Description
A forum for interaction about Workcover South Australia and the experiences of Injured Workers.
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Workcover. Discussion place for injured workers and others.
Workers Rehabilitation and Compensation scheme review
Workers Rehabilitation and Compensation scheme review
<br>For those who wish to be kept informed and to receive information relating to the above review.
<br>Please register your interest at the "submitting and receiving information" link on the website below.
<br>or alternatively send me an email on
<br>wcompreview@saugov.sa.gov.au
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<br>http://www.premcab.sa.gov.au/wcompreview/ |
Posted by Cunningham W at 9:12 AM, 18/4/2007 |
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Recommendations of the board
It seems very much on reading the recommendations of the board that they do not understand that the Workers Compensation Scheme ( workcover) was set up to ensure that injured workers despite having received a workplace injury did not have their rights as workers eroded and the system was set up to ensure they were placed in the same position as other workers.
Any board that recommends such proposals to erode any injured workers rights clearly has lost sight of the objects of the act.
For there can be no fairness in reducing the rights or financial position of an injured worker simply because they were injured at work and especially if they are unable to return to work because of that injury..
Perhaps the review could also be broadened to take recommendations on restructuring the board and management including putting into approrpiate provisions to ensure that injured workers rights are not reduced because of the labor governments mismanagament of the scheme. |
Posted by Reader at 9:20 AM, 18/4/2007 |
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FOI documents query
I received my FOI application back from Workcover and one of the case management notes says.
"-Liase with fraud during investigations and provide information as required.
Continue rehab, and continue fraud investigations and continue legal reviews on wages, S43 if possible 2 year reduction dispute.
-liase with legal representative and instruct according to recommendationa and negotiations.
Purpose of strategies.
-To ensure worker accountable via Job seeking obligaions.
-to ensure fraudulent prosecution if warranted.
-to ensure determinations legally upheld.
Long Term Goal.
Negotiations to settle claim via fraud prosecution or redemption."
Has anyone ever come across something like this in their case notes?
Does this mean they are trying to get some evidence together to bluff me into taking a redemption??
Please can someone help me with this.... |
Posted by Unsure at 7:35 PM, 8/5/2007 |
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Surveillance
Hi the above need not worry you. This is how workcover and the claims manager progress claims.
Simply by getting some video, showing it to your doctors, exaggerating the activities you did to your doctors and then telling you if you do not take a redemption they will prosecute you..The claims management usually then goes something like this.
Redemption offered then
Intensive rehabilitation
Surveillance
Evaluation of claim.
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Posted by Peter F. at 7:37 PM, 9/5/2007 |
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Glad we found you guys.
We've been trolling the net for some support to help us with our situation as we come to the realisation that we are going to get utterly shafted because we are poor and he is injured and the insurance company are complete bastards.
This is the brief synopsis of our situation. If anyone can offer advice, I would really appreciate it. I am determined not to get bloody shafted again by an insurance company or risk my husband's mental health at the hands of some soulless corporate giant.
Email is moondyne@iinet.net.au.
I will write it in short sentences like a children's book for entertainment value and also clarity.
My husband worked for a small company.
They asked him to do something dangerous.
He did it.
He got hurt.
There were two injuries, one more urgent than the other.
He went to hospital.
They fixed the urgent injury.
The other was discussed slightly but not acted upon.
We documented everything.
Worksafe came in.
So did the insurance company.
They told the employer to fix things.
He did.
It cost a lot of money.
He was sad.
Hubby went back to work.
There were problems.
He went back on work trial.
The employer got smart.
He found a lawyer.
The lawyer said 'Hey! We have WorkChoices!'
'No more unfair dismissal!'
The employer said,
'But he is on compo.'
The lawyer said,
'Doesnt matter,
Pick a fight. Sack him for misconduct.'
(this is sounding a bit like a haiku)
The employer agreed.
He waited.
Everyone went on leave.
He went to the injured worker and screamed abuse at him.
There was an argument.
And the next morning
(some time later)
He was sacked for misconduct.
His compo was not signed off.
There was no notice or termination pay.
Apparently this is legal
(we checked)
under WorkChoices.
It was misconduct
Saying 'Lets take it outside' is a threat.
So it was kosher to sack him.
No matter what the provocation
The lawyer was right.
*sound of shafting noises*
Now this is where it gets interesting.
No sign off of compo.
Centrelink say NO! Compo should pay!
Insurance company say...nothing.
And three months later, this is where we are at.
Six kids, between ten and twenty.
One at uni to support.
Two with a disability.
One income and one very very tired wife who is slightly homicidal.
One very depressed injured worker who needs another operation.
One insurance company who have not accepted liability for the 'second injury' (they say it could have happened at any time, at least, we think that is what they are saying) And that his compo was considered finished, although we didnt have a final medical report or a signed release.
One WorkCover agency who have given us about forty hours of instruction and finally we have lodged (ourselves, no money for lawyer) an unwieldy document which is for recovery of twelve weeks pay (compo) post sacking, and to try and force them to make a decision about liability on second injury. (Form 11 and 12)
We have served the forms and are waiting.
We STILL have no money and now apparently the deal is that a tribunal hearing will be set or some such complete bollocks.
Husband is unwilling to go to see them due to his immense depression - he is taking antianxiety drugs and is not doing well at all.
If they do not accept liability we may have to wait up to three years for an operation.
Ten years ago, he broke his back. We were well and truly screwed over. We accepted the first payout the company offered for his injury and trusted everything that was said and done to us. He sustained a permanent lifelong injury and we never expected this to happen again. We had the whole run of crappy situation - people not believing him, doctors being bought off, complete breakdown of both health and psyche, financial ruin, lifelong injury.
Now we trust noone. We record everything. If anyone has any information that might help me, please let me know now. I am determined not to get screwed over yet again by the WA Workers Compensation system and the laws which do not protect injured workers in our State.
Thanks, people. |
Posted by moondoggy at 11:01 AM, 11/5/2007 |
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Moondoggy
HI Moondoggy I see you are in Western Australia.
First off I would push centrelink to make interim payments until you get your weekly income maintenance going again.
Second I would hunt around and find an honest lawyer.
Perhaps rimg up a a local community centre and ask them if they can refer you to someone who puts their clients first and money second..
There are some lawyers out there who genuinely do the work for the protection of people like you and to stop them being shafted by the corporations and the government.
If this fails ring your local radio stations, one after the other and tell them your plight..sooner or later word will get around and you will become an embarrassment to the government and the employer..
Then ring your MPs and ask if they heard about your plight on the radio and ask what they can do about it..
Tell them if they can not do something you will have to keep the media on their backs..
Good luck and push hard.the harder you push the harder it becomes for the system to resist youand then sooner or later the system gives way. Then you will get your income maintenance..
By the way and chance your kids can go to work to support you..if so make sure the media know your children are now supporting you because the government does not.. |
Posted by concerned at 10:05 PM, 11/5/2007 |
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and the game begins...
Hallo all
Thanks for your comments, good ideas there concerned. We will save the media for the big guns as I can see it all coming on the horizon. Also brilliant idea regarding local MP, any WA people interested in killing WorkChoices that you know of?
They might be interested in jumping on someone elses bandwagon.
