May 18, 2012

Your Stories

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.

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743 thoughts on “Your Stories

  • Just a question,
    If you have been assessed for Whole Person Impairment WPI between 21% to 30% (which is high needs) and received your WPI payout. Then once you have settled on your negligence and damages claim are you still entitled to ongoing medical if you require another operation or ongoing medical treatment if required if it will benefit you having the procedure? As the changes say you have medical for life. Are you entitled to this or have you waved all your rights for further medical?

    • Insurance Hater,

      The Whole Person Impairment lump-sum is in addition to your ongoing workers compensation payments. A pay out is slang for a whole range of lump-sum payments but in workers comp I tend to think of it as either a settlement payment or commutation. A settlement occurs when you, your lawyer and the insurers agree to end your workers compensation claim, generally speaking it happens at the beginning of a claim where the insurer (or employer) is denying liability at the workers compensation commission. a settlement accepts that the insure doesn’t have any (ongoing) liability but acknowledges that this is a grey area. It usually comes with a hush money clause (preventing you from commenting on your case). A commutation is where you have an ongoing claim and either you or your insurer wants to end it before time, generally before you reach retirement age. In this the insurer fronts up enough money to cover their perceived costs between the start of the commutation period and your retirement age.
      In both of those cases the insurer no longer has responsibility for your medical costs (they pay you a sum of money to cover them in the case of commutation). In a WPI “payout” you are still entitled to ongoing weekly payments and medical costs. As always your solicitor should know more about your particular matter than any information we can provide here so best to check what the agreement between you and the insurer actually is.

  • Hi everyone,
    The hearing for my case was held 7 weeks ago, however my solicitor or I have not received any outcome of it. Do anyone have any experience or any idea about how long to receive a hearing’s outcome?
    It has been almost 1.5 years since I put in my claim to the insurer. I can’t wait for a closure.

  • Hi I am wondering if anyone has any clues on what a good compensation payout would be for my 16 year old son who was shot in eye with homemade sling shot at school. He has a visual impairment,enlarged pupil,blurred vision,very high eye pressure,and cant stand glare and has no clarity.
    This happened two years ago,I have been going through process with Lawyer ,No Win No Pay ,all seemed good until now,It went from a substantial amount to a pitiful amount, in my view.
    It is getting settled out of court,and with some investigation I have found it happens more then often.
    My lawyer says if I go through to court proceedings ,I may even lose more money,IS THIS SO.
    Can anyone give me advise please.

  • Can someone give me advice if the insurer sends you for a vacational assesment can they send you to thier own assesor or can you choose your own? I have my own rehab provider and they are not using them.

    • Hi Jo,
      As an injuried worker you have the wright to choose your own rehab provider. As long as you choose a certified provider that is registered with WorkCover NSW.
      Do not be bullied by the insurer, this is your wrights. Become well educated with WorkCover, there rules and regulations and guildlines.
      Never be afraid to contact WorkCover too, they have helped me on many occasions.
      If you are a legitimate injured worker, push for your wright ok.

  • Hi lost the use of my right eye t otal blindness the insurance company have got cleaners and other duties I no longer can do I have got solicitors on to it and there no more rehebilation or surgery or any thing they can do for me my functionin eye isnt great I’m nearly 50 years old finding it hard to adjust do u think I’m over the 15% and wat happens next

  • Hi Rowan, can you please do a story about how low insurance companys will go even if it’s illegal, to deny liability. All injured people need to be aware of this. I have been in compete disarray, have felt hurt, my anxiety is high and the emotional stress is debilitating. Everyone needs to thoroughly read all reports from their insurer, all imes, and every report if they have received a section 74 denial of liability. I am now going through the OAIC privacy commissioner, because there has been a breach of the APPS that my work and their insurer have done. And this needs to stop. I was never notified of a factual investigation, nor was my partner and I ever asked for consent for our private and sensitive information to be collected and used. So Please everyone read reports thoroughly, because it can and will happen to you.

    • Hi Bel, it is a VERY common problem and scenario for most of us. I’m not sure of your abbreviations but I think that u are speaking about the Office of the Australian Information Commissioner – OAIC and the Australian Privacy Principles – APPS??? If so, you might find that you will hit a dead end. The Privacy Commissioners seem not to be able to deal with WorkCover because it’s a medical information scenario. Even it info is breached that is not a medical record, then if it’s in the context of WorkCover which relates to a medical scenario, then you might find they will handball it back to the Health Records Commssioner, who will in turn argue something else and around and around in circles you will go. I understand the OAIC is only where information is breached by a federal or commonwealth Gov body, so if it is a state based WorkCover Authority they will probably reject it anyway. Also read what the medical authority you signed on the Claim Form says as they may be entitled to do what they have done because of that. Let us know how you go but I have tried this approach numerous times to no avail. Good luck!

