rely on stock replenishment and I struggle to do the grocery shopping sometimes, because lifting goods from shelves is painful. Why have someone who can’t perform simple manual labor tasks go and find full time work, especially when there is still the possibility of further surgery in a few months with more time off for recovery? This is where the whole WC system fails us, when they make us jump through hoops we simply cannot reach. If we don’t comply, they cut off our entitlements, but they make it impossible to comply and blame it on us.
    Anyway, if someone has an idea of what I could do, it might help me figure out who to start cold calling, because there is practically nothing in the job market I am allowed or qualified to apply for. So far I’ve applied for reception, admin, sales,pharmacy assistant, computer drafting, supervising, project management, vocational training, small appliance repairs, escort agency driver and numerous other jobs, with not a SINGLE interview in 4 months, but plenty of rejections. I’ve called up over half the electrical contractors in Canberra [all of whom are struggling to find enough work to keep their existing employees on board], most engineering firms and drafting businesses, all the switchboard manufacturers and fire companies. These are all the industries I have experience working in. Who next? I haven’t a clue, considering I have no experience in anything else and am competing with people over 20 years younger who are cheaper to employ. Makes one feel like throwing in the towel and just giving up, if only the bills didn’t have to be paid.

    To sum it all up simply, find a job for somebody who can’t lift over 10kg, can’t perform repetitive tasks with right arm, has no car and no experience in anything except electrical wiring. Anybody?

  98. council worker

    hi everyone, just an update on my situation, I have now 4 reports which are very supportive on my condition and need for surgery. I guess now its off to court we go, hopefully the court will see through all the misguided reports from their ortho and neurosurgeon, I cannot believe they let these 2 so called ime s still practice.i can now feel like there may be some justice and relief of all the pain im going through and have done for 2 yrs now,where I worked and got injured they are still using the faulty trucks and more injuries are occurring frequently,i will stand up just not for me but for all the other men on the council by taking this all the way if I have to, the management have known and were told for years these trucks were faulty and injuring people, they should be ashamed of the way they have treated these good men , I hope in the near future I can give an update of further good news,

    1. Complainers of the world make a difference

      You will hopefully get your treatment as the arbitrators usually do find in favour of the worker if there is good treatment evidence and they also know which IMEs are crook and give their reports little or no weight.
      Good luck!

      1. council worker

        its such a blessing to know there are drs and specialists out there who are very caring and are here in the community to help injured people with their needs and to help them get better, thanx for your wishes

  99. in the same boat

    http://www.brockovich.com/ has a contact page

    Hello Josephine, 15 years in wc is about average , you are doing well to survive psychologically

    There is no one to complain to In Australia as this country has a defacto government

    If you are worried that wc is ghosting your every move

    Don,t use a mobile phone as all phones are easily compromised

    At home do not use a wireless telephone ( same as above)

    Use tor as your internet browser

    Never tell work cover any details that will give them a reason to deny via plausible deniability

    I realise that becoming paranoid can be viewed by some as tin foil hat stuff but it is also a measure of self protection in a world with almost zero privacy so keep your paranoia levels in check

    and paranoia is normal when on wc you are not going mad

    regularly check your computer for spyware/viruses

    try and get on with your life in the mean time and occupy your self with a good distracting hobby as a means to negate bad thoughts etc

    you will eventually be ok

  100. Josephine

    How can I contact Erin Brokovich to help me. Fifteen years NSW WC System has been psychologically raping me. Can you help me with writing my story. I have got all the proof needed to proof the Insurance and their Associates are Criminal in the World Court.

    1. Complainers of the world make a difference

      Contact your service provider via a friend’s phone to ask them if they can find out about what is happening to your computer. You could also get a cheap pre-paid phone with a new number. There are privacy laws and your service provider may be able to help you in some way.
      Also get someone to check your computer for viruses or Trojans that can detect each movement of your keyboard.
      Change all your passwords as well.
      Collect your evidence and send to the WIRO, NSW Ombudsman and ICAC. Make a complaint each time via the WorkCover complaint section as well as directly to the insurer.

  101. Josephine

    My past four effort to post a message has failed. Trying out what happens if I don’t state my story. If this gets through than I will post my story….how my Insurer knows every lette I type on my computer and every time I complaint about their Human Right violation, bullying tactics, intereference with all service providers….just to ‘psychologically rape’. I was just relating what I discovered about their influence even Airline Staff to make every plane trip a nightmare. I was typing all my findings today and the post got cancelled. Will put in writing and post.

    Don’t feel safe. No privacy..phone listened to, routed accordingly to suite their aim, computer having two Administrator..one Phantom on and the other ME!!

    All avenue for reporting close. Worse than living in a third world country.

  102. kerrie

    How can I contact Erin Brokovich to help me? 11 years nsw system, need neck operation and need to ensure I get it without flack from wc, they are liable and all their doctor shopping ruined my settlement, need help desperately dont want my arms to lose any more function cant stand the pain nor the nervous breakdowns.

    1. Complainers of the world make a difference

      Get a referral to your spinal specialist as well as to a psychiatrist and psychologist. They can request further treatment from your insurer. If you have taken a settlement under the old legislation you can still have treatment if you are worse.

  103. Marko

    Amazing, how corruption goes from the heights of our elite politicians to the volunteer services, where there is really nothing to gain from trying to get higher in the pecking order. I do not understand the problems this particular person has, needless to say they have some serious issues they need to resolve with themselves. The fact that nobody in the industry has done anything about it is even worse and I have no words to say on how to proceed beyond what you have already done. It seems that everyone else has made their decision on what is appropriate action to take and hopefully that will make the hierarchy take note. Media such as certain current affairs programs seem to be able to expose these kinds of people with the necessary humiliation required. I would recommend this, because they can hide with their buddies while only a few care, but once the world knows about it there is nowhere to bury your head in the sand safely.

  104. Ryan S

    THE NSW STATE EMERGENCY SERVICE – ABSOLUTELY DISGUSTING!

    “All evil needs to flourish is for good people to stand by and do nothing!”

    Do volunteers have rights when it comes to harassment, bullying and so on? I was a volunteer officer at my local SES unit however thanks to jealousy from others who were stood down from the ranks and my persistence to do the right thing I resigned about 12 months ago.

    There was (and still is) one particular “gentleman” at the unit who is a volunteer. He is a former Unit Controller so you would expect he would have some degree of decorum and conduct himself in a professional manner in front of other volunteer members. Anyway, once I became an officer with the unit I learnt that this particular person had bullied another female member to the point where she was too scared to make an official complaint against him for fear of physical retribution (she told me “he knows where she lives). The volunteer member told me she contacted a NSWSES Chaplain from our region and reported the incidents to him. He advised he would take it further for her however she has not heard anything more about the issue during the last 3 or 4 years. The NSWSES has not contacted her to follow up her complaint and she has since stopped attending the local unit as she is too scared of this person.

    I reported this person to my Local Controller however he never made any attempt to follow up, nor did he show any interest in investigating the allegations whatsoever. About 8 months before I resigned, a young volunteer member made a complaint to me in writing contains a letter, along withscreenshots of his Facebook chat window of the same “offender” bullying him and making violent and sexually explicit threats against him that were absolutely disgusting and appalling. The two of them were not friends, and only knew of each through the weekly SES meetings. What started out as an apparently benign random chat about a car turned into the 47 year old former Unit Controller threatening to have the younger 18 year old volunteer member jailed for some unknown reason, then referring to him being raped in jail in horrible ways and so on. The younger member took screenshots of the entire conversation before the older member deleted his comments then told the younger member that no one would believe him.

    I took the screenshots, made a report with my recommendation of standing down the older member immediately until the incident could be investigated and forwarded it to my Local Controller and Region Controller. I don’t recall ever getting a written response however both the Local Controller and Region Controller expressed their concerns verbally during various meetings and functions over a period of time however once again, nothing was actually done about it. A new Unit Controller took over the reigns of my unit about 6 months later so I brought up the incident again with him hoping he might do something about this individual. He did reply to my email expressing his concerns however guess what, nothing was done! Now, 18 months or so later I have had friends still in the SES tell me the former Unit Controller that was bullying not one, but at least 2 members (whom both reported the incidents to the SES) is continuing to do similar to other members of the unit. He has also allegedly become involved with trying to separate a younger male and female member (both around17 years old) and stop them from being boyfriend/girlfriend and making unwelcome comments in passing and so on (what business is this of his?”).

    Now, to top it all off, I believe I was bullied out of my senior volunteer position with my local SES unit for apparently trying to push for disciplinary action to be taken against this person. The old saying is definitely true, “it’s not what you know but who you know!”. I believe that as this person had been a member of the local unit for some 10 to 15 years and knew a lot of other older members in senior positions, along with paid SES staff at the Region Office, he (and his cronies) banded together to create problems for me and stop me trying to do the right thing. This ultimately led me to making a private post on my Facebook page expressing my frustration with the people I was dealing with at the time. I made no mention of their names, or the SES whatsoever. I didn’t even imply was talking about the SES and only one person (an SES member and friend) knew what I was talking about and replied to me. “Someone” reported my “breach” of the SES Social Network Policy to the Region Controller (full time paid staff) and the next thing I knew I get an email stating I was being stood down from my senior position as a result of my non-attendance at a scheduled meeting regarding this issue, and for breaching the Social Network Policy.

    I provided the Region Controller with hard evidence that I had been “set up” by being given a totally different time for the meeting along with a screenshot of my Facebook post clearly showing I had not breached the Social Media Policy however she refused to accept my factual documents and continued to stand me down from the position anyway. In my absolute disgust, I replied (in a professional manner) making mention of my total disappointment and disrespect I now had for the NSWSES and submitted my immediate and total resignation from the volunteer service. It’s ironic that other members can make Facebook comments using the full name of the Unit Controller and referring to him in a completely derogative sexual manner, or use Facebook to clearly identify the SES and submit a new, younger member to threats of sexual violence in the public arena without taking any action yet they use my one comment, made anonymously (in reference to the SES) and posted out of sheer frustration as an excuse to get rid of me! The man who is bullying, harassing, yelling and screaming at other volunteer members is still attending training every Monday night and because of what happened to me, I believe these other members are too scared to do anything about it as I’ve proven the NSWSES isn’t willing to do anything about instances like this and protect their valuable members (well most of the are valuable).

    As a result of my departure from the SES approximately 20 or so other members now refuse to attend the unit for regular training or callouts. How can a public volunteer service go so wrong??? I have copies of emails, witnesses etc and although I would never return to the NSWSES, I think I would like to take it further to expose particular people within the service for what they really are. Maybe I should take to the newspapers?

    I guess because they are volunteers they have no rights!!!!!

  105. Marko

    IME’s, what good are they? I got the report from my visit with the IME. On page 1 it says that “I indicated I was not a treating doctor and that I was not able to provide any advice.” Yet, my rehab coordinator and my GP both wanted to wait for this report before taking any further steps in my treatment. It looks like the insurer just wanted to double check that I wasn’t faking it I guess. I don’t know why they wouldn’t trust the evidence and my own specialist on this. It did have in the report a whole lot of advice on things that could be done to treat me, as well as a suggestion I could go back to the same work I was attempting on my trial return to work in December, the one that made my situation a whole lot worse. It also looked like he was implying that I was “putting on” some of my symptoms subconsciously and also misquoted the surgical report from my specialist. I’m sure Radial nerve and Posterior Interosseous nerve are two different things and the operation report never mentioned the latter, yet this IME saw fit to write up several paragraphs on the subject.
    So, if this IME report is not for the purposes of providing any specialist advice in treating my injury, what happens next? I guess my GP will have to send me back to my own specialist for analysis of the MRI and any further treatment options. Had I known this, I would have booked that in a month ago. The system is so designed to get you totally fed up with waiting until you finally crack and do something stupid, then they will pounce upon you like a ton of bricks for not complying with their red tape. I hope my solicitors do something soon, I am getting totally fed up with it all.