Well we have filed the documents and served them on insurance company and employer and right on cue, an investigator rocked up in a 4x4 outside my farm gate. Then he rang hubby on his mobile phone (nice and brazen) asking for an 'interview'. He said that the insurance company have approved his contact and who was our lawyer? Hubby declined to tell him or talk much until he has talked to his lawyer.
Hubby gave me the phone number and I rang the guy up, asked if we had a legal obligation to speak with him, he said no, I said fine, he asked lawyers name and I said I can't remember and it is irrelevant anyway, i said hubby depressed does not want to speak with anyone and he will wait for medical and legal advice before speaking with anyone, guy says HE WILL SPEAK SOMETIME. I said yes at the tribunal, which was met with an eerie little silence. I asked who he was and he said a third party contractor who has been retained by insurance company in response to having papers served on them (our form 11 and 12). He tried out the line that hubby had reinjured himself after being returned to work and told that he was okay (HAHAHAH good try buddy) and I gently corrected him and then ended the conversation telling him that we would contact him later.
So...seventh of May the docs were served on the insurance company. Private Dick retained on the eighth. Its now the fourteenth. That means by the twenty second of this month they need to complete their so called investigation so that they can properly worm out of paying him his rightful compensation payment for three months and accepting liability for the injury he sustained at work.
Let the games begin, aye? Anyone know if you can get Legal Aid under Workers Comp?
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Posted by moondoggy at 8:34 PM, 14/5/2007 |
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moondoggy
With that sort of an attitude, it is no wonder the insurance company is conducting an investigation.
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Posted by Anonymous at 7:35 AM, 15/5/2007 |
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Business SA behind new reforms
Business SA has published its proposal for changes to the workcover system.
One must also be aware of the fact that the Business SA chief Peter Vaughan is a workcover board member and the recent media articles can be attributed to his work colleague Business Sa chairman Rob Chapman.
The proposals are draconian and one only has to read them to understand that nobody in business sa has a real grasp of the problems that face workcover and how they can be resolved without the need for such major reforms.
Whilst they raise issues of a removal of redemptions aimed at re prioritising rehabilitation and return to work. They obviously do not understand that the present workcover system is incapable of implementing reasonable rehabilitation programs.
Another question:
Why should workers not get fair compensation for injuries suffered at work including compensation for their injury and compensation for loss of income for the rest of their lives for the amount they would have earned had they not been injured?
If the system was managed properly this could easily happen in an efficient way..the act already provides for it..
If the scheme is that poorly managed to blow out like it has then surely its time to give the insurance of injured workers back to the public sector.
Never mind say the employers...plenty more workers to fill out the job application forms if we injure another worker.
The proposed Business sa reforms can be found here
http://www.business-sa.com/library/Workers%20Compensation.pdf
Be assured I as an employer will never support business SA with its current management. |
Posted by Reader at 11:32 PM, 15/5/2007 |
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Business SA
| Business SA, As an Employer can you please assure me that an injured worker can not sue me under civil actions like the eastern states after the two years is up? Do i have to pay another premium so if i get sued i will be covered? Will the Employer/Employee relationship be strained with your new concepts and therefore have unions and safework SA hounding me? Do you have a representative on the Workcover board that is accountable for you to take this action????????????? |
Posted by Employer at 8:51 AM, 16/5/2007 |
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Moondoggy
| Moondoggy, i hvae just read your comments, i have been away and will be back in a weeks time. I will try contact you as you shouldnt be going thru this crap. Hang in there. |
Posted by DavidR at 9:22 AM, 16/5/2007 |
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PTSD
The symptoms of PTSD include:
sleep problems including nightmares and waking early
flashbacks and replays which you are unable to switch off
impaired memory, forgetfulness, inability to recall names, facts and dates that are well known to you
impaired concentration
impaired learning ability (eg through poor memory and inability to concentrate)
hypervigilance (feels like but is not paranoia)
exaggerated startle response
irritability, sudden intense anger, occasional violent outbursts
panic attacks
hypersensitivity, whereby every remark is perceived as critical
obsessiveness - the experience takes over your life, you can't get it out of your mind
joint and muscle pains which have no obvious cause
feelings of nervousness, anxiety
reactive depression (not endogenous depression)
excessive levels of shame, embarrassment
survivor guilt for having survived when others perished or for not having done more to help or save others
a feeling of having been given a second chance at life
undue fear
low self-esteem and shattered self-confidence
emotional numbness, anhedonia (inability to feel love or joy)
feelings of detachment
avoidance of anything that reminds you of the experience
physical and mental paralysis at any reminder of the experience |
Posted by Anonymous at 8:43 PM, 19/5/2007 |
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Claims manager excellence awards
I would like to nominate my claims manager as an outstanding claims manager. He could not even approve me for a tafe course for 12 months that cost $400. In the end I simply gave up trying to do the course and paid for it myself. ( now thats effcicient rehab and claims management if ever there was.)
When I did an 107b application it was more than apparent that documents had been removed from my file or not retained. I never got many documents of telephone calls regarding redemption notes, requests for rehab, requests for reimbursement for travel, meetings with me and my medicos.
He missed my weekly income payments on a regular basis stating that it was a system error.
They refused to pay for my anti depressant medication and travel to medical appointments. I had to take it to the tribunal. After about 6 hearings they accepted to pay for my medication and travel. I could not work it out as they had paid the costs for over 4 years and then decided to challenege them and then accepted them. The cost of this exercise I could never quite work out or understand.
On one occasion my case manager went on annual leave at Christmas time and left me and my family with no income maintenance paid over the christmas break as my payment for four weeks pay and for around $1000 of medical and travel was not put up for processing, unfortunately it was my kids that suffered as that year I could not buy any christmas presents. Thankfully St vincent de paul helped me and my family out and donated some food and toys for my kids.
Now workcover if thats what you want me to put for my recommmendations of excellence for my claims manager please let me know. Is it going to be a race for the worst performed case manager or are you really sincere in finding a case manager that really assists injured workers.
If you are sincere in looking for true excellence then perhaps you should train your case managers how to manage claims properly and then implement your pathetic awards program..
What a scam. To reward the arrogant insurance minded claims managers and employees of workcover when they are all equally responsible for the massive billion dollar blowout.. |
Posted by Anonymous at 10:29 AM, 20/5/2007 |
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Award night
| Should i suggest injured workers and employers attend this evening to protest on the inappropriate way claims are handled? What i believe is that they are being paid what clearly is a job description that is not a reputable environment.. |
Posted by DavidR at 6:41 PM, 20/5/2007 |
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Untitled Comment
Thanks David much appreciated:)
Well we have had the documents returned by the insurance company who are as we predicted not accepting liability and saying that they will not pay weekly payments and that the doctor had signed him as totally fit despite no final medical certificate, workers comp signoff and the words 'fit for work on trial to see how he goes' on his interim medical certificate. Surprise!