      • Hi Buddy, the privacy commissioner has already started to investigate this, because the privacy breach was about my partners personal and sensitive information and also mine, and if you read the app 3 collection must have consent, reasonably necessary, app 5 must be notified, app 6 consent on disclosing to a third party. There are permitted general’s on the collection of health information, and exceptions only apply to organisations not agencies, but they can’t just gather your information because they think it will be helpful, desirable, or convenient, they must have resonable and necessary validation for this. My employer is self insured, yes one of those big companies, so its not just the insurer in the wrong its my emplyer, the investigator and also senior management at my work. Read carefully and thoroughly about of privacy laws and the app’s. Every business has a privacy policy and must comply with the privacy act and app’s, just because one organisation needs information, doesn’t give the authority for the others not to comply. Your situation sounds very different to mine, if you haven’t had any success, and it only goes to the health commissioner when a medical practitioner is involved. A factual investigation is gatheting information for evidence, consent is needed, but if a private eye is engaged, and your under surveillance no consent is needed.

        • Thanks Bel for the info, I will go and read the APP’s. Never looked at it from that perspective and what I’ve been told here by the Privacy and Health Records Commissioners offices seems to just conflict with each other. Might just make a complaint and force them to deal with it. if they can’t talk people out of making formal complaints then it’s a lot lesss work for them. Good luck with your case and keep us posted.

          • Hi Buddy, I will keep you posted. If you need any help just reply back and we will go from there, I’m not an expert, but have had 6 months now reveiwing every legal aspect of this, and the help of my solicitor to answer question that I need to understand the law better. There is nothing in the Australian common and tort law about our rights on privacy, like the UK and Canada have, so that’s why we rely on the OAIC. If your reveiwing your situation, it just needs to be within the 12 month time frame they give you to complain, but yoh can always ring them to discuss your matter

          • Hi Buddy just letting you know that I am up to the negotiation stage on my privacy dispute. How are things going for you?

    • Well after a long 19 months on this horrible ride dealing with workers comp, I have won and will receive my back operation. Everyone please stick it out because it is worth it. We have to unite as a group and show the government, the insurance company’s and our employers, that we deserve the right, to be treated fairly. My journey is not over yet, but I am proud of myself for continuing my fight for my right’s as an injured worker. Yes I did want to give up, and I am so mentally and physically exhausted. But it is worth it. Just remember to keep a paper trail, and read through all reports.

      • Hey Bel.
        I too had to fight for my much needed surgery in my back so I really do feel your pain. Well done for not giving in.
        I had my doctors and surgeon pleading the insurance company to approve the surgery, i missed 3 surgery dates because of them.
        6 months into waiting the disc between my two vertebrae in my lower back ruptured, allowing the toxic gel contents to leak onto the nerves. This pain was excruciating, like being hit with electric shocks or an electric taser constantly. I had no control over my body, it was crippling.
        We had to call an ambulance and I was admitted to hospital where I stayed for 5 days while they tried desperately to get the pain under control. The hospital staff and there surgeons also pleaded with the insurance for immediate surgery but it made no difference, they were adamant to get a second opinion before approving it.
        I layed on a make shift bed on the lounge room floor for a further 6 months heavily medicated. They were dark times, constantly thinking about suicide!! Yet the insurance still did not care.
        The surgery is worth it, but make sure you know your wrights during recovery as I was doing well until the insurance company lied too and manipulated my GP to allow me to go back to full time employment after surgery, i lasted 3 months and I now in constant pain again all day and night every day.
        If only I know then what I knew now.
        Ive been fighting these karupt insurance companies for 4 years now and believe me, the fun hasnt even started yet.
        The things I have gone through, people wouldnt believe. It makes my freinds head spin, they are in disbelief.
        Im actually thinking of writing a book to blow this whole karupt insurance thing wide open.
        Its discusting what they put hard working Australian families through.
        We lost everything.
        But be strong.

        • Thanks James for the support and yes I will make sure the insurer do the right thing. I had to resign from my job as part of my agreement at the arbitration hearing, but can’t wait to be able to find a job when I’m recovered enough. Have you been through the impairment evaluation yet? I can’t believe your insurer let you suffer in pain like that before you got your surgery. It is so disgusting on how we are treated, I wish they would do a segment on Q&A on the ABC about the workers compensation shit process, yes I too have been thinking about writing a book. I just can’t wait to be able too attend the iwsn meetings after surgery, it has been to painful too sit in a car to travel the distance to attend. The 15th June can’t come quick enough.

        • if you write a book, I want the first copy.. I to could tell a very good story of three work place injury’s and dealing with doctors and lying lawyers. and the costs

  • Hi Rowan
    I wanted to attend the meeting in Gosford on Monday, but due to my injury I couldn’t travel their. How did it go

    • The meeting went great our local Labour sitting members do want to help us. And the shadow minister Clayton Barr seemed he wanted to work with us as well. And we have an open invitation for a forum nd media session at Parliment House in Sydney.

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