  106. Marko

    Don’t you just hate it after spending ages typing a whole paragraph and finding it just disappears when you press “submit”? Been there, done that. Chores are the hardest things to do eh! I cleaned the toilets yesterday and just doing that felt like my pain had gone back to what it was in November last year. Cooking food, laundry, yes, it’s the day to day stuff like tightening my belt and even shaving my face that aggravate the injury. How do they expect you to recover when the simplest tasks put you out of action for a while? I guess you went to physio/rehab and they eventually gave up on you [or the insurer did after the 6 weekly report came through]? It’s madness that they give up on your physical rehabilitation but still expect you to get well enough on your own to return to a normal life. To this day, after seeing physio and two return to work rehab providers [all in all a 3-4 month process], I still haven’t been given any exercises to strengthen my elbow. It wasn’t until the very last day of my treatment before being sent out on my own that I was given stretches to do, probably because strength exercises were still too painful. That lack of progress was dismissed by them as “over-sensitive” nerve pain and the injury had actually healed. They kept on insisting “It was all in my head”, whilst at the same time telling me that was not what they were saying. They told me that my pain was real [really Einstein?] but I could overcome it. Well, three months later I got proof that it hadn’t healed after pestering the doctor to have a follow up ultrasound. Now, I am just waiting again for the insurer to decide what treatment to get, if any.
    300+ jobs!!! That’s well and truly doing your best to find work and you should get better treatment from the insurer for putting in such an effort. I can’t believe that after all that time they are still holding onto you and not cutting you off and letting you free to fend for yourself. Isn’t it costing them more to keep you hanging, knowing that you aren’t being successful in returning to work? It’s almost like they have pleasure in torturing you, watching you slowly lose hope. I am currently trying to get an idea of what IT job to go for, but haven’t got a clue what the jobs are actually like. Apparently they are willing to retrain me and pay for the course/s, but until I have an eyes on view of what the jobs are, I don’t even know what training to register for. Even when/if I do get trained, I still need doctor’s permission to do that type of work, so it all seems to be a bit ludicrous to look for a job I don’t even know I am allowed to perform medically.
    Like you, I am not going to settle to just go on disability or newstart, that won’t pay the mortgage. Neither does 65% and I pulled a rabbit out of my superannuation to get us through till May, but after that if I’m not back at work on my previous salary, we will lose the house. It was very nearly the case at the start of this year. They don’t understand that they’ve taken our main and only income away and it is needed to survive. Waiting for a payout that won’t be substantial anyway, doesn’t keep a roof over your head and put food on the table.
    I’m with you, keep fighting and pushing for treatment. Just because one of their specialists said no surgery, I wouldn’t stop there. Tell your GP how much pain you are in and say you need to have something done. I am sure you have your own specialist, get them and your GP on your side. The insurer’s IME shouldn’t have all the power, knowing that they practically work for the insurer and not for you.
    Our partners are the best support we have. Unfortunately, we can’t lump everything on them either as they have their days full already. I know that guilty feeling, it just pushes you to do as much as you can all day to make it easier for them [apart from the fact that home chores are about the only thing you can do to keep from getting bored silly] yet, it is actually us who needs the help. Ironic eh?
    Cheers.

    1. Josephine

      Dear Marko, Saddened to read your story. I empathise with you. Injured workers cannot be treated like second class citizens. I was pushed into Workers Comp case by the management. Allowed to waste away on purpose. All four surgeries were delayed as long as possible ( for years, causing maximum damage and waste). Doctors don’t seem to have the freedom to treat us even if they wish to. It was pointed out to me, the delay for surgery was due to RED TAPE. I had no way of knowing, what was wrong with my shoulder and neck as the who area became right nd extremely painful until I became disabled. I was not honestly advised of the diagnosis. All of us, meaning myself, family and friends were in the dark as to my quick deterioration. I became became depended for personal care. Being in the dark about the cause for the deterioration (as doctors kept mum about it), made it very difficult, effecting my husband’s and my state of mind..as we lost our peace and privacy and our marriage. My employer’s self-insured Insurer, used this most difficult moment in our lives (which was master minded by them), to exploit and hoping push me over the edge….I felt they had my days numbered…Knowing who the e emy was, knowing God, was my saving grace!! 1/ They delayed Medical Treatments..2/Went to court four years after I was put on WC leave…3/ Court awarded benefits like wages, medical treatments connected to the injury… 4/ My company Ins Mgr whose office was just a stone throw away from my office, made hell for me, each time I put in a claim….5/ A yr after ongoing discrimination and bullying by the Ins Mgr. my employers’ self-insured SC Insurance Mgr advised, all benefits awarded to me in the court of law was going to be stopped ( this, while my medical condition had deteriorated very badly and continued to do so)….6/It took another two yrs (during which time I came under the power of the Insurer for approval for medical treatments), before my lawyer arranged for settlement through arbitration of WorkCover NSW. I was pleased, cause I thought, from now on, without the interference, bullying and ‘psychological raping” etc of the Insurer, I should be able to get independent medical treatment, Community Services, Taxi Service etc I was so wrong…nothing changed. The Insurer and their associates set out a plan to systematically write me off. the extend to which they went will shock our nation, If I revealed the truth which is a shame. I will continue another time. Hope this does not disappear when I press the SUBMIT BUTTON.

    2. Josephine

      Dear Marko, Saddened to read your story. I empathise with you. Injured workers cannot be treated like second class citizens. I was pushed into Workers Comp case by the management. Allowed to waste away on purpose. All four surgeries were delayed as long as possible ( for years, causing maximum damage and waste). Doctors don’t seem to have the freedom to treat us even if they wish to. It was pointed out to me, the delay for surgery was due to RED TAPE. I had no way of knowing, what was wrong with my shoulder and neck as the who area became right nd extremely painful until I became disabled. I was not honestly advised of the diagnosis. All of us, meaning myself, family and friends were in the dark as to my quick deterioration. I became became depended for personal care. Being in the dark about the cause for the deterioration (as doctors kept mum about it), made it very difficult, effecting my husband’s and my state of mind..as we lost our peace and privacy and our marriage. My employer’s self-insured Insurer, used this most difficult moment in our lives (which was master minded by them), to exploit and hoping push me over the edge….I felt they had my days numbered…Knowing who the e emy was, knowing God, was my saving grace!! 1/ They delayed Medical Treatments..2/Went to court four years after I was put on WC leave…3/ Court awarded benefits like wages, medical treatments connected to the injury… 4/ My company Ins Mgr whose office was just a stone throw away from my office, made hell for me, each time I put in a claim….5/ A yr after ongoing discrimination and bullying by the Ins Mgr. my employers’ self-insured SC Insurance Mgr advised, all benefits awarded to me in the court of law was going to be stopped ( this, while my medical condition had deteriorated very badly and continued to do so)….6/It took another two yrs (during which time I came under the power of the Insurer for approval for medical treatments), before my lawyer arranged for settlement through arbitration of WorkCover NSW. I was pleased, cause I thought, from now on, without the interference, bullying and ‘psychological raping” etc of the Insurer, I should be able to get independent medical treatment, Community Services, Taxi Service etc I was so wrong…nothing changed. The Insurer and their associates set out a plan to systematically write me off. the extend to which they went will shock our nation, If I revealed the truth which is a shame. I will continue another time. Hope this does not disappear when I press the SUBMIT BUTTON.

  107. Injured Canberra worker

    @marko I can completely understand your situation in the lack of support groups or support whatsoever in Canberra for people who have sustained an injury at work.
    I have a wrist injury from doing support work for people with disabilities (ironic isn’t it) and my workplace decided that they no longer have suitable duties available for me, so I am in the same situation as you on 65% wages!
    On top of that, I have been told by specialists that my wrist is irreparable but need surgery for a part that they can try to fix but insurance won’t pay. I have also had reports done from multiple IME’s that I need pain management and other rehabilitation but they won’t do that either. It is an “accepted claim” but they refuse to help me. I go to a rehab provider to find suitable work because I am only 23 and they see me as able to work because of my age, they don’t care that many jobs I cannot do without going against dr orders. Companies in Canberra also refuse to take you in because of an injury even though you can do the job, because they won’t take on the liability while you are still on workers compensation. Im even struggling to be accepted to do volunteering because of the insurance issue. Do you think my insurance will help with that? No because it’s not paid work.
    I can’t sit at home all the time, I go crazy. On so much medication that doesn’t seem to help. Am stuck and feel like I’m going nowhere in a system that holds you back all the time.
    I even tried retraining myself and paid for it myself, but thy stopped me doing that because it was getting in the way of paid employment. I would have finished the course by now, still not working.
    I’m glad i found this support page, and someone from Canberra cos you get so tired of putting your problems of family friends and my husband, it’s so demeaning and I hate the lack of independence and control over my life. Constantly having to run through their hoops and being told what to do and not what to do.
    Hope I can be of assistance to you as well, even just as a listening ear.

    Thanks.

    1. Marko

      I am so happy to hear from a fellow Capitalite [if that is a word]. I agree that you feel isolated in Canberra, let alone in other states, when on WC. It seems our system is totally different, probably more oriented to the public service. It totally sucks that they wouldn’t even let you re-train yourself because it inhibited your job-seeking? How crazy is that? It feels like you have been put into a box and every time the red light blinks you have to perform some erroneous functions and then sit still for another seven days until the light blinks again. In the meantime, while you try and function as a human, in pain and worried about the future, finances and your crazy obligations, the “system” just takes forever to make any decisions about what to do with you. I wouldn’t mind if they had a limit of say 12 months, before they decided on whether to pay you out or get serious about re-training for another career. This waiting game is just ridiculous. Yet, on the other hand, forcing you to go back to work early before the injury has time to heal is just as bad.
      I can’t believe they won’t pay for surgery for treatment [probably on the basis that it won’t help with your return to work], even after accepting the claim liability! I would be insisting on it, for pain relief at least.
      It might be too personal a question, but are they paying for your meds? If so, it’d be in their interest to pay for the surgery to get rid of that ongoing cost.
      I have also just gone down the path of trying to gain “work experience”, but alerted by rehab that it’d be difficult because in A.C.T the employer has to pay for your insurance, even in a voluntary position. N.S.W folks don’t have to worry about it. Job seeking when you have medical restrictions is ridiculous. I’ve been looking for work “officially” for 2 months, but prior to that decision I was already out there for another two after being made “redundant” because there weren’t any tasks I was fit for. So far, i have had 1 job interview from around fifty applications, unsuccessful anyway as I wasn’t qualified.
      I am guessing you have injured the dominant hand? Sucks big time if you have. I can’t believe they want me to pursue an IT career [requiring minimum degree or diploma qualifications I don’t have], yet I can’t sit here and type for more than an hour without feeling like my arm is dead.
      Best of luck mate, hope you get the medical help you need and I highly recommend getting a “no win, no fee” lawyer on your side ASAP. They don’t seem to do a great deal in the first six motnhs, but nI am still hopeful they will come up with something worthwhiole in the end. [I didn’t spell check the last senetence, just to prove how bad I am at typing. I woudl be so great at a reception/admin job with this kind of skill – NOT]
      Cheers and stay in touch. I find this site even more helpful thahn other support groups, becasue we have something in common.