Hubby has attended drs last week and is now on MORE psych drugs but we have not gone there with his claim as it will just make it even more confusing. the injury is depressing him and the prospect of not being able to work but also the mismanagement of all of the case is just depressing the hell out of him. he has been prescribed valium type drugs for the last couple of months but now is on a heavy antidepressant that completely bombs him out. he has not had any psych issues during his whole life except for reactive depression to both injuries and the stuff with the insurance company has really upset him badly plus prospect of going to tribunal for something he feels should just be accepted outright.
anyway. I am just a bit buggered from working too many hours but there is a bright side to having no money, phone doesnt ring any more and it is nice and quiet!
funny stuff, our horse died and we had no money to bury it. this is a funny thing (through the grief) because we were thinking how do we dispose of a huge dead horse, clay rock solid ground, thought about getting kids out to have a burial party but it would take too long and be impossible...eventually a guy we know with a machine agreed to dig a big hole for a bottle of spirits (to be delivered later) so all was well.
can anyone tell me what exactly workcover's role is? specifically? and whether we really do need a lawyer for the tribunal? we can't afford one and apparently legal aid arent keen to represent people in non criminal stuff like this. I think we will need help with it all, we're running out of energy and ideas.
cheers |
Posted by moondoggy at 6:55 PM, 20/5/2007 |
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Beaten and battered worker
I am not sure this can be called a win yet. Surely This worker has an appeal process if they have any will left to fight. Wonder if they got a fair trial?? Not likely if they were on workcover. This worker was no doubt on the scheme critical list.
One can only wonder what makes those in workcover tick. The people who prosecute inured workers must be really callous detached human beings to persecute and bully injured workers. Surely they must have some concern and doubt about their own sinister actions and ethical principles in putting an injured worker who they are simply targeting and putting through the wringer as an xample for others. I have no doubt this is another seriously injured and unwell person otherwise workcover would not be targeting them.
Why do they not redeem injured workers instead of lining their own pockets at the expense of others lives and well being. If the system was set up to reduce litigation and promote rehabilitation then surely this is a classic case of litgate to the max and throw rehabilitation out the door.
So much for al the media hype about returning injured workers back to work...what a load of crap.
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Posted by F^&^*8&% Workcover at 11:34 AM, 26/5/2007 |
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Extract from inquiry into workcover. Nov 2002
http://www.aph.gov.au/hansard/reps/commttee/r5965.pdf
Really the truth of the matter lies here...
if you were an injured worker with a permanent incapacity, how safe would you feel knowing that there is noone
with any power in the system to help you? The agents are only there for profit, and being long-term injured does not contribute to profit. If you chose to take a dispute to the Workers Compensation Tribunal, not only is the wait now over six months, but the WCT is funded by WorkCover and is staffed by many who are ex-WorkCover corporation, ex-WorkCover agent and ex-WorkCover law firms—and many people believe that leopards do not change their spots. Combine this with the scheme critical list, and what chance do you think you have of a fair and unbiased hearing, resulting in a fair and proper outcome?
Mr Ralph Clarke stated: ‘What guarantees do we as a community have that we will not be ripped off by unscrupulous private sector operators who are in the game only for profit rather than community good?’ Details of altered documents included dates and addition of information ‘in such a way as to represent the added material as original’.
Peter Reynolds ( Private investigator)
My own experience as a private investigator and also as an injured person and a victim of the system, and that of other injured people that I have spoken to, reinforces this evidence that I have just read from the media.
But I believe that there appear to be even darker forces at work within the system. There are indications of attempts and indeed success by investigators and members of the legal profession, right through to the court system, to avoid, ignore and/or cover over certain important and/or pertinent information relevant to the individual claimant who is being assessed and/or disputed in his claim. This is clearly apparent via a careful and extensive examination of
all relevant material, including court transcripts. A pattern of gross incompetence in some areas is evident, as is one of obvious misrepresentation and/or deception on the part of some lawyers and judges. But intriguingly, there are indications that some are not only failing to search for the
truth in their assessment, representation and judgment of claimants, but they are not interested in the truth. This is entirely contrary to guidelines for investigations and surveillance. Even more than this, it is in itself fraud or dishonesty—that is, the use of deceit to obtain an
advantage or avoid an obligation. There are clear indications of a total lack of integrity, honesty or a high standard of ethics—if there is any standard at all. Therefore, for the system to be cleaned up, if that is the intention of this inquiry, it is essential for these elements to be exposed to scrutiny. There is more than a
reasonable suspicion of dishonesty within its realm. I would also seek the opportunity and permission to provide further detail in addition to my submission, at a later date, because, as I have mentioned, I have documents for all the cases—my own case and other cases—that I have
looked at. |
Posted by F&*^ck Workcover at 7:30 PM, 26/5/2007 |
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recent court decision
| Do not be surprised if the judge had another agenda in making his decision, he was surely to know that the hearing was not going to finish at the magistrates court. He made his decision based on law in which he had every option to do so, but left the door ajar for the bigger picture. Just look at past experiences. |
Posted by Rofe.P at 8:36 PM, 26/5/2007 |
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Rehabilitation
| There are people who know me on this blog who know of my previous criminal lifestyle, my past and current assosiates (friends and family) Yes i admit i have been in trouble and found guilty in a court of law, even involved in inquests as persons of interests. That my friends is my past and there is nothing i could do about it, just be honest and good to people. The one thing that helped me was the oppotunity to be assigned to a parole officer after i was released from jail. That parole officer treated me like a human being and did everything in his power to rehabilitate me and become part of the community again. Fortunately i was able to lead a normal life again until my workplace accident, i was assigned a rehabilitation officer and now i truly believe i am not part of the community any feel i am a criminal again. isnt it ironic what you think is right, isnt quite so. |
Posted by Former prisoner at 9:10 PM, 26/5/2007 |
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Depression
| I have Depression, my pshychologist encourages me to do the things i enjoy, unfortunately i now have to tell my pshychologist if i do these things i will lose my entitlements. So what do i do, stop taking my medication as well???? shame, shame, shame...... |
Posted by Depressed at 9:19 AM, 27/5/2007 |
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Depression is a symptom you describe
The difficulty is really that your psych may ask you many questions and find that all of the symptoms you have indicate you are really depressed. Problem is workcover will always find a so called (expert) doctor that can say you are not depressed and that what you said to the doctors was false just to obtain benefits.
Then you are a fraud whether you really are or not and workcover can prosecute you just to test your claim and that is what every single workcover claimant on stress or who has depression from their work injury should be concerned about.
Workcover should be forced to pay redemptions instead of keeping people on the system.
The democratic society that our forefathers fought for has been eroded away by the current governments and legislation. No longer do we have a fair system.
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Posted by Depressed too at 9:33 AM, 27/5/2007 |
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Trapped by Tape
By Renato Castello from the Sunday Mail May 27 2007
A FORMER tuna diver chased across the world on suspicion of claiming bogus WorkCover payments has been found guilty of defrauding the corporation.
Jeffrey lan Thompson, 36, of Port Lincoln, was found guilty in the Adelaide Magistrate's Court on Thursday of 16 counts of dishonestly obtaining $11,522 in payments between October 2002 and July 2004.
Under the Workers Compensation and Rehabilitation Act the charges carry a maximum $50,000 fine or one year's imprisonment.
In August 2001, WorkCover filed 95 criminal charges against Thompson, including 26 counts of dishonestly obtaining $16,455 in income support and 69 counts of making dishonest statements. .
Thompson has claimed more than $590,000 from WorkCover since April 1994 when he was diagnosed with decompression illness, or the bends, while working with tuna company Kinkawooka Pty Ltd.
Among bis symptoms were "aches and pains" in his joints, xlepresston, poor concentration, disorientatlonand memory loss.
He had pleaded not guilty to the charges. But, after a
10-week trial involving 32 witnesses, magistrate Bill Ackland found Thompson had knowingly misled Work-Cover.
He ruled Thompson had suffered an illness around his initial claim but by October 2002 - about the same time Thompson was videotaped on a European holiday - he had recovered.
The court heard WorkCover investigators had followed Mr Thompson and his wife Loudmilda on their honeymoon.
They videotaped Mr Thompson sightseeing and driving 540km from Strasbourg in France, to Krun, Germany.
Mr Ackland said the footage was the most telling evidence.
"Looking at the European film, one will not find any display of ... disability, nor will they find any connection to any of the disabilities offered by Mr Thompson in 2002 in support of his continuing receipt of payments," he said.
He said that, in light of the evidence, subsequent statements by Mr Thompson to doctors in 2002 of sleep disturbances, "significant pain in his hips and knees" and "cognitive and intellectual degradations" were "in a sense out of date".
Mr Ackland also found Thompson had relied on the "uncritical acceptance" of his
illness by treating psychiatrist Dr Christopher Oriffin to prevent him returning to work.
He said Dr Griffin was Thompson's "muse", his "true believer", who offered him "shelter from a personal storm".
" (And) Mr Thompson found comfort in realising that, by reciting a list of symptoms that had once related to decompression Illness but had long before abated, he could maintain a flow of certificate-ness of incapacity," he said.
He said the picture Dr Oriffin painted of a "pitiful man" permanently disabled by his decompression illness was not the man seen "enjoying his European sojourn'1.
The Sunday Mail revealed in January that WorkCover had spent more than $400,000 on its decade-long investigation of Mr Thompson.
The catalogue of costs included surveillance and fraud investigation services and the legal costs associated with the trial. •
Mr Ackland has Invited submissions from WorkCover and Thompson's lawyers on the outstanding 69 counts before he hands down a verdict at a future date.
Thompson has said he would appeal the decision.
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Posted by Anonymous at 10:30 AM, 27/5/2007 |
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Workcover shame
I look at the picture of this guy in the sunday mail and he sure looks depressed to me.
How can anyone say he has no pain, has no sleep disturbances and cognitive and intellectual degradations?
If his psychiatrist described him as a " pitiful man who was "permanently disabled" how could he have got better from his injury. |
Posted by Onlooker at 10:39 AM, 27/5/2007 |
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WorkCover is a disabilty
| Why would anybody in their right mind want to be on Workcover when you dont have to be? you lose your rights, entitlements, lifestyle, dignity and become branded for life. I think this magistrate has got it all wrong, If you decide to be on Workcover if you dont have to be, you have definitly lost the plot. |
Posted by Injured worker at 5:12 PM, 27/5/2007 |
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Figures do not stack up.
The figures for the article in the Sunday Mail do not read wright or do they?
Workcover costs
$ for investigation and payments $990000
Prosecution cost $200 000
Thompson costs
Fine $50000
Amount recvd dishonestly $28000
Seems yet once againg they spent a lot of money to get little return.
Cost of a redemption $200,000
Workcover could have saved nearly a million bucks by redeeming this worker. This means other injured workers will miss out because of Workcovers poor administration and not because of a worker staying on the system longer because they woudl not redeem him and would rather prove he was dishonest regardless of whether he was injured.
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Posted by Buckets of cash at 6:31 PM, 27/5/2007 |
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Just a thought
Well, here we are. Now magistrates can overwrite treating psychiatrists’ opinions. Is a medical degree one of the requirements to get a magistrate’s job? Why do they even bother to have all of these psychos certified by psychiatrist and to have them assessed for murders etc? What a waste of taxpayers money! Surely magistrate can just look at them and say, come on, mate, you are just pretending, life sentence for you; next!
It seems the magistrate justified all of the money they have spent playing the set of a James Bond movie. Well done! I wonder if they shared the royalties…
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Posted by LK at 7:27 PM, 27/5/2007 |
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Second injury
I wanted to know if there was anything that could be done to help me. I had surgery on my left shoulder and have significant work/lifting restrictions (I'm a nurse). Now, my right arm is starting to grind and bother me. I know it's from overuse of it because I had no problems with it until I kept having surgeries on my left and had to use it all the time. Is this a part of my workers comp. claim or do I have to be on my own with this?
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Posted by James F. at 11:33 PM, 28/5/2007 |
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Why that medico may not be right for you.
Sometimes insurance companies will agree to a change in treating physician if you challenge their choice of a doctor who is known to be firmly in the workcover camp. In fact, I would say that knowing the reputation of many of the doctors that you are likely to see in the South Australian Workers Comp tribunal cases has helped me become a more effective advocate for my clients.
In a workers' compensation setting, you cannot assume that a doctor recommended to you by your employer or workcover will have your best interests at heart. Although most of us are conditioned to trust and respect physicians, you have to trust your gut if you find yourself in a workers' compensation setting. And if your gut tells you that your current doctor does not have your best interests at heart, you need to take immediate action to regain control of your medical treatment.
Do not sit back and be content that your family doctors or treating Psych certification of incapacity is sufficient to challenge workcover. |
Posted by Legal eagle at 11:48 PM, 28/5/2007 |
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Workcover and EML
Hello to all the employees of Workcover and EML that regularly visit this site. I hope you get the courage up one day to speak out publicly about the corrupt system which you support and work for which has long ago failed to support fairly the interests of injured workers.
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Posted by Matt at 8:41 PM, 29/5/2007 |
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James
| I am an injured worker as well, you can put in a claim and the other injury could be classified as sequlea to the first injury. Have a look at the decision cases in the industrial court and there should be plenty of situations like yours in there. Rosemary from WIRC could lead you in the right direction. I think both links are below. |
Posted by Anonymous at 8:07 AM, 30/5/2007 |
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Business SA vs Medibank Private
| So there is a report that Medibank Private have commissioned that found sick and injured workers going to work has cost Australian employers productivity $17.6 Billion. One has to ask the question now if Business SA has done there homework in calling for injured workers to return to work earlier and lose entitlements and as an injured worker would we be discriminated against now. So when the next section 38 is issued on a worker to decrease his entitlements as they may be able to work part time etc. could this report could be used as evidence? |
Posted by Damned if we do/dont at 8:25 AM, 30/5/2007 |
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Wonder drugs
It would seem that if you are totally incapacitated because of your injury there is a new type of drug or a critical dose of morphine or analgesics that can enable you to work.
Also if you suffer from stress this too can be fixed by elevating your anti depressants. Current workcover laws do not need to ensure that you can live ousdie of work, as long as they can get you to work thats all that counts.
I wonder if medibank took into consideration how productive workers that are off their faces on medication are. |
Posted by under the influenece at 9:37 AM, 30/5/2007 |
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Kris Hanna article
WorkCover: the last of Labor’s sacred cows
April 10th, 2007 by Kris Hanna
from his blog site http://www.kh.org.au/blog/
Last week Industrial Relations Minister Michael Wright survived a vote of no-confidence in Parliament. I voted with the Liberal Opposition, though not necessarily for the same reasons. I was condemning the Minister because he had just signalled plans to slaughter the last of the Labor Party’s sacred cows: the welfare of injured workers.