      1. Injured Canberra Worker (R)

        Hey Marko,
        So I tried to reply to your message, which took a long time then somehow i deleted everything i wrote before sending it. So I’m not going to go into much detail in this one lol.
        No it isn’t my dominant hand, thankfully, but it doesn’t really make things much easier. Still can’t do most household things let alone take care of myself very well. Just annoying things like opening jars, picking up pots and pans, washing etc. and then trying to get dressed is a feat in itself. And then they expect me to get a fulltime job? Without treatment? Yep.
        I was happy as well to read through this support page and see a fellow canberra person (being you).
        I already have a solicitor but not much they can do because its an accepted claim. so its up to the insurance company to decide what is “reasonable treatment”. So, all because one of their “specialist advisors” said surgery might make my condition worse they refuse treatment. Very annoying.
        All my solictor can do is push for settlement. But as usual the insurance company push push pushes me to breaking point to try and get me to throw my hands up and chuck the towl in. well they have another thing coming, because im too stubborn and in too much pain to do that.
        Yeah I have been told the same thing by rehab. It sucks being a canberra injured worker, especially privately, not in the public service. I asked them how am i meant to get a job when this is all over, because it doesnt matter how much i settle for, it will never be enough if i cant earn a living. So their idea was to go on newstart, because i am not disabled enough for a disability support pension, but disabled enough not to be employed. WHY do people just not get that we DO NOT want to be in this situation, we DO NOT want to be on government payments and WE DO genuinely WANT to work. I cannot sit at home forever, I go crazy!!!!!
        How do they expect you to get an IT position if you are not qualified and no experience? Have they offered you vocational rehabilitation?. They havent offered me that because I have experience in a few areas, just not capable of doing those positions cos of the injury.
        I have been applying for jobs for over a year, with over 300+ jobs applied for. And like I said, Im even struggling to get a volunteering position. So, Im abit over it. Wish I could take it all back, work through the pain as much as I could and just find a new position. I would never ever go through this hell again. I feel that they treat us (the victim) like we are doing something wrong and constantly having to prove ourselves. We didn’t do anything wrong so why are we treated like shit!. Like you said, its abit like an experiement. Turn the light on then off and wait. See how far we can push people.

        I really hope you have a good support network of family and friends because thats the only thing that enables me to continue on without giving up totally.
        I look forward to talking with you further.
        And I am not always so negative, Ive just had a very shit few weeks with them and in ridiculous pain this week. So tired of my partner getting home and having to put on that strong face like everything is okay. Only so he doesnt have to do so much after work. Makes me feel very guilty and lazy.

        Talk soon.
        R

  108. Richard

    Hi to all of you fellow injured workers.
    I am in NSW and it has been 4 years since my injury but I was only “transitionned” last August.
    I have 3 damaged discs and been classified by several specialists as unfit for any kind of work yet every 4/6 months, they send me to a new rehab team to try to get me fit for work?????
    anyway my employer was in addition to the workcover entitlements my sick leaves to top up my pay to pre-injury. Now the employer stop paying me the top up ( $125/fortnight)…..5 months after the “transition” . but when I asked why I was told by HR over the phone that with the transition I was no longer entitled to get the top up …so I contacted the insurer who denies such thing and confirm the employer is responsible to pay the top up …I contacted workcover who confirmed via email that there hasn’t been any changes in the legislation that will see my top up benefits stop. When I contacted my HR I was replied to via email that the HR manager “thought “that because I was transitioned I was no longer entitled to the top up benefits……yes because she thought that she decided without any memo, change of legislation etc to stop paying me!!!!!?? I requested to be escalated o area HR which they didn’t so I emailed all the culprits as well as the CEO and was then told they will look into it …that was 3 weeks ago ….now they are allegedly,asking their solicitor about it ….what a crap …HR manager taking on herself to stop paying entitlements….and not kin in re-starting them even though she cannot justify why she stopped them.
    WTF is going on …?! I need help …any suggestions

    1. Council worker

      you are entitled to have your own rehab provider . The insurance co s and employers use specific rehab co s because they will push u and your treating dr back to work even if u are stil injured and cannot do anything. if u hear of imac rehab get rid of them straight away. they misled and lied to my dr threatening him there would be an investigation if I wasn’t sent back to work. he did send me for duties under duress but this only lasted 4 weeks of 2 hrs per day 3 days pw. I went back to my neurosurgeon and he took me straight back off.i then contacted workcover and told what had happened and I got a new rehab provider .i suggest workers health centre. as with your make up pay ! maybe u should see a solicitor .or complain to workcover and tell them about what they have stopped in money you are entitled to. Good luck

  109. Council worker

    hi bashed and bullied, many thanx for the info you have given to me. I have seen 4 of their specialists now. The first two I’m not sure what qualifications they have but the next two were an orthopedic specialist and a neurosurgeon. Both were around 70 years of age and the neuro had to wear glasses to write and assess me. Which was a farce as he didn’t ask me to move my shoulder or neck at all. As soon as I get my Orthos report I’ll certainly go further and complain to your suggested people of Qbe. Not sure what Qbe tfm stands for but I’m sure with my reports and the way they have delayed my surgeries my story will go to the highest level. I have made complaints already to govnmt depts and will complain again after I recieve the report. hope your husband is doing better now.

    1. Marko

      I have just jumped on board with the HMAS “IME”. I am so not surprised to see a fellow in his twilight years, perhaps seventy at a guess? Seemed to be pretty upfront about things at first and “by the book”. Yet, about half way through he sort of lost me, when going on about what “could” be done, instead of getting to the point about what should be done. Apparently the ultrasound that I had taken several weeks ago didn’t get sent to him, nor did the report attached, so he was pretty much going on the MRI I had just taken. It appeared that he pretty much concluded the same as what my other specialist had, that I had “tennis elbow”, but without reading into the surgical report from last year, sent me on my way with advice to wear an elbow brace. This will apparently help me with healing and pain, when doing activities that aggravate my condition, like hammering and using power tools. Like I have been doing any of that lately!!! I wonder if it helps with sleeping on my right side???
      I wonder if we did a poll on the average age of IMEs, would we be pushing over the sixty age group as a majority? Seems like the insurers know who to target as their spokespersons, those most vulnerable at losing their licenses to practice and looking to top up their superannuation? I know this particular fellow has faced the WCC already and looked a little “red-faced” in light of the other treating practitioners, but time will tell if this have impact on my family’s future. Cheerio folks.

      1. Bashed and Bullied

        TMF stands for Treasury Managed Fund and is the Treasury’s Workers Compensation Scheme for any NSW Government Department. This includes Department of Health, Education and Communities, WorkCover employees and all other government departments. You would have TMF written on your documentation if you are under QBE TMF. TMF is answerable to the treasurer and they are under the Self Insurance Corporation. They still have to follow all the WorkCover Guidelines but the money is not managed by insurers under WorkCover. When you make complaints though you can still make them to WorkCover if they are about breaches of the guidelines.
        All IMEs who are corrupt ie they misrepresent the facts or what you advised them or who are not provided all your medical evidence should be reported to WorkCover as they are the ones who appoint and train them in the Permanent Impairment Guides.
        All injured workers need to stand up and complain about bad treatment so they get the point. We have made lots of complaints to the insurers as well as WorkCover and we have got our treatment back before having to go to the WCC.
        One thing to make clear is the cost of going to the WCC is usually way more than just giving you your treatment, so when you remind those higher up the chain they seem to understand their solicitors and these IMEs, IMCs and IPCs who don’t give an accurate assessment are going to cost them money when the arbitrator sees through them and finds in your favour. We worked out It will cost up to $20 000 for the insurer to go to the WCC and most of the time the worker will get their rights back so who is the real winner.
        The case managers are only aiding and abetting basically fraudulent behaviour if the assessor is dishonest. Don’t they realise denying some small payment for medications or physio will cost them more in the end and if it is an operation you really need and you go to the WCC with good evidence from treating doctors you will get your operation, again costing more for the insurer in the end. This is where all the money is wasted, not by paying to help injured workers get some help and support.

  110. Dave

    All I can say is the alleged system put into place to protect the worker does more damage to the worker than the injuries ever will. I know I was stung by this “fair and equitable system” and believe me it has cost me everything I had. Please people beware of the Lawyers the Doctors and especially WorkCover, they are all a bunch of Snakes with no regard for anyone or anything except their bottom line…..

    1. Trisha

      Hi Dave, this is exactly how I feel and got done by all of them, they work together side by side of each other ,my
      Solicitor from Sunbury vic took all the money, and I am still in excuriating pain to this day I know I will soon die from all the heavy medications that I am on but I have no one to turn to , this is the great system we live under, by the way I am not old. We are not safe the victims are always suffering , the rich gets richer because they are protected always, we all wonder why ???? no answers

  111. council worker

    Hi Marko . Yes it’s just beyond belief how these so called ime s and other so called specialists the insurance co s use to deny and discredit us with our injuries. I am so gratefull to the specialists and my dr for standing by me .

    1. Bashed and Bullied

      Hi Council Worker,
      Would you please write a complaint to QBE and WorkCover advising them of the IME reports where they are saying you should move your shoulder against the advice of your treating surgeon. Ask your treating surgeon if they would write in his report how you are being further injured and what would happen to your shoulder if you do move it in the manner the IMEs have suggested. Send all copies of the reports and the report from your treating surgeon to demonstrate to WorkCover how QBE is using preferred IMEs to provide medical reports that if they were treating you would be medical negligence.

      Remind the insurer and WorkCover of the increased costs involved in having to attend the WCC particularly as the arbitrator will rely more on your treatment evidence. Get a second opinion from another treating shoulder surgeon so you will have evidence to back up your own surgeon. Ask your NTD for a referral for a second opinion under Medicare so the insurer is not involved.

      My husband went to an IME for QBE and the IME recommended his shoulder surgery be denied. My husband had a big hole in the humeral head that needed a bone graft but the IME left this part off his report. If he had not have had the surgery he would have needed a shoulder replacement. The IME was a treating orthopaedic in knee and hip surgery not shoulder surgery. My husband abused his case manager and told him he could not use the iME report from someone not even a specialist in the area of his injury. The case manager then agreed and approved his treatment.

      Then they sent him to an IPC who recommended his physiotherapy treatment be denied after his surgery!!
      My husband made a lot of complaints and just kept going up the ladder at QBE till the operations manager got involved and the problems were all solved. The Operations Manager has to ensure all operations are complying with the Operations manuals or they can lose their contract with WorkCover so it is really important for them to be made aware if their case managers are not complying with all the WorkCover Guidelines or if the case managers or their solicitors are relying on biased, false or misleading information from “preferred” IMEs.

      Find out if the iMEs you have seen are shoulder specialists as the WorkCover Guides for IMEs say they should be a specialist in the area of your injury ie a spinal surgeon for a spinal injury, a hand surgeon for a hand injury etc so you can push the point if QBE are using IMEs who are not specialists in your injury.

      Are you covered by QBE or QBE TMF? The Operations Manager at QBE is Sam Bashford and the Operations Manager at QBE TMF is David Bacon. These are the people ultimately responsible and who need to be reminded how much money is being wasted when genuine claims are being denied or genuine treatment is not approved.
      Their emails are sam.bashford@qbe.com and david.bacon@qbe.com.
      WorkCover now have a complaint section and you can ring 131050.
      If all injured workers make complaints when it is clear the iME has provided a report that is false, misleading or biased or when it is clear their report is negligent or the IME is not a specialist in the area of injury then they will have the evidence to do something. At the moment they are needing such evidence as the basis of review.
      It is unfortunate most injured workers do not feel confident enough or well enough to make complaints about such things as you have stated so WorkCover don’t have the statistics to back what we as injured workers are all saying.This is hearsay till we all start proving what we are saying so please help out by taking the steps to provide the proof to WorkCover. This is particularly relevant if the arbitrator finds you need the treatment as it shows the insurer denied your treatment on misleading/biased evidence.

  112. Marko

    I am so glad at least someone is standing up for you in this ridiculous system. It perplexes me in the medical realms how different opinions from different people can be so totally contradictory. It almost seems like the person/corporation with the most “specialists” wins, regardless of the accuracy of the diagnosis. Corruption? Probably, seeing the rest of the plights shown on these pages. Hope you get the surgery soon so you don’t have to wait longer and things can be repaired before it is too late to make good the damage.Cheers!

  113. Council worker

    Hi everyone. Just an update on my situation. I will be sent for assesment and recomendations for surgery with my solicitors ime in April ,then it will be going to the wcc. I also saw my orthopedic surgeon today who is of great concern of being kept in pain for we’ll over a year now waiting for surgery on my Cspine. I’m sure his report will help in some way. also after seeing 4 specialists from Qbe that they use to deny my requests for surgery by stating I must force my arm to move and break through the pain barrier to get my shoulder moving,my ortho today has told me today and will also note this in his report.in no way should this man be told to move his shoulder to get it moving.the pain increases and may cause further damage. Also with my rotator cuff he says now it would have shrunken so much that it will be difficult to re attatch it and due to the delay may even need further surgery again. so much for these unscrupulous insurance co s and their so called specialists. I’m lucky I have my specialists helping me. Will update again I’m sure.

  114. Daph

    Thanks for the info, I will do as you say, my friend is right until the 25 Th May. The case manager asked him not to get another certificate until they all met with the NTD. But, he forgot that and sent in a three monthly (unfit for work) medical certificate, one week before the arranged appointment , because it was due then. Now they want medical certificates every month. And a few psychiatric appointments made. The NTD has told the case manager he is there to support the injured worker. The Dr won’t be doing anything illegal. In ten years he have had many case managers but none like the one he has now.

    1. Bashed and Bullied

      Never take notice of a case manager saying you don’t have to send in a medical certificate as this is a legal requirement and as soon as he fails to send in a certificate the insurer won’t pay him and may deny his claim.
      Thank goodness your friend has a good NTD who is willing to stand up to the case manager who is illegally harassing your friend.
      There is provision in the WorkCover Guides to send certificates three monthly if the NTD provides a reason for this on the Work Capacity Certifcate.
      It is quite unbelievable that case mangers are attending doctor’s appointments. What insurer is this?
      If they are now suggesting your friend be assessed by a psychiatrist IME for them be wary as there are some that will say he either has nothing wrong or that it was pre-existing. Make sure he sees his own treating psychiatrist so he will have genuine evidence because it looks like they are trying anything to get him off their books.
      Shame on the case manager!!!

      1. Bashed and Bullied

        By the way I have had friends who have had their claims denied so they discontinued their medical certificates then paid for their own treatment. Then the insurer reused to pay for the treatment when they got their claim back because they didn’t send in their certificates or request approval!!

        All injured workers should continue to send in Work Capacity certificates even if your claim is denied as they will use it against you if you don’t.

      2. Daph

        Did you know they have awards for getting people back to work it will be held in Melbourne next month I think. And sponsored be Suncorp Bank. Everything goes back to the bankers.
        My friend puts In medical certificates every 3 months. He only had to do it every 6 months but he wasn’t aware of that and so just put them in every three months. We never had a problem everything was good until a few months ago when we got QBE Case manager from hell. We have had many Case Managers ( most were easy to deal with) some for a week others for a few months. We thought, well, we will just wait for the next one. It can’t come soon enough. The psychiatrist was hand picked because he was also brain injury specialist. He is not one of theirs. The Neuropsychologist was one of theirs and extended the 5 hour appointment to 9.5 hour appointment She had 2 assistants and saw nobody else to see that day. When her credentials were queried, we got dumb answer, that she went to university. We have asked for nothing we were happy just for his medication to be paid for because we couldn’t pay for it. I remember early on they wouldn’t pay for me to say $15 a night for me to be close by when he was in intensive care. We struggled getting to medical appointments in the early days. I get mad when I hear they pay 300 an hour to Drs and $ 300 an hour for them to just read the reports. I have asked for a medical alert device I case of an emergency when he is on his own. Something useful that could save his life. We will see if he gets one.

        1. Daph

          A QBE Case Manager describes an Occupational Therapist, Xxx that she promotes independent living and social engagement. ( I think that sounds good just what he needs.). This person sends out Vocational guidance papers something like they would give a kid that hadn’t decided on a career path & was about to leave school. She asks that these be filled in before the appointment . (He is not capable of doing that). And please provide copy of latest medical certificate. Neuropsychologist have deemed there is scope for potential return to work. But, QBE in no way are they initiating that. They remind me that Worker’s Compensation is not a scheme where you don’t have obligations to abide by, it is about promoting return to health and work . They say psychopathy is on the increase. & employed in human resources, human commodities & human capital.

          1. Bashed and Bullied

            They do have obligations to abide by and you need to ring WorkCover to tell them what is going on. If your friend can’t fill in the form then take it blank as state he can’t fill it in so it is good evidence how low his functioning is.
            WorkCover 131050.
            You need to explain what is going on and ask for help to stop them bullying your friend.
            Send an email to the case manger asking them to confirm your friend is a seriously injured worker. Tell the case manager what they are doing to your friend is harassment of someone with a disability and that it is really stressing him to the point he is getting worse. You really need to start making them responsible for exacerbating his psychological ill health and welfare.
            Look up the neuropsychologist on the internet to find their qualifications.

            An OT has far less qualifications than a doctor so ask the doctor what they think of the OT’s recommendations and ask if the doctor will put it in writing.
            Get the nominated treating doctor to write to the insurer asking for the medical alert for his safety as well.

          2. Daph

            Thanks for your reply. My friend was in the catastrophic basket for a while he is 62% WPI. I have contacted WIRO and QBE have responded but WIRO want more information. I am hoping to hear back in the next few days.

        2. Marko

          Daph, I had no idea they had award nights for “returning people to work”. It sounds ridiculous. Why should they be given even more incentive to get someone back to work as soon as possible, when they are already no doubt working on a reward or commission basis? Yes, they should be achieving results, but not on the premise that the figures are a guide by which to measure those results, not at the risk of not giving an injured worker the required time to heal or taking the correct course of medical treatment for somebody’s complete recovery. There appears to be rewards programs in almost every state. It sickens me to think they actually have prizes to give these people and companies. No wonder there is such a push to get you back into the workforce at whatever cost, so the rehab consultant or case manager can put another trophy on their shelf. This just proves that we are only numbers to them and not real people. Sure they have a token category for a worker who gets back to work after a serious injury too, but I am sure that the puny cash prize and plastic memento would mean little after the pain they’d gone through by suffering at the hands of the “system”.
          I can see the small business category winner making his speech “Thanks for awarding this trophy to our business, as acknowledgement of our feeble efforts at protecting our workers from being injured.”. Perhaps the case manager “I am so honored to have this prize and dedicate it to the thousands of people I helped get into mundane, low paid work for which they aren’t suitable. I hope their ongoing pain and suffering makes this medal worth while.”
          Sickens me…..

          1. john

            There are no award nights for getting injured workers back to work.

          2. Rowan

            John is right (though I think Marko was being figurtive rather than literal). They do get bonuses along with their companies and rehab providers. I know which one I would prefer to be striving for.

  115. bashed and bullied

    Tell the NTD they cannot change the work capacity certificate if they don’t believe the person can work because they will be committing fraud if they write something they don’t believe.

    Send and email to the WIRO immediately because this is harassment of a seriously injured worker!!!! The link for WIRO is above on this website. Also make an objection to the case manager accusing them of harassment and send to their supervisor and WorkCover.

    The percentages don’t always add up because there is a formula they have to follow that discounts some scores as they add together but the above shows the total would certainly be over 30%.

    Get a referral from the NTD to a good psychologist as this bullying would be causing psychological ill health. Tell the insurer you need approval for the psychologist then the psychologist can then request further treatment.
    The more bullying the higher the cost because they are causing psychological issues on top of the other injuries so tell the insurer they are causing further injury with the bullying.

    Get a solicitor if you don’t already have one and make sure you attend the Injured Workers Support meetings where you can talk to other injured workers.
    The rehab people should not be turning up in the same car as the rehab should be impartial not a lackey of the insurer. More bullying!!! Complain to the insurer but go to the top!

  116. Daph

    Reading from % Whole Person Impairment table for a severely injured worker.
    Central Nervous system % WPI 22 + another 7 %,
    Olfaction & Taste 4%, Face 6% + another 8%, Endocrine System 20% & Visual system 19% . Total % of WPI 62% You can add that up. But. A Neurosurgeon can’t .
    Nominated treating Dr is being asked to change wording on the Medical Certificate to allow the return to work Case Manager and the occupational rehab workers to do there jobs. The Occ rehab mentioned to the the injured worker that she had done plenty of these Dr appointments with the Case Manager before. They turned up together in the same car.

    1. bashed and bullied

      The Fair Work Ombudsman thinks employers and I would imagine their representatives have no right trying to pressure doctors into providing fraudulent medical certificates. This is from an old article on this website but equally applies to injured workers-

      “The Fair Work Ombudsman has great respect for the medical profession and there are well established processes within the profession for dealing with practitioners who issue a fraudulent or unjustified certificate; and against an employee if they provide the wrong information that led to the issuing of a certificate. It is not the role of the employer to attend the appointment in order to determine a certificate’s validity.

      When considering a request for personal/carer’s leave, an employer must only request evidence that ‘would satisfy a reasonable person’ that the leave was taken because of an employee’s illness or injury. If an employee provides this evidence, the employer must grant the request.”

      Send a copy of this to the case manager and to their supervisor to remind the insurer they are pressuring the NTD to commit fraud!!!

  117. Marn

    Hi Everyone. I would like to tell you my Workcover Experience which is currently ongoing for now. I had been working for almost 5 years Casual at a Medical Centre when the Chemist was held up by a male wielding a gun then pulling out a knife demanding a bottle of Methadone which I was unaware the Chemist had that substance and later told after the incident, the Chemist was dosing people on the methadone program. So he escaped and I went into Survival mode you could say. I followed procedure, pulling the Duress buttons, phoned Police and while on the phone, the Police were asking me how to spell the street name while I’m telling them the man is escaping in a taxi and who didn’t show up for approximately 15-20 minutes after the call, taxi company (as the assailant escaped in a Taxi) and the Manager who was rude to me, unhelpful and obviously unaware of procedure as it was a crime scene, I was trying to get Patients, Drs and Staff out safely, the manager is arguing with me on the phone to bring the patients back inside the building and I had a Policeman standing beside me shaking his head no and saying to me in front of frozen staff and Dr’s behind the counter, “no as this is a crime scene, Everyone had to leave, when I was fully aware of Procedure and common sense. So the Manager turns up and proceeded to not even care, as according to her, we had interrupted her washing up and ironing in her coming down to the centre. So it was a very traumatic and horrible experience. The next day the manager had phoned me and proceeded questioning me very abruptly about not completing the batching the night before and how there would now be extra work to do that day as I wouldn’t be in till the next day which I was dreading as it clearly shook me up and didn’t care how I felt and was very condescending and rude to me! I walked back in two days later, broke down crying and shaking non stop and the manager was so cold and unsympathetic to me. I went in and saw a Dr, he called the manager in, told her it was clearly a Workcover matter and she stormed out, furious, in front of patients, Drs and staff to see her throwing things around, shaking her head and talking to herself in rage and was clearly angry. I walked out a short time after, gathered my belongings and the manager stormed past me and said, “You don’t know what bloody stress is (my name)” and proceeded to assault me with my cardigan throwing it at me, then she sat down and started booking Patients in. This happened at front reception where there are camera’s everywhere and the company had seen the whole ordeal with the manager and myself on camera. I have been off from work since that day back last year which has ruined and changed my life forever. The company had sent me to see a Dr XXXXXXXX in Sydney who when I saw didn’t want to talk about the robbery and bullying and harassment from the manager, he started my appointment with, “Were going to start this with going back to when I was born till now”!! I’m like, what sort of Dr are you?? I get the report and he’s tried to say the injury was pre-existing as I’d suffered depression in the past! So I’m the Victim and am now being treated like I’m the one in the wrong! There’s just no justice in this world when the Manager of the entire centre bullies and harasses you to the stage where it’s illegal and is still working there, with the company not taking any actions against her and I’m the victim who has suffered deeply over this. What do I do?? I was a very hard working, caring, understanding, efficient and professional person and now I feel like I’m this person who has lost my identity and fighting for justice in an injustice system. So unfair and wrong!