Sure, WorkCover’s unfunded liability last year rose $27 million to $723 million. It’s forecast to pass $1 billion by 2009. The WorkCover Board has recommended how to cut this liability. Many of their recommendations undermine the principles on which WorkCover was established in 1987.
Perhaps most punishing to injured workers is the proposal to reduce income payments to 75 per cent of average weekly payments after 13 weeks, and to cease most income payments after two years.
When our insured car or house is wrecked, we don’t expect to get only three quarters of its value back! A 25 per cent income cut to your earnings, when you’re trying to get over a serious injury, is a real kick in the guts.
Another proposal is to cease income payments until disputed claims are resolved. Deprived of income, injured workers will be risking their houses if they intend to fight a wrong decision.
Despite recommending a restructuring of employer levy rates, the Board proposes to ultimately reduce costs to employers. The Minister, in announcing his review, would not say how the employer levy can be reduced at the same time as the scheme’s unfunded liability.
It’s likely that injured employees will pay the price for previous years of mismanagement at WorkCover.
A review by His Honour Brian Stanley in 2002 identified key problems such as the lack of innovative programs encouraging return to work, and the lack of early rehabilitation options.
Early rehabilitation programs have great success in improving return to work rates. Costs associated with processing and disputing claims could be significantly reduced if all claims are provisionally accepted for say three months. This would allow injured workers early rehabilitation in a less adversarial setting. Claims that remain active after three months could then be investigated, and the costs of fraudulent cases – a minute proportion – can be legally recovered.
Another alternative to cutting injured workers’ benefits is to be smarter about offering redemptions of income maintenance (early pay out with a lump sum). For many of the long term injured, redemption can mean salvation. For those workers who choose 2 or 3 years salary in the hand to get ‘off the system’, instead of lingering for many years, the unfunded liability drops significantly. A ‘win-win’.
Bit we are left with the Review announced by Minister Wright on 29th April, to be headed by numbers man Alan Clayton and lawyer John Walsh. The old political adage is ‘you don’t ask for a review unless you know what they’ll find’. So why has the Rann Government initiated a review rather than just deciding yeay or nay to the Workcover Board’s recommendations?
With the review findings expected in November, Labor’s plan to cut injured workers’ pay can be implemented after the Federal election.
The Liberals must be laughing among themselves that Labor are signalling these reforms which echo Jeff Kennett’s controversial cuts to the Victorian workers’ comp scheme.
Labor is slaughtering its last sacred cow. Millions of funding dollars directed to Unions SA for training and advocacy will not take the sting out of this for the unions. |
Posted by Anonymous at 2:10 PM, 30/5/2007 |
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article on poor management of workers claims.
WORKCOVER'S POOR MANAGEMENT SYSTEM HAS ALMOST SENT THE ORGANISATION TO THE WALL - IS THERE A SOLUTION THAT DOES NOT INCLUDE PUNISHING INJURED WORKERS?
article can be found here.
http://www.void.org.au/workcover_poor_management.htm |
Posted by Reader at 3:37 PM, 30/5/2007 |
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To legal Eagle
| You are correct in saying that a medical certificate that stipulates unfit for work is not nesseserily totally incapacited. My certificate does say unfit for work, but as i am being rehabilitated, the case manager has asked my specialist to change the certificate. I have now learnt that Incpacitation, disability and unfit for work has three different interpretations. |
Posted by Medicos at 9:20 AM, 31/5/2007 |
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To Legal Eagle continued.....
| So if one is unfit for work, but is under survelliance and is seen doing something for a small period of time in their own home or a carpark outside a Doctors surgery, how can it be justified that under a workplace environment this injured person can still perform to the standards required by an employer. I believe latest studies show there is extra pressure in the workforce in todays environment and with the new IR laws it would seem a lot easier to reduce times to a worker without reason. |
Posted by Medicos at 9:30 AM, 31/5/2007 |
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I am surprised
Hi team,
I am surprised that no one else has put this information up in regard to the conversation Rosemary had with Dave Watermann on 5aa in the early hours of Sunday morning.
She said she is putting a phone in together which would be held within the coming weeks, and then that would be followed later in the year by a Forum where a vast array of professionals would be invited to speak as to their concerns in regard to Micheal Wright's wish list of wholesale changes to the legislation.
I am also surprised that when I phoned Rosemary just how friendly and knowleible she was in regard to my concerns and issues that I was having.
I have made an appointment to actual sit with her next week.
Already though she has been working on my behalf getting a senior manager involved from EML.
For the very first time in 21 months I feel as though there is a way out of this mess I am currently in.
May I suggest that when the phone in is on that every contributor here rings in.
I have already offered to do a few hours on the phone as well to take the calls.
Maybe some of you will also offer.
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Posted by Jayne K at 10:03 AM, 31/5/2007 |
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Why didn't Mr Bruce Carter resign?
Extract from the Advertiser Thurs May 31 2007.
Silence over Key Workcover query.
There were lots of questions about WorkCover's rapidly deteriorating financial position yesterday but not the one that's been bugging many observers. Industrial Relations Minister Michael Wright appointed a new, high-powered board in 2003 with riding instructions to fix its raft of problems. He installed high-profile liquidator Bruce Carter as chairman to head the rescue mission, along with eight other heavyweights including outspoken Business SA chief executive Peter Vaughan. Mr Carter has more than 25 years experience in corporate recovery and insolvency and has helped save Harris Scarfe, Balfours, the National Wine Centre and the Basketball Association of SA.
Last November, after an exhaustive review, Mr Carter handed the Government the board's remedy for winding back WorkCover's ballooning unfunded liability, high employer levies and improving its low retum-to-work rates.
Mr Wright sat on it until the end of March, when his response was to announce that he had commissioned yet another inquiry to review his own board's recommendations.
The question on everyone's lips in the business world is why didn't Mr Carter resign?
And now, given Business SA's strident criticisms of WorkCover in its pre-Budget submission, can the peak employer body continue to sanction Mr Vaughan staying on as a director?
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Posted by Looking for a new chairman. at 12:46 PM, 31/5/2007 |
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Feel the strain (stress)
| There must be some strain (could use the word stress but WorkCover is reading this and they do not know the meaning of the word) at WorkCover at the moment, the only positive signs from Waymouth Street is the pats on the backs they are giving themselves by their award night. So here we have it, the ship is sinking and instead of saving it, the blame game has started instead. Board members within each other, The (mis) Management and the Government ministers. Its a team game my friends, just own up so the repairs can be started. |
Posted by Wayne.M at 4:49 PM, 31/5/2007 |
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Medicos
| Would it cause any harm if we can post the "independant medical examiners" names on this site. It would be interesting to see how many of the same names that pop up. I have seen Dr Cotton and Dr Meegan. |
Posted by Ewer.M at 4:59 PM, 31/5/2007 |
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Bankruptsy
| The State bank is still operating in South Australia, and the last time i heard it put this state so far back in debt. I am not sure if we are still paying for this debt in monetry value but still paying it by the reputation it has given us. Anyone seen Tim Marcus- Clark lately? John Bannon should have known he wasnt the right person by the scar Tim Marcus- Clark sports on his throat. |
Posted by Bruce.C at 5:07 PM, 31/5/2007 |
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A prayer for Workcover staff and EML employees
I pray for all the workers at Workcover and all the case managers at EML.
I pray that what goes around come around.
I pray that your children and Family be blessed with the same suffering and trauma I have experienced whilst on Workcover.
I pray that when you take the cup to drink, that you think of the blood that has been spilled of injured workers.
And when you eat the bread, you think of the bodies and injurys that have been suffered of the innocent workers.
And when you sit in silence think again of how you have failed to help the injured who are oppressed and unable to fight, for they are the ones who are needy in this world and who the system is failing.
I pray that those you treat unfairly in your daily walk will forgive you someday..cause sure as day is day and night is night there are many that know not how to forgive after being so unfairly treated for so long a time, I be one of them.
I pray that you and your children end up on Workcover and be traumatised by poor claims management year in year out.
May they never receive their true entitlements. And when your children want to end their suffering and redeem their entitlements I hope that their claims are settled unfairly with not a care for their injury and suffering.
I pray for Bruce and the board for they know not what they do.
I pray that they may have more understanding and insight into the lives and suffering of injured workers trapped on a system that cares little for the human lives it consumes.
I pray that the Board fix the system without regard to their own interests but in the interests of the employers and the injured workers.
Amen
P.S. I am not praying for a miracle, thats why I did not pray that the minister do anything. |
Posted by The Vicar at 10:55 PM, 1/6/2007 |
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tribunal
Chapter 4594.
Hubby depressed, suicidal, no will to live let alone fight. And we are only at round one. Very upsetting.
Tribunal postponed as arbitrator is out of the country on holidays. One application knocked back (predictably).
I am working two jobs, every weekend, every night to try and get enough money together to pay the lawyer. We have spoken to a lawyer and sent off FOI forms to individuals. So the tribunal postponement may not be all bad.
Phone is finally reconnected.
Kids are suffering from all of this. Not only is there the impact of dad being suicidal, morose, teary etc (very out of character for him) but also not having any income. Does not leave the house any more unless absolutely necessary and mostly to obsessively check the mail, watches out the window for investigators. Above all he cannot understand why they are doing this, it is clearcut, he hurt himself, they operated, he needs another operation. He doesnt understand why all this is going on because where he (and I) come from truth and fairness are hand in hand.
He will not answer the phone any more in case it is related to this accident.
I think the guy who jumped off the cliffs at Ceduna was ENTIRELY in his right mind (facetiously). Why would you want to live like this? The guy who was a prisoner had it exactly right. The people in this country who should be looked after, people with a disability or people who have been injured at work, are treated like the dregs of society, and worse than criminals, at a time when they should be receiving support and help.
Thank you to all those people who emailed me with support and advice - was helpful and also just knowing other people are going through the same thing. |
Posted by moondoggy at 9:24 AM, 2/6/2007 |
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Two sides to reality
I do not know Rosemary but have heard about her through the grapevine. All I can say is this. That any person that gets their picture in the workcover hall of fame and their picture posted on the workcover website must be for workcover. If they are for workcover they are against the injured workers. Its simple as that. Workcover play games to try and make everyone think they are assisting injured workers. Workcover are known to use double agents. Just one case to mind is the Moore Mcquillam case where an investigator made friends with him and then testified against him in court. How much of an invasion of privacy is that where you befriend someone to investigate them. deja vu Rosemary.
My lawyer told me yesterday there is a case at the moment which has been kept in the quiet where Workcover were using someones infant child as a source of information for their investigations and surveillance.
Now one really has to stand back and think about what sort of organisation Workcover are if they are getting involved at that level are they the CIA ? |
Posted by Peter at 10:34 AM, 2/6/2007 |
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Bruggerman case
My heartfelt sympathy goes to the Bruggermans. How tragic it is that it took nearly six years to get closure over your husbands death.
To consider that Workcover would even commence to contest such a matter in the courts to reduce its liability is beyond belief. Surely it must have cost many times its liability to defend this matter, not to mention the torment and anguish that would have been experienced by the family during such dreadful and protracted proceedings.
One must clearly understand that Workcover is not a person, it has no feelings for those who are injured nor for their families. It has only its own interests to care about.
One thing that is positive, it was found that your husband did pass away as a result of his work injury.
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Posted by PAUL F at 10:41 AM, 2/6/2007 |
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Re Medicos by Ewer.M
| Dr. Meegan and Dr. Wood are "independant medical examiners". |
Posted by Eerie E. at 11:02 AM, 2/6/2007 |
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Another prayer
Here is another prayer that is published by the catholic church for Saint Michael for you to ponder, its ok if you are not catholic but it is what my feelings agree with.
Saint Michael the Archangel,
defend us in battle.
Be our protection against the wickedness and snares of the devil.
May God rebuke him, we humbly pray;
and do Thou, O Prince of the Heavenly Host -
by the Divine Power of God -
cast into hell, satan and all the evil spirits,
who roam throughout the world seeking the ruin of souls.
Amen
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Posted by catholic pope at 1:24 PM, 2/6/2007 |
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Independant medical examiners
| I found Professor Goldney as a true "Independant Medical Examiner" |
Posted by Wall.G at 1:29 PM, 2/6/2007 |
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THE SAD REALITY OF DEATH AND COMPENSATION
It's actually quite morbid and just a little unbelievable.
Irrespective of the degree of negligence or the culpability of the employer, WorkCover remains the only source of compensation for family. That compensation is only available to those completely dependent on the deceased...and even then, the organisation will do its mighty best to get out of paying.
I suspect most South Australian's would have no idea what the widows of killed workers are put through in order to get some assistance from WorkCover.
Try to imagine what it must feel like to suddenly be faced with the shock of losing a loved one. Then add to this the realisation that the safety net you thought was there isn't really there at all.
The mind and body goes through major trauma as the shock of death sinks in. The capacity to think in a straight line is severely disabled. The ability to prioritise and organise becomes increasingly perplexed and none of this disappears in a hurry...in fact it can gather some momentum as the weeks turn into months.
Enter WorkCover --- eventually...
The organisation is not concerned with such frivolous issues as grief, hardship or despair. Their primary goal is to reduce liability...not feel sorry for people.
We wish more South Australian's were aware of how grieving family members are treated by WorkCover / Employers Mutual. At a time when people are least equipped to cope, they are most abused..
At VOID we have yet to find a positive word said about WorkCover.
Widows are re-traumatised over and over again - having to hunt down lawyers just so that they can access what should be rightfully theirs.
Few would walk into something like this with ANY understanding of how the claims process works. The only thing we can do here is try to prepare people a little better. |
Posted by Peter F at 3:36 PM, 2/6/2007 |
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More redemption payouts will not ‘fix’ Scheme
I read this article on Workcover mentioned above. What a load of crap. How can Workcover say that redemptions will not fix the scheme.
1)If it will not fix the scheme why did the act provide for redemptions in the first place?
2) Why has the ages old system of common law damages changed to the current system with no common law damages payable to workers. ( this was substituted with a redemption payment to cap the amounts.)
3) Why does Workcover charge an ever changing premium that can fluctuate depending on the number of claimants on workcover. This premium could be fixed each year based on the previous years injuries if redemptions were compulsory after two years.
4) What happens if they change the retirement age from 65 to 75. Does the liability rise from 1 billion to 3 billion?