    1. Bashed and Bullied

      Keep sending your work capacity certificates to the insurer and get your NTD to refer you to a treating psychiatrist and psychologist if they haven’t already done so. Make sure the psychologist is WorkCover approved so they can request further treatment for you. You will need all the treatment evidence you can get to fight the insurer. Get a copy of the police report on the matter. Write a statement much as you have done above but put in the names of all witnesses to each part of the event including the reactions and treatment from the manager. This is very important as she has a duty of care to treat you in a manner that will not exacerbate the psychological injury caused by the trauma you experienced as a result of the robbery. She knew you were traumatized and acted to bully you because you were the victim of a crime which is a pretty good indicator she breached her statutory duty of care for your psychological health which is against the WH&S Laws.
      Ring WorkCover on 131050 to report the manner you have been treated by your manager to the WH&S division so they can investigate the matter.
      You need to document your trauma reactions so you can get a proper diagnosis form a proper psychiatrist as if the IME has determined it is pre-existing you can bet they will soon deny your claim so act now before they do and when you see a psychiatrist you will have evidence to fight the IME report.
      If the IME report is false or misleading you can make a complaint to WorkCover about the IME. If you had a support person get them to write a stat dec if you were misrepresented by the IME.

      I am not a solicitor but my experiences have provided me knowledge that I am sharing with you. You might think about making an appointment with a Workers Compensation solicitor . You can google them to find one who sounds like they know what they are doing.
      Good luck!!

  118. mm

    Workcover is a government company that works together with insurance companies and in the end they get you no matter what, solicitors or anyone who try to help you do not help they are working for themselves, do not hurt yourself at work not worth it being realiable and hard working , you are not going to get any help they make like they are on your side they aren’t, I found out the hard way , they ruined ppl lives everyday and they do not care its all corrupt . This country is as bad as communist countries no better

  119. Marko

    Just an update and release of frustration to anyone who will listen – Isn’t it great when the insurer rebounds your email for reimbursement of travel expenses saying that the email address is no longer active? Then almost a week later, without any correspondence from them, you make a call to find out what is going on and get told your case manager has left the company. Okay, I understand people leave and move on, but their clients should be informed of the changes, yes? Then you get put onto your previous case manager, who is temporarily looking after you, to find out about approval for further treatment. This is treatment that was recommended by the MD almost a week and half ago, supposedly conveyed by the rehab company to the insurer but yet, the insurer still didn’t know about it ten days later, until I told them today. Then, after informing them that the imaging clinic needed an official letter saying they [the insurer] would pay for the diagnostics in order for it to go ahead, I got a call from the imaging center. Apparently the insurer sent a hand written fax, requesting a quote for the test, without a contact name or number and no official letterhead or anything! I mean, my God, this is supposed to be a professional company. I got the phone call from the clinic and had to convey the message to the insurer, because I was the only link they had to the origin of the fax.
    Right now I am worried that I will not get paid my benefits this week, because the insurer probably needs a report from the rehab company saying that I actually did look for work in the last week, and made five applications. I have not been informed of this requirement from the insurer, but have from the rehab provider. Unfortunately my rehab provider is on leave today and I am guessing this will be yet another spanner in the works, designed to break my will and crush me into oblivion. They are SO mistaken if they think these tactics will work. :} <- that is a smiley face if you didn't guess [well sort of smiley, I am not so computer literate with this modern usage of symbols]. See yous next time……

    1. At a Loss

      Marko

      contact WIRO and inform them of the tactics being used by the insurer

      13 9476 or email complaints@wiro.nsw.gov.au.

      I have found them useful the several times I have contacted them.

    2. Marko

      Hi again. The wheels keep turning and I keep getting caught in the gears that drive them.
      I finally had my ultrasound done today and it looks like there is still some concern, meaning I’m going to have to get an MRI done. Also found I may have carpal tunnel, which I didn’t think I had before all this occurred, so there is another spanner to deal with. More to come once I’ve seen the doc, who’ll recommend me to a specialist and so on and so forth. The waiting game continues.
      Also received a letter from the insurer telling me I have to see another specialist. We’d already discussed a second opinion with the doctor and rehab consultant some time ago and it wasn’t deemed necessary, so I see this as some kind of action to get a resolution of sorts. It’ll be interesting to see what this guy says, considering he is the choice for Comcare and a registered Workcover assessor. Oh dear…at least I know I have got issues that haven’t healed and he won’t be able to pull the wool over my eyes, especially with the knowledge I have gained from this site in particular. Thanks for your heads up guys and trust me I will be back to reveal the results of all these wonderful twists and turns.

    3. Marko

      Hi again, I am so bored! I have been researching the symptoms I have been dealing with for the last many months, after surgery and return to work. I cannot believe my specialist didn’t already diagnose this condition which I have now 99% confirmed [with my Google medical license] is PIN palsy [posterior interosseous nerve palsy]. The photos of the symptoms are absolutely identical to mine so there can be no doubt. I can’t believe I didn’t research this sooner. I also think the ultrasound I had this week that showed a tear in the same tendon I had operated on, pretty much sums up that I am back to square one and destined for more surgery. This nerve problem I think is a result of either the surgery or the re-tear, but either way it isn’t like I’m going to be getting better soon. Bugger!
      I seriously hope the insurance company assessor realises all this and doesn’t do a dodgy diagnosis. I am definitely going to challenge his medical opinion if he does, considering that an average Joe like myself can figure out something as simple as this with the “classic” signs and symptoms available from various medical references on the internet. In the meantime, it looks like I am back to where I was around June last year, so no resolution will be forthcoming with income or otherwise. Bugger again!

  120. Complainers of the world make a difference

    Marko, that is the case and your father will lose his medical costs when he turns 66. This is the most disgusting thing about these changes.
    Make an appointment to talk to Centrelink about whether they will provide him a Healthcare card. Has he already lost his payments? If he has his own superannuation he may be able to get part pension which will give him the Healthcare card. You can have the GP prescribe meds that can be usually bought over the counter as well as those requiring prescription so he will be covered under the Healthcare card.
    There are also personal care plans where things such as physiotherapy are covered under Medicare-that is if the Libs don’t destroy that as well!!
    Sorry to hear about your Dad who no doubt went to work everyday for years, like we all did, with no idea what would happen to him when he was hurt and despite paying taxes was let down by governments that only care about what they can get for themselves!!!

  121. Jeffrey

    This is not a reply, rather a statement of my personal situation.
    In 2003, I was self employed, a partner of a very small company. I suffered a quad bike accident while in the course of work and had a severe fracture of my lower right leg. This needed extensive surgery which eventually put in back in place. Regrettably, the nerve damage that also occurred was not able to be repaired. That left me with a “foot drop”, a situation where I could not raise my foot and unsupported, it just dropped.
    An insurance settlement provided me with a relative small monetary compensation for “pain and suffering” and sundry expenses. By that stage, my marriage to the other partner had failed, the company had folded (workers compensation premiums had increased so much) and debt was WAY over my head.
    The settlement settled the debt and little was left.
    More importantly, the legal settlement provided for ONGOING SUPPORT as needed, for my welfare.
    I require an orthotic splint to support my foot/leg and medical personal have stated that this should be replaced each year (muscles atrophy and there may be other changes). I also require footwear that will fit my foot and splint simultaneously. This is not a huge expense; about $1200 each year but that is a serious bite out of an old age pension.
    Apparently I have been assessed as having a 27% whole body impairment and thus fall short of the arbitrary 30%.
    Like all injured workers, I find it appalling that the government can change the rules midstream and over-rule a legally binding finding.

    1. Marko

      Jeffrey, it is so coincidental that you mention foot droop, as that is EXACTLY what my father has. He almost had his entire leg [thigh to foot] cut in three places by a forest harvesting machine’s clamps. It was actually a very close to death incident, where a helicopter airlift and a very life threatening loss of blood almost took him away from us. To this day, he walks with a support because of the tendon/nerve damage, and has regular procedures and drugs to numb the nerve pain from that and the damage to his back from years of driving forest machines.
      The loss of medical benefits because of this absolutely ridiculous back-dated, retrospective law is what drives me mad. It is like telling someone that their superannuation they have put money into for the last 40 years, will now be only half of what it was because the new government decides to tax it at 70%. It is an absolute disgrace, as is the Liberal government right now, who want to rape and pillage everything we have worked hard for in the last half a century or more. The most frustrating thing about all of this, is that we will have to wait another four years for the opportunity to elect another government who may, or may not, reverse all these CORRUPT activities. In the meantime, they are now attacking the unions, to retrospectively claim more money from hard working Aussies, in the name of “budget savings”. I wonder who will have to pay next? Maybe they will introduce a homeless tax, for those who live in ditches and culverts, so that public servants won’t have to look at them when they ride to work in their lycra suits. I am so sick of this crap.

  122. council worker

    not sure on that question Marko. they have reduced and taken away so many benefits from us .for your dad’s sake I hope things are returned so that he is still covered

  123. Marko

    A question on behalf of my Dad. With the new laws regarding cuts to your medical benefits after 12 months of not working or receiving WC, does the following apply?
    If you are injured and you were getting meds through the system for your injury, then you retire at 65, do they stop paying for your medications after you turn 66? I sincerely hope this isn’t the case, as my father is still on strong and expensive pain killers, which if worker’s comp stops paying for would eat up his retirement plans in no time.

  124. Council worker

    thanx Marko . I am and I will fight till someone takes notice of the way they treat us. And we get the treatment we need .

    1. Complainers of the world make a difference

      Council worker it is really important to see if the IMEs you saw for the insurer actually have qualifications, expertise and experience relating to spinal surgery or shoulder surgery. The WorkCover Guides are quite specific and state as an example a had surgeon for a hand injury, a spinal surgeon for a spinal injury. The IME must have qualifications and expertise in the area of injury so if they don’t you can dispute on this. Before you do though it is better to go back to your own treating surgeon and ask if he can write a report challenging the opinion of the IME to give specific reasons as to why you need the surgery and how it will help you return to work. If your surgeon doesn’t want to comment on the IME report just ask for the reasons and how it will help you get back to work. You can also tell the insurer you want approval to see a different treating spinal surgeon for a second opinion. If they won’t approve that just go under Medicare. You will need a referral from your NTD in any case. It will be harder for them to dispute your request if two treating surgeons agree you need the surgery. Once you get all this evidence and if the iME has less qualifications you can ask the insurer for a review of the decision and you can provide further evidence.

      1. council worker

        hi complainers of the world, thanx for your help ,the 2 ime s I saw were both about 70 y/o and apparently workcover accredited but their reports are all over the shop,with them both contradicting themselves, I had to ring workcover twice to get these reports as the insurance co were using delaying tactics and went well past the 21 days for a decision .I have seen 3 spine specialists now and two state I need the surgery on my neck, nothing will be done to my shoulder until this is addressed, so im just left in limbo , its just awfull the pain im in, they have paid for all treatments leading up to the request for surgery,massage/accupunture,3 injections in 3 levels of neck, medication,herbal teas,ointments,etc and now they deny it, how are these organisations allowed to do this to injured workers. if they disputed this why did they pay for all of this?

  125. Council worker

    thanx mushroom. yes I’m sure there is mate.

  126. council worker

    hi everyone another update . I got a ph call this morning from my insurance case manager. they said that they have their ime s report and are now disputing my Cspine surgery or any further treatment of this. But accept costs relating to my shoulder injury. they since the further injury to me in dec 2012 and feb 2013 have paid for MRI s that show injuries to my neck, 3 injections to 3 different levels in my neck ,they have funded. Physio/massage,acupuncture, ointments,herbal teas and medication. But can now turn around and refuse the surgery I require to try to get back to some sort of condition to try to go back to work. and as for my shoulder ! I’m just told by all their specialists to force my arm to move even if it hurts and makes the shoulder and neck worse ,,you have to keep moving it. these people are not specialists in their fields they are pawns in the insurance co s game of chess ,this game is our life and the way we injured people are treated. More to follow.

    1. Marko

      Wow , that totally sux. You have it bad to say the least. Only a few of us care apparently, nobody in the scheme does. Wish u d best. Chin up and fight tooth n nail for everything u deserve.

  127. Council worker

    I was told by a health provider.that the government pay them a bonus when u are pushed back into the workforce.weather you are injured or not Marko.

  128. Marko

    Has anyone been through VET or job seeking after injury to find a suitable career after injury? I’m specifically looking to see what kind of process you have to go through when you have been pretty much told you can’t continue with your well paid labor intensive job and you must look for alternative employment in something else, when you are only qualified for your previous role and you aren’t qualified for anything else?
    To be specific, 23 years of being a sparky and then being told you can’t continue to do anything repetitive or strenuous with your dominant arm, what can one do when sitting on a computer for a few hours causes chronic pain? So far I’ve been pointed toward estimating/sales stuff, which I’ve never had any experience in and I wonder how I would react considering I am not a people person. Estimating means doing stuff with money and I have NEVER been good managing budgets and I made over a $2000 loss on the last car I sold.
    Then there is the dilemma of this hypothetical situation – If and when I return to work in a job that pays me half what I used to earn and the insurer tops my payment up to my 100% of previous earnings, what if I am required to work say 50 hours a week? I could be on $5/hour, making $250 before tax and having the rest topped up to my 100%, but now I am working 125% of my previous hours and only getting 100% of my previous wages. Now there is a scary thought.
    It seems that the rehab people have some kind of incentive to get you back to work at all costs, regardless of whether it helps you back to your previous earnings or not.

    1. Mushroom

      Hi Marko,
      When I was medically retired they forced me to attend a private rehab company who threatened me that if I didn’t do as they said, (apply for ten jobs per week ) they would cut me off weekly benefits. I was forced to take the first job I could get which ended up with that job exaserbating my original injury due to the aggressive nature of the job. It was a crap job but the private rehab company were happy because they got me off their books, bonus paid, job well done as far as they,re concerned. I think they were meant to investigate the new work place to see if it was suitable but if that was the case none of that was done. So Marko please be warned, don,t let them force you to take the first thing that comes along. Please think long and hard about your next move. The way I see it you have been injured and it is not your fault, insurance was paid to protect you it is now time to call on that insurance system for help. Surely it is your right to at least be placed into a job that has similar pay and benefits, if it means retraining and weekly payments until you are placed in such a job so be it. Be wary if any jumped up little rehab consultant starts making threats about you losing your weekly payments. Don,t trust anybody you come across. I believed all their crap and now I,m sitting without any job or any income. I,m just lucky my wife has a good paying job to support me and three kids while I go back to tafe to retrain and hopefully get a half decent job. It looks like I,ll never get the same benefits I had in my lost career. It looks like I may not even get another job because I wear the black mark of the workers comp system! I hope things work out for you Marko, I hope for your sake that the ACT system Isn,t as corrupt as the nsw system and I hope they look after you properly, be careful, only time will tell if they can get you sorted correctly as they are meant to do. Good luck. I,ve given up fighting for any rights, they beat me, I was completely compliant with all their requests, 18 years public service, a nasty psychological injury and I get thrown on the nsw workers comp scrap heap for my troubles, no job, no benefits. Thanks for nothing mr o,Farrell.

    2. Mushroom

      Sorry Marko, I just re read your post. In regard to your wages being topped up. This was the case for me. I was prepared to take any job because my wages were topped up to what I earned in the public service. I was prepared to accept this as a fair compromise for losing my job and benefits but then Barry o Farrell comes along and re writes the whole workers compensation laws so that I lose any payments that I was entitled to under the old systems because the laws were retrospective. So Marko don,t fall into the trap of taking on any old job under the guise that you will get your wages topped up until retirement because I,ll bet my balls to a brick they,ll just change the act laws later on down the track so as you will be left with nothing. Marko try and hold your ground, insist on retraining and placement into work that you DEFFINATELY know that you will be able to sustain until retirement age. You have one chance to get this right and your future and your family’s future depends on it. Good luck.

    3. Mushroom

      I have just been wondering if the nsw workers comp system is corrupt or incompetent, or both. It is certainly not ethical nor professional.

      1. Marko

        I also agree with your sentiments about these rehab people, getting their benefits by getting you into work, regardless of what it is. However, our WC laws stipulate that Voc training is supposed to get me back to a similarly paid job or better. That’s why I am going to knock back ANY attempt to get me into being a door-to-door salesperson or some kind of retail that has no chance of progression into a similar salary. I will jump through their hoops to a point, but selectively. Apparently I’m going to be applying for 5-6 jobs per week but as I have already found in my searching for the last three months, that will be a waste of time as there aren’t any jobs out there that I would even get to an interview stage with because of my skill set.
        The next hurdle I have is transport too, as I don’t have my own vehicle [company car for last job and my motorcycle got sold off after I couldn’t ride any more] . Most jobs I have looked at that might be suitable stipulate own transport, so that is going to be a challenge for them to overcome, not me.
        I know they won’t top up my wages till retirement [another 20 years or so], I’m guessing they will cut me off after another year or so with a pitiful payout and leave me to fall into the cracks.
        No matter how much these friendly, young, smiling, re-training people try to coach me with curriculum vitae [of which mine has been successful every time I’ve needed to get a job in the past], they aren’t fooling me with doing volunteer work just to get back into the workforce. I’d consider that to be borderline on taking advantage of someone with a disability for the benefit of whoever receives their service. It’s like work for the dole, but nastier.
        I’ll keep you up to date with how it goes after my appointment on Thursday. In the meantime, I’ll just keep twiddling my fingers..LOL!!!

        1. Mushroom

          Hi Marko, interesting that ACT wc laws state that you must be placed in a job with same salary or better, it would seem I would have been ok if I had been injured in the ACT. Could this law be in place in the ACT because our glorious politicians and all our much needed public servants work out of there perhaps?

          1. Mushroom

            At the going down of the sun we will remember them, lest we forget!

        2. Marko

          From Workers Compensation Act 1951, A.C.T
          99 Vocational rehabilitation
          The insurer must ensure, as far as possible, that vocational
          rehabilitation provided or arranged for the injured worker under the
          personal injury plan is of a kind that may reasonably be thought
          likely to lead to a real prospect of employment or a real increase in
          earnings for the injured worker.

          and

          140 Meaning of vocational rehabilitation
          (1) In this chapter:
          vocational rehabilitation, for the injured worker, means—
          (a) the assessment of the needs of the worker for paragraph (b);
          and
          (b) the provision of appropriate, adequate and timely services for
          the worker aimed at maintaining the worker in suitable
          employment or returning the worker to suitable employment.
          Crap, I just noticed the “or” after real prospect of employment. There’s always a catch isn’t there? One word makes all the difference. Guess I’m screwed then, stuck in a pitiful sales job [suitable employment] hating my life forever…..bye, bye house.

          1. Mushroom

            You have to be a lawyer to try and navigate this hopeless workers comp system. The average person has no choice but to place their trust in these well paid rehab people and that trust is stomped on by them forcing you into the first crappy job that comes along, unfair sucky system needs to be replaced with vocational insurance!

          2. Marko

            Agreed. Maybe I can be one of these voc-rehab people if they have such a high earning job and all they do is type up references for others. In my first appointment I surprised them with the quality of my CV. It might have looked impressive, but it is only good for one thing now, and it isn’t for job seeking in any other field than what I was qualified to do before. Might as well screw it up and start from scratch with my experience for pretty much any job being “zero”. If ONLY I had enough money to get income protection before this accident happened. Considering I only pay $60 per week for house, contents, car and pet insurance all together, $30 a week to protect my income seemed a bit much, but it would have paid itself off in no time.
            Out of curiosity ‘Shroom, how long did they have you job seeking before you got into work again and how long were you in that job? I just wonder if they will keep topping up my pay indefinitely, or get to a point where they consider the injury and impairment permanent and just pay out? Anyone know when that decision is made, 12 months, 2 years or longer? There are big differences between being deemed unfit for suitable duties and your injury puts you in a permanent disability status, or the alternative limbo, where they keep waiting and trying things until you are worn out enough to throw in the towel, cut yourself off from their games and just try to get back into the real world again. Not knowing what their next move is, makes your future so uncertain in every aspect that you can’t plan anything. Some sort of closure or finality would be such a relief, which I thought would happen when the specialist and doctor agreed I couldn’t continue my profession any more. Apparently that was just another hoop I had to jump through.

          3. Mushroom

            Hi marko, I got another job pretty much straight away, the thing is I believe there are a lot of jobs out there but most of them are crap jobs that even an average person cannot sustain doing for a long time never mind someone with a recurring injury. It looks like it is game over for me, my weeklies have been removed and my medicals will be removed in September so I,ll be left with no job no income and an injury that makes it difficult for me to find the right job. In all fairness the insurance company said they would pay for a rehab provider but I,ve decided to retrain on my own bat, it,s sink or swim time for me. The shareholders can keep their millions they obviously need it more than me, what,s the sense in having insurance when they don,t pay anyway?

          4. Marko

            Thanks for the help. I will do my utmost to make this work in my favor and not theirs. So sorry about you guys in NSW and the crap the gov has done for you. Never trust a politician and never vote for any of them, Labor, Liberal, Green or Democrat, all they are is stooges for all the big money corporations out there. Stay strong folks, at least we have each other here for support.

          5. Mushroom

            If you get sick beware the smiling human resources officer, they will shaft and stab you,
            If you try and get better beware the psychologist hired to sack you nicely,
            If you want to work again beware the rehab worker paid to get you into anything,
            If you want to buy a clapped out junk heap go and see a second hand car salesman,
            I don,t know about solicitors, I dare not go there!
            Beware the case manager,
            Beware the hired gun insurance company preferred psychiatrist with opinions for sale.
            Apparently I need to work on some trust issues!

          6. Marko

            Guess what. Just rang this afternoon to see when my payment is going thru. They said it was being done. Then just after 5 I got email saying My med cert is only valid till 29th and I need to update b4 they will pay me. Didn’t tell me on phone when I rang. Still, my cert is good till 31st, like it said in the SMS they sent in last few days. All along I was never told I had to predate my med cert into the future payment either. Leeches the lot of them. Now I can’t afford to go to VOC rehab appointment on Thurs. GREAT system this is.

  129. council worker

    hi complainers of the world, thanx for your post, I have no problems giving my assessment reports of both their ime neuro and ortho they sent me to. if it helps other people to get treatments needed and to show the govnmt and public what these denials are making us go through I would be happy for adam to have copies, my whole story of my injuries and the way ive been treated are on this site if you would like to read it.
    I have a solicitor who as we speak is notifying the insurance co and their ime as to his report,and I may have to go back to my solicitors ime again for another assessment, I will update any further info as it comes through. no I wasn’t sent far away but it took them a fair bit of time to get this guy and believe me he was 70 if he was a day, he obviously doesant do surgery anymore,so why use them? makes you wonder why. ive also been in touch with the insurance co and asked for a new case officer as I wont put up with her treatment of me any further, ive sent an email detailing my concerns with her and her manager said she will look at it, but said she cant guarantee it, ive also sent my story to david shoebridge as he seems to be fighting for us injured people and my story and treatment may help, take care all, will update again, im sure.