5) Why does workcover want to protect the financial and employment interests of its employees, its lawyers, medical experts and the insurers instead of protecting the financial interests of the injured workers and offering them redemptions? It is all too obvious that the injured workers are in poverty while the system and its employees and contractors are rolling in cash.
6) How does it make sense to pay an injured worker year in year out and to manage their claim at the cost of thousands and thousands per year when a small percentage could be paid in a lump sum as a redemption?
7) How can Workcover employees or the board make any recommendations about its redemption practices when it is in itself a conflict of interest to make such decisions given that all of their jobs depend on it.
8) How can Workcover put into practice any return to work programs when Workers are reluctant to engage in such activities becuase they know by past experiences that Workcover will investigate their ability to work or their ability to rehabilitate themselves and then use such attempts to rehabilitate themseleves against them.
9) Why would any injured worker want to engage in any return to work program where they could be placed under surveillance and have such attempts used against them.
Well Workcover would say we would only do that if we suspected fraud..crap we say..they do it to force people off the system with threats of legal action with no regard to the position of the injured worker or their ability to work or not to work..it is the legal action taken by the corporation that has the biggest impact with thousands of dollars of having to be spent on legal costs which they ultimately never recover.
10) how can anyone rely on Workcover to make any reliable decisions given its poor fiinancial managament to date.
11) Why does workcover blame the upsurge of its current unfunded liability from ten times the liability of $90 000,000 to $900,000, 000 on the former liberal government. Surely Workcover must be regarded as a cash cow for the solicitors and rehab providers and other agencies who rely on it for contracts and work.
12)How can an injured worker be expected to return to work if he is constantly bombarded with requests to attend medical apoointments and to engage in tribunal matetrs on a never ending basis. Wake up Workcover.
12) It ismore than obvious that the time has come for change with a view to how the injured workers are really being treated and how the system is failing many of them. |
Posted by Reader at 4:38 PM, 2/6/2007 |
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More payouts will not fix the scheme
I note that the above website has been publiciised by workcover.
take a look at its name.
http://www.workcover.com/Home/Bettertogether/News/Mediareleases/MoreredemptionpayoutswillnotfixScheme.aspx
yes thats right..
MoreredemptionpayoutswillnotfixScheme
so if more "redemption payouts will not fix the scheme" there is something seriously wrong with the management of workcover.
Perhaps they need to look at themselves instead of being control freaks and manipulating the workers and their families.
Best way to fix the prolem is retrench all of the Workcover and EML employees. Bring in a fairer system where the tribunal determines the payouts of the injured workers while maintaining their income maintenance until their injuries stabilise....oh..too hard..too many workcover and EML employees would lose their jobs, their super and other benefits..
so we come up with the following..
www.makebrucecarterresign.com
or perhaps
www.reformworkcoverbyclosingitdown.com
or perhaps this one.
www.stopthecorruption.com
no no this one.
www.fairpayoutsforinjuredworkers.com
or simply this
www.morereddemptionswillgivetheworkersbacktheir lives.com
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Posted by D. Mogi at 7:12 PM, 2/6/2007 |
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Well said Di
| Remember everyone that WorkCover and EML are an insurance company, and i think i can safely say the reputations of insurance companies are that they are not in the best interest of the claimant. Unfortunately until they remove this tag this will just continue. Simple facts are the employees of these companies are in the same boat as the claimant as they have to prove they are doing their job, and if not they too will be on the employment queue with their dignity and everything they believed in where all part of the brainwashing process. |
Posted by McInnies.K at 9:50 AM, 3/6/2007 |
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Heirsay Rule
| I believe there is a section in the Evidence act 1995 concerning Heirsay Rules. Can anybody from WorkCover please inform me on how this works? |
Posted by Dont understand at 10:01 AM, 3/6/2007 |
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Andrea
Andrea, I have to give you credit on your comments. I know of your situation and you do not have to justify yourself as any descent caring human being would understand.
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Posted by David.R at 10:07 AM, 3/6/2007 |
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Something MUST be done!
| It seems that most talk of workers comp. and the failing system tends to only address financial issues and the need to level out the proffit/loss ratio for the insurers. I have found little attention being payed to the devistating effect on the lives of the real victims in this mess, the injured workers.South Australia's system is a pseudo "state run program" yet they answer only to their own board and private investors. Each year they argue in the parliament over ways to cut cost for the insurers as well as the employers, yet Workcover passes millions of dollars of benefits to medicos, its staff, lawyers, consultants and the board. Meanwhile, perfectly innocent people, suffering from work related injuries are left unknowing and unprotected by the very source from which they are supposed to be protected by. The idea is to provide necessary medical treatment and temporary financial assistance to injured workers. The suppossed goal is to provide adequate recouperative rehabilitation and lost wage compensation until such time that the injured worker is able to return to their position in the work force or, if unable to effectively regain full reinstatement to provide job retraining rehabilitation. The truth is quite different however. Any rehab counselor with the workers comp. system can tell you that the two most frequent complaints by injured workers seeking help are #1- it is beyond impossible to reach, let alone get answers from any claims agents. Quite simply, claimants are ignorred for as long as possible and treatment is delayed while financial assistance is withheld (sometimes for years) with no penalties to the insurers and no one watchdogging for misconduct. This practice forces desperate injured workers to obtain legal council which really only gets you the absolute bare minimum assistance. W.C lawyers have no motivation to expedite action from the insurers. Instead they are apathetic to the needs of clients and are careful to never "rock the boat" with the insurers. This brings up issue #2- claimants spend weeks or months trying in vane to contact their lawyers and their repeated attempts do nothing to garner even a simple return phone call or e-mail. So really, claimants are alone, even with legal assistance in their corner. W.C. lawyers make the same percentage of your claim whether your case settles in 6 months or in 6 years and they are hesitant to ruffle any feathers with insurers so that they can maintain agreeable terms of a working relationship. In effect - lawyers are buisness partners with the insurers, scratching each others back while the almighty dollar stays the focus and is more important than the injured worker. There are so many hands reaching into this pot that everyone is careful to never cause problems for the other hands for fear of loosing their grip on their tiny piece of the prize. All the while, if they are lucky, the injured worers are shuffled through, and forgotten by the system. Instead of proper and timely care and assistance, injured workers are faced with neverending beurocracy as they get forced into poverty, losing homes, destroying families and made destitute. Faced with these burdens, claimants are reduced to living in shame and suffering with no avenue to turn for protection. Where is the voice crying out for the injured? Is there ANY place to turn for shelter? Who stands up for the ethical treatment of these infirmed cast aways? Can't something be done to prevent the insurance agents from destroying so many lives in the hope that eventualy an injured worker will give up on their entitlement and save a few dollars for the insurers? Something MUST be done! please help me and others to be heard. |
Posted by Jessica R at 4:15 PM, 3/6/2007 |
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Jessica
Unfortunately this is how it is, there are so many unansawered questions from EML and WorkCover and they seemed to be protected. What you have though is a number of injured workers who at the moment seems to outwit WorkCover and slowly bringing them down. Personally i have paid $22,000 in legal fees, lost 20% of my wage, have no Superannuation plus the incapacity to enhance my wealth through other investments. This amount is not calculated in the $Billion debt that WorkCover already have by bad management.