    1. Complainers of the world make a difference

      Good on you Council worker. Keep up your fighting.
      If you could give Adam permission to tell me who your IMEs were I will give him any info I have about them if I know there is evidence they are crook. Tell Adam to email me the names of the IMEs they used to deny your surgery. Also who is your insurer?
      If they don’t give you a new case manager then ask the supervisor who her manager is and make a complaint telling them how their harassment is making you psychologically upset and ask them if they want to pay for you to have psychological treatment.

  130. Complainers of the world make a difference

    They are not going to use the IME report to deny surgery they will use it to deny your whole claim so you need to work fast!!

  131. Complainers of the world make a difference

    Hi Council worker,
    Would you please pass the name of this IME to Adam on this website and give him permission to tell me who the IME was and a bit about your case so he can tell us at the Newcastle meeting on Friday. If you have any evidence that the IME has misrepresented what you told him ie evidence to show he is factually incorrect or other things such as a complete misrepresentation of what your imaging studies actually show or is stated in the radiologist reports then you need to make a written complaint directly to the insurer as well as WorkCover.

    In my case and my husbands’ case we could show evidence and contradictions in the IME reports and when we made our complaints the insurer and WorkCover removed the reports and gave back the claims. If you had a witness get them to write a statutory declaration saying what you told the IME so you can show how you were misrepresented. We have been supplying WorkCover any evidence of corrupt or unethical IMEs to show them how some of the IMEs are not impartial.

    I would not rely on the Commission either because we have evidence some of the IMEs who are seeing people as AMSs for the Commission are just as bad when they work for the WCC. You are better off to make many complaints now and to make them to the insurer before you go to the WCC as once you are assessed by an AMS you are stuck with what they come up with. Once you make your complaints you can ask for a review and for another IME who is not biased. Did they send you past a bunch of IMEs to get to someone they preferred a long way from your home? Look up the permanent assessors on the WorkCover Website to see if you could have been sent to someone closer as the WorkCover guides for IMEs say you should see someone geographically close to your home, so when the insurer is prepared to send you hundreds of miles from your home to get you to a preferred assessor there is usually a reason.
    Good luck!!

  132. council worker

    Council worker. we’ll I received the ime s report today and the report says spondolosis and degenerative changes of the neck ! Funny that isant it that a man can work all his life and not have any neck or back injuries yet they pull this out and try to make people believe it was already there. His report is missing so many things that he didn’t do to assess me and puts his own views on it which never took place. we’ll I guess it’s off to the wcc to see if any one there will assess me and see through his crap. I’ve also sent my story to the parliamentary commitee on workers comp and the providers we have to deal with. Hopefully it will be looked at so no one else goes through what I am. and changes some of the ways they treat us. Nite all

  133. Complainers of the world make a difference

    Good on you council worker.
    Complaining worked for me and my husband. We made complaints every time the insurer did something wrong or upsetting, then when the case manager did not act we went higher until we got to the top levels ie the operations managers and the general manager of the insurance company.

    WorkCover were very good and we gave them the information so they could get onto the insurer and they did. Remember WorkCover did not make up the Legislation, they are only doing what Barry and his cronies legislated them to do. When you get responses from the insurer showing they treated you badly and that they are giving you a new case manager because of it then cc the whole lot to every politician in the state so they know what is going on as well as WorkCover so they will have to take action.
    One of the biggest problems in this system is the waste of money with disputes being created by insurers’ solicitors using preferred IMEs who give a diagnosis totally different to what you have usually being treated for, for many years. Liability is then denied until it gets to the WCC and then even further. This means the only ones who really gain are the solicitors and iMEs for the insurance companies.
    I have a great deal of evidence that provides me with great concern regarding the financial benefits being gained by others at the expense of the injured worker.
    At the moment there are 9000 cases waiting to be heard at the WCC instead of the usual 3000 before the changes. That says a lot to me!
    If you complain to your case manager about any suspect IME/IPC reports and ask them to do something about what often looks like complete fraud from the IMEs then it is their responsibility to investigate and there is always someone higher, so do what Council worker and we have done, make complaints and remind the people who don’t do anything they are condoning it!!

  134. council worker

    council worker just updating on the latest fiasco from the insurance co. We’ll in my last post I saw the insurance co ime neurosurgeon. That was on dec 5 2013 and the decision they said they will make on surgery of my Cspine when they get his report. we’ll I sent an email 2 weeks ago to them and asked if they had the ime s report ? I also asked for a copy . a few days later I rang them as I didn’t get a reply and was told they had his report.she never mentioned giving me a copy but now said before they make a decision they now want a copy of the neurosurgeon who took me back off work duties. that has nothing to do with giving me a decision for surgery. I rang workcover again and told of this attitude of the insurance co claims girl and they did state to me they had enough time to decide and give an answer for surgery.and the other matter of my surgeons report is another matter. I also stated that I had problems with the case officer before and had complained to workcover and the insurance co and her boss rang me and asked me to continue to work with her. I said I would but only if she stopped treating me the way she had been. So I’ve asked workcover now for a new case officer and their reply to me was that I am entitled to a new one for the way I’ve been treated by her. all I want is an answer yes or no for this surgery so I can take matters further in the wcc if they deny my surgery. they have people following me and walking past my windows looking in my unit from next door. I have caught them hanging out the window of a car taking pics of me walking with a bag in my good hand and being called a dog as they drove off. I now take pics of them when I know they are watching me and after I do that they piss of quickly. workcover have now said they will escalate my complaint to a cat 1 level. Whatever that is and if I don’t hear an answer from the insurance co by tues to ring them back. If workcover had of given a dam about me and my condition I would be in a better place than what I’m in now. keep tuned and I’ll update soon. take care all and if your not getting anywhere with your insurance co. Start complaining as I’ve done.. Hopefully someone will hear my voice and make these people accountable.

  135. manuel

    Hey sorry to hear that you are hurting ask your Dr about see a psychiatry or Psychology to talk about how you feel about not being able to work.
    them not paying you is because they have a pi on you to see if you work to make money to pay bill its call the starve you out trick . in my state you could only sue if they did not pay you in La . most state have a law that a P .I must tell you who he is if you ask him and he must before he talks to you be careful they will give you there card tell you who they are and tell you they are working to help you be for you read the card no not talk to them . I would go see a lawyer most of the time they will take a case and get paid at the end of the case but will put a stop to you not getting paid . if your dr is telling you that you need more time that’s what go and if the people pick the first dr you can pick only one info that field but every time they send to a new dr you have the right to pick one to . best thing to do is see a lawyer. After that no one can talk from your enploryer if you hire him
    Good luck hope this help you (l am not a lawyer) just been through 19 years of the WC rules

  136. Injured police of Nsw

    Injured NSW Police officers need your help.

    Our group is called the Injured Police officers of NSW.

    This will give you an insight to how this system is failing retired and injured cops in Australia.

    The members include former Deputy and Assistant commissioners all the way down to Constable.

    I am a former investigator with the NSW Police Force, serving approximately 22 years, until my forced or constructive retirement.

    PLEASE HELP ME SAVE A POLICE OFFICERS LIFE OR IN THE LEAST THE QUALITY OF IT IN SOME FORM.

    By signing this petition, you will assist in preventing yet another serving or former police officer thinking or in fact taking his/her own life unnecessarily.

    We as individual victims of this vial Injury system also seek your support because innocent families are being destroyed.

    We are in the process of pushing for a complete investigation into the tactics use by Workers Compensation insurer Employers Mutual (EML) and First State Superannuation underwriters, MetLife.

    We have also started a petition pushing for an ICAC or Police integrity investigation.

    This petition has over 650 supporters signatures since it started late Saturday night.

    See these insurers and their contracted agents are themselves agents of the Government and can fall under these investigate bodies as their master is the Crown in relation to this issue.

    So as mentioned we write to you for your support and if possible, to sign a petition in relation to the appalling and perceived corrupt treatment in the least, of all Injured and or retired NSW Police.

    The Internal and external harassment by contracted agents and cronies within, along with their contracted insurers or emanations if you like, is sickening.

    They are a law underthemselves as these agents are given the “green light” to undertake various forms of unethical and continuous vial practice against retired and or Injured police officers.

    What was witnessed on the ABC 730 report on Thursday,19 December 2013 is real.

    The reporter, investigative Journalist Loiuse Milligan, from Victoria, showed us she has integrity to expose issues involving the Government agent and insurer Metlife.

    Louise has also exposed bullying in VicPol.

    Now it is time for the Injured Police officers workers compensation insurer to be held to account as well as Metlife.

    We have all been affected, witnessed or been victims of this uncaring system at some point in our lives for various reasons and or incidents.

    Complaints have fallen on convenient deaf ears to appease or cover individuals under the old “chums Act” in my opinion.

    Please take a few minutes to read the petition. You may just get the picture which will change the lives if many in the police family.

    We are being honest and transparent, so should the government, hence we wish to lay our evidence on the impartial table for a investigation.

    If you wish, please sign the same. This cannot be done without you !!

    I am sure you can understand the predicaments which face Injured officers, who once were the protectors, now themselves in need of protection.

    In fact you may know someone who has or still is unfortunate to wear the Police uniform in some State or Territory, for the fact that injury protection is totally inadequate or in fact non existent in some States.

    These officers now undertake their daily duties without proper safeguards in place, to protect them from various forms of injury and or internal retributions.

    The “poisonous” vine has grown and intertwined with various other agents of the Crown, spiking many with their venomous tips crucifying many a good officer.

    In turn, every officer is witnessing various forms of harassment, where the poison has also numbed their tongues for the above reason.

    We are pushing for a full enquiry in relation to various allegations of unnecessary surveillance on officers, their families and children just to save a buck.

    There is documented evidence of intrenched bullying and clear perceived misconduct.

    The reason for this inquiry is to expose and hopefully rid corrupt conduct by agents and or contractors of the Government, along with certain so called professional “cash for comment” report writers and decision makers who know their regular master.

    The mannequins in powerful positions, some wearing uniforms, who only appear when the positive stories come to fruition, will hopefully be held to account.

    Your support will be ever grateful to so many suffering officers and their loved ones.

    Please feel fee to pass this on to support the Injured Police, especially other Police throughout Australia and Overseas.

    Hopefully retired and injured police with decades of investigative experience and service can bring the whole Insurance and Compensation Systems to account.

    I could not see our Crown counterparts enduring this type of inappropriate conduct towards them.

    We swore the same oath to the Queen as the Politicians however are treated so much different?

    Simply click the link below to support the cause.
    http://chn.ge/1dtkbLz

    Twitter Accounts:
    @InjuredPolice
    @NSWPolicePTSD

    Please join and retweet, email, Facebook to your connections.

    We only have a voice in numbers.

    Enquiries Email:
    hurtonduty@bigpond.com

    Regards,
    Injured Police of NSW

  137. Long wait

    Horrific process to have weekly payments/ medical
    Treatment after the legistation changes

    Heading date at the commission next XXXXXXX – any other people been to a hearing and can
    Advice on what to expect?

  138. Tim

    Found out today that my claim for workers comp is denied because the attending physician listed me as “being available for light duty work” but failed to inform me that it was my responsibility to inform my employer I could do so. My employer was well aware of this fact because they recieved copies of the doctors report of my treatment but did not provide any light duty work for me to do so they or Travelers insurance would not have to pay on this claim. Sounds to me that the law is in favor of the employers and insurance companies and not an injured person that would expect the state to protect their interests and rights.

  139. Tim

    Just found out today my wokers comp injury claim will not be honored because the wokers comp physician said I could return to light duty work but did not inform me that it was “my responsibility” to inform my employer of this. Because a worker who is unaware of this does not report for light dut work their claim will be denied. Sounds to me like the State of Missouri, employers, and insurance companies conspired to screw injured workers to save a buck! XXXXXXXX THE STATE OF MISSOURI AND THEIR DAMN LAW!!!!!

  140. At A Loss

    https://davidshoebridge.good.do/tell-your-workcover-story/tell-your-workcover-story/

    If you haven’t done so please fill out this survey.

    these are the kind of injustices that need to be exposed

    https://davidshoebridge.good.do/tell-your-workcover-story/tell-your-workcover-story/

  141. Council worker

    hi everyone just another update on my injury. we’ll after being advised after all the conservative treatment I have seen at least 3 spine drs now. I made the decision to have the operation after the advice I recieved and asked for approval for the cspine surgery. now the insurance co are disputing liability and rejecting any treatment that my neurosurgeon has advised I recieve. I was sent to the insurance co s orthopedic surgeon and in his report he has said things in it that never happened in my examination and has also contradicted himself with what treatment I should recieve, he was approx 70 years old . I then saw their supposedly independent ime neurosurgeon and he did not even ask me as to move my head from left to right or move my arm /shoulder to find out where the pain is. he touched my neck and shoulder with 1 or 2 fingers and asked if that hurts a few times but I could hardly feel it. this man was also around 70 yo and did not examine me like all my other specialists have to see where my problems lie. it has been 20 months since my injury and prolonging the treatment I need is making all my pain worse. the insurance co also requested a conference with all parties and the rehab and insurance co case manager misled my dr with my specialists reports and was sent to do light duties. it was for 3 days pw at 2 hrs per day. Just doing checks on files and filing things away. but any movement from my arm/shoulder goes straight into my neck/upper back and I end up having to lie on the floor several times laying in between fax machines and filing cabinets. With the increase in pain during this and having to take more medication I went back to my specialist and he said lying on the floor was dangerous for not just me ,for others in the office and is increasing my pain which is unacceptable to my condition. I saw my dr last mon and he put me off duties. I notified my employer and they put pressure on me to come with me on my next drs visit .obviously to try to get the dr to send me back again with all I’m going through. I do not believe they have the right to ring me up and request this. It’s me going to see my dr. If they wish to see him they should do it through normal Chanel’s and request a case conference. All appointments to their drs and specialists are advised by letter and I believe this is the process they should go through. I battle with depression and anxioty every day and I do not need them to put any further stress on me. hopefully something will be sorted soon but I’m sure I’m going to have to fight them for any further treatment. I will update again later.

    1. Marko

      Crap. That is a shocking story to hear, especially regarding the over-the-hill specialists and their apparent lack of interest in doing a thorough job.
      The rehab therapists assessments are a joke in my opinion. They make you do the lifting, squatting, carrying, and other movement exercises which are great, except they don’t at all reflect the pain of your actual injury and don’t show the tasks you cannot do. Suitable duties is a joke too. What is suitable, anything, even when it increases your pain? I also love the attitude of the pain specialists and their “pain is good, it doesn’t mean you should stop doing what causes the pain, you aren’t going to make the injury worse..”. How do they know that pain doesn’t mean you are tearing a healing tendon more, or that the nerves are become increasingly irritated and inflamed? All they are doing is saying that the pain is in your head, whilst at the same time they are emphasizing that it isn’t in your head. “Flare-ups” is my favorite hated term. So, if the pain increases with activity, it’s a flare up and you’ve done too much, you need to rest it start gradually. Then they keep saying you shouldn’t baby the injury but keep active and moving it, it will settle and get better. Then they say you’ve been doing nothing for too long and the muscles have weakened, more exercise is the key.
      As for the insurance now contesting liability, how can they accept it, pay for treatments and then deny liability? That to me stinks of simple bs and they now it. I’d say they will get their nicely paid lawyers involved to figure that one out to save themselves money. I feel so sorry for you, mostly with respects to the pain, I couldn’t bear to think of having that kind of pain and lack of mobility. I count myself fortunate not to have been hurt that badly and your story along with others here put a different perspective on life.
      Good luck and stay in touch. Here you can at least talk to people who understand.

  142. Complainers of the world make a difference.

    Ring WorkCover 13 10 50

  143. Dani

    Can anyone tell me if whilst on workcover can your employer “mysteriously” not have enough work for you and send you home?

    1. Marko

      The less the employer pays, the more goes to the insurer. It’s a sucky system but that’s the way it is. If they say they haven’t got enough work, they just say so BUT if you don’t show up for your hours allocated, they [insurer] expect a doctor’s certificate. Not fair is it?

      1. Marko

        Sorry, I meant to say, the more the insurer has to pay as opposed to the employer, so it’s better for your boss. At least that’s how it works here in Canberra. Depending on your job, if you are able to carry out your duties without restrictions by the DR, I don’t see why there should be a problem with not having work available though.

        1. Mushroom

          Hey Marko?
          You still here mate?
          Do you reckon if I wrote to Tony Abbott he would lend me a few bucks to pay the mortgage this month?

          1. Marko

            Hi, I am back. Got the internet re-connected. Tony isn’t going to help you, he’s only helping out his mates in big business whilst taking away from struggling families like us. I’m already behind in the mortgage and NOBODY is willing to help with a loan/re-financing or anything at all. I haven’t gone to see the Salvos yet [too proud to accept charity] so we just scrape by with food. I was told again by the bank that superannuation should be able to help with our mortgage repayments under financial hardship but I’ve already spoken to them twice and been denied. This time I’m going through Dept. of Human Services [if they have an office instead of a help line phone number]. I’ve been given grace on our mortgage payments till Jan 2014, but then we have to play catch up. My specialist has recommended [in writing] that I be re-trained and if I continue trying to get back to working as a sparky, I will end up in chronic pain. So, I guess getting back on track with the mortgage isn’t going to happen quickly. Doing 4 hour days [maximum the doc would let me] hasn’t helped the healing as the first hour usually sees me start to struggle with the pliers and screwdriver. The re-hab gym people still think another 4-6 weeks and I will be back to full time, but that’s what they said over two months ago. They also keep wanting me to do less work and do a gradual return to tools. All the while, I try to get as much work to stay on top of things. Catch 22, catch 22, catch 22, it just keeps on trapping me in this hopeless situation. At least our Christmas won’t be as bad as I thought, I can live in happy denial until January 1st 2014 and then collapse into another year of misery.
            Sorry for hijacking your story Dani. How did the cut in work go? Did you end up losing out on pay as a result or did Workcover bridge the gap?

    1. Report unethical behaviours to your insurer and WorkCover

      It seems this may be the IME that has said a few other things over the past years to show his attitude toward injured workers, particularly those who have been bullied at work or those who have substance abuse problems as a result of mental heath issues.

      Some of his other tweets are quite revealing as are his comments in newspapers!!

      As for the Bressington matters these were complaints from injured workers in SA who went to her because of what happened to them during the assessment. She didn’t ask people to make such complaints, she just raised the matters in the SA parliament and the SA ombudsman made some recommendations about such fly in medico legal assessors.

      Once again it should be noted if you are sent to an IME and there is evidence they are not going to be impartial, make an objection on this basis to the insurer before you attend. If they don’t give you another IME who is ‘independent” put your concerns to WorkCover, particularly if you are being told you have to travel or skype to see an IME. There are clear guidelines for the independent medical examinations and if you read them you may find they are not being followed by your insurer.

      If you find your insurer is not following these guidelines and are moving heaven and earth to get you to see a particular IME you can be pretty sure they have reason to do so and in my experience their solicitors have chosen the IME.
      Check out the guidelines at-
      http://www.workcover.nsw.gov.au/formspublications/publications/Documents/independent-medical-examinations-reports-guidelines-3740.pdf

      If you have been to an IME or AMS or IPC who has bullied you or who has written a report that is obviously unfair, biased or inaccurate make a complaint to WorkCover. Provide a statutory declaration and if you have a witness get them to provide one as well. Be clear about exactly how the report is biased or inaccurate or against all your treatment evidence and be clear about the actions of the assessor and how this affected you including any feelings of distress or anxiety. Also report all this to your own treating doctor so it is included in your medical records.

      It is very sad when you are already injured and you then have to fight for your survival in this system.

      Thanks for you info “basket case”, would you mind forwarding all your information to WorkCover on this matter. Ring CAS 131050 to see who the provider services manager is and forward them the information to show the lack of impartiality of the IME concerned.

      It is of concern that an “independent” medical witness is training insurance company staff and spending time with QBE TMF staff. We found much the same with an IPC working in QBE and WorkCover are taking action. Obviously the insurers are paying this IME for another role outside his role as an IME appointed by WorkCover, which is a conflict of interest for them both, so if you have been sent to the doctor mentioned above by QBE TMF, use this evidence to make your objection and refuse to attend because this doctor cannot be impartial if undertaking or being paid for roles other than his role as an IME.

      How can any injured person feel confident they are being treated impartially with this sort of thing happening!!!

  144. basket case dog

    The following are the tweets of a work cover authorised “INDEPENDENT!” medical examiner,” supposed mental health professional. These tweets make me sick to the stomach.

    “Go Tony!”

    “Abbott is a man of substance. Clear winner ”

    “After a great day at CQ, looking forward to spending the day with the good people at QBE TMF. Best job ever.”

    “Doing a great job in nailing that feral nutcase Bressington.”

    “Pet hate: calling a medical practice and asking if I mind being placed on hold. Then doing so before I reply.”

    “There is nothing quite like the bloodthirsty ritual of cross examination to restore humility”

    “Hope lost. Unfit to work due to mental illness; but fit to appear on TV. Employer punished.”

    “Julian Assange’s mother is a complete nutter.”

    “Had the honour today of photographing the Premier, Barry O’Farrell”

    “Looking forward to a week of training claims assessors!”

    Independent, independence, yeah right!

  145. Basket case dog

    So work cover is fucked ! What about other organisations, police, corrective service, politicians.? Let’s get it out in the open and be done with it. Bullies are a minority that rule the majority because of their aggression lets stand up to them and let us hear some stories. They are mentally ill people that need help! Let us stand up to them!

  146. Belinda

    Hi All,
    I suffered my first work place injury in 1992 when I injured my lower spine and consequently had 4 months off work and mostly in attempting to get back to at least walking and being able to get of bed to go to the bathroom. During this time and well beyond I had physiotherapy treatment, scans, Dr’s assessments (back in the great old days of not being an independent report so one may say 0% and get back to work and another equally qualified Dr would say 30% and you will need ongoing support and therapy for many years to come – it would appear nothing has changed in that regard). I was not referred to any rehab provider by my previous employer (DET NSW) so to avoid losing my salary whilst still unable to walk properly and in great pain I chose to return to work for two weeks before the Xmas break during which time I then spent suffering and going to physiotherapy three times weekly, dog paddling and walking in local pools at 5:30am to avoid crowds (in the same pool that as a teenager I had done the same times as a swimmer preparing for championships – so the sign of ‘go hard or go home’ was still thereto drive me on.
    I was a broken woman as I could not do what I used to be able to do.
    My claim was fully accepted by the then insurer GIO and I was finally placed on a rehab programme in 1993 and then spent the next 4 years graduating up to full hours but not full duties as it was simply never going to be achievable and the DET accepted that as did the insurer. In 1995 I suffered another injury which involved a degree of negligence on the part of another member of staff (he sat in the staffroom whilst his class ran riot outside – he is now deceased from a brain tumour so there is no fighting that situation nor proving negligence I would assume). On that day my life changed yet again and it was in 1996 that my body simply could not take any more and went into what can only be described as an electrical and oversensitive state at which point I ended up in emergency at St Vincent’s … drugged up to the eyeballs and unable to pass faeces or walk or have anyone touch me or communicate properly … imagine my surprise when I realised I was effectively being treated with a narcotic which is effectively XXXXXXXXX in its basic ingredient! Before any injuries I rarely even had a headache or took a panadol!!!
    I was reviewed and assessed by the very best sur