Have a look at the new Advertising campaign they have, it is now encourging injured workers to return to work earlier than they should, talk to our Doctors and Employers they say, because they do not want to be at fault if the injury is aggrevated. Medibank Private have just released a report that by going to work ill or sick costs the employers $17 Billion a year nationally. Business SA encourages injured workers to return early because their premiums are increasing, but all this does is move the costs elsewhere. SGIC are starting to advertise insurance against common law claims againsts workers. Business SA have really did their homework on this one. The unions wont help, they have their own agenda. The employee ombudsman will not interfere for some unknown reason, maybe as soon as you become injured to are not an employee anymore???. The workplace minister, Mr Wright shys away from the subject.
So there you have it, it just comes down to bad management by WorkCover who seems not to be accountable to anyone or anything and the government want to spend more money on another review when you and I can tell them why they are in trouble. |
Posted by Not Wright at 8:29 PM, 3/6/2007 |
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Return to work before recovery
| I have noticed WorkCover has a new advertising campaign that the worker should talk to thier Doctors and Employers to get back to work before they are fully recovered. What would happen if a co-worker is injured because of a injured workers incapacity/disability, or the injured worker aggrevates their injury? Would the Doctor and the employer be open to a law suit? Who writes these WorkCover Advertising campaigns and have they read the Medibank Private recent report? |
Posted by Sunday Mail Reader at 10:01 AM, 4/6/2007 |
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Forum started up.
Another website has started up for injured workers.
http://workcover.forumotion.com |
Posted by Reader at 10:51 AM, 4/6/2007 |
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New Workcover Forum started up.
Forum started up.
Another website has started up for injured workers.
It is run by an ex injured worker..so no privacy problems.
http://workcover.forumotion.com
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Posted by Blogger at 5:12 PM, 4/6/2007 |
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Untitled Comment
I read today in the advertiser that NIck Xenophon had been engaging in another job other than his position as an MP.
He said in an interview that he does some legal work on the side as a pro bono lawyer.
I wonder if he does any Workcover work?
How can a law maker ( legislative council member ) participate in making make the laws on one hand and then make money from arguing points of law on the very legislation he has helped to legislate?
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Posted by Matt R. at 5:37 PM, 5/6/2007 |
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Leave it to Rosemary
Rosemary is the public speaker for injured workers. I am sure she is doing something. Have you not received an email form her about it?
Come to think about it neither have I.
I thought there was some phone in about it, or was that something else?
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Posted by Insider at 6:30 PM, 7/6/2007 |
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Phone in
I heard from a few sources and also on here that Rosemary was organising a phone in and was even looking for volunteers.
I think its probably been and gone and we never heard anything about it. Thats normally the way things go. Its like a lot of the surveys workcover do. Seems only the favourite claimants get a chance to respond to how they perceive workcover is doing in relation to their claims. No different to the press. Very selective about what is said so as not to cause any rifts...All gutless.
They would not want to call me it would simply be a poor publicity stunt for them..I would tell them a few truths about how corrupt the Workcover system is and about the systemic corruption that prevails within the organistaion.
Anyway what I think is this
The phone in Rosemary is organinsing is nothing but another phoney campaign.
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Posted by Steve at 8:32 AM, 8/6/2007 |
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Remove any doubts about corruption
June 05, 2007 02:15am
Article from: The Advertiser
THE case for establishing a commission to investigate public service corruption and organised crime in South Australia is becoming more compelling by the day. Several issues which have emerged in the past 48 hours could arguably be referred to an anti-corruption commission.
All that is lacking is the will of the State Government to legislate to set up a watchdog similar to those operating in Queensland, New South Wales and Western Australia.
Clearly, as demonstrated by quite separate issues in those states, an anti-corruption commission has the capacity to generate political embarrassment.
But a government with nothing to hide has nothing to fear.
A government which says the current safeguards of the Auditor-General and the police are sufficient, risks - perhaps unfairly - being accused of having something to hide.
No serious whiff of corruption has tainted the present Government.
But only yesterday it was revealed that two parliamentary select committees looking at the issue involving the operation of government have held no meetings this year.
There is the potential conflict of interest involving Members of Parliament who have outside employment and the alarming case of documents stolen from a police car which have fallen into the hands of a bikie gang.
No impropriety may necessarily be associated with any of these incidents.
But where can they be referred for assessment? Who is investigating them?
And where can people who suspect illegal or fraudulent activity within the broad performance of government go to complain?
The State Opposition - whatever its political colour - and the media have a responsibility to pursue issues which may involve inappropriate government behaviour.
Under Freedom of Information provisions they are often denied access to relevant documents or other information on the basis of commercial confidentiality.
A permanent anti-corruption commission would remove all confusion about where complaints could be lodged, which authority should be investigating specific issues, or doubts about proper release of information.
Political problem
with second jobs
ON FACE value, there may seem nothing wrong with state MPs working second jobs. After all, it is not against the law unless the individual is profiting from the crown.
It also seems in the spirit of public service for MPs with legal qualifications to undertake pro bono work, particularly for those who need help and do not have access to the required resources.
MPs involved include Labor's John Rau and independents Nick Xenophon and Kris Hanna.
However, we demand our politicians are above reproach. By all means they can use their career experience to assist constituents.
But working second jobs, even without pay, raises obvious conflict-of-interest concerns.
MPs are paid well to represent their electorates. If they have spare time to pursue another career, maybe voters need to question where their priorities lie. |
Posted by Anonymous at 8:41 AM, 8/6/2007 |
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WorkCover Victoria
Seems like WorkCover Victoria have the same compassion as workCover SA. here is an interesting case that WorkCover appealed and lost, again it was about a workplace death. Shame, Shame, Shame....
http://www.austlii.edu.au/au/cases/vic/VSCA/2007/86.html |
Posted by Reader at 3:54 PM, 8/6/2007 |
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Why wasnt i told?
| I too was not told about a phone in, i am on Rosemarys email list and havent heard much from her in recent times. I did however thought she was sick and gave her the benefit of the doubt but i keep listening to her on 5AA and it makes me wonder. |
Posted by Injured Worker at 3:57 PM, 8/6/2007 |
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Dr Ewer
| If i was you, i wouldnt be "JUMPING" into too may conclusions, because "JUMPING" into conclusions causes unwanted and unessesary fictional ideas that are put into peoples heads and they actually start to believe things that may or may not be fact. |
Posted by Springfield at 9:13 AM, 9/6/2007 |
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Tell Me Why?
Tell me why it is that criminals get better medical treatment than injured workers? Tell me why it is that injured workers have to give up their rights in order to get the medical treatment they need? Why are injured workers second class citizens?
Why is it under regular health insurance, sometimes treating the same injury but not work related, a person is free to choose their own doctor, go to their own family physician, and have a constructive part in determining their own health care and recovery? Injured workers are not afforded this same opportunity.
Why, just because I am an injured worker, must I go way out of my way to a doctor when one is closer to my home? All these things may seem insignificant to you but if you really stop and think about it these are things that are actually costing workers compensation more money. Is it not true that an injured worker receives reimbursement for mileage when they take themselves to the doctor or they have transportation provided for them if they have no transportation?
Have you ever stopped to think even when comp is just reimbursing an injured worker for their mileage, how much comp would save if the injured worker was going to a doctor that is closer to them? For one injured worker it may not be much but figure it in for all the injured workers and I am sure it is an astounding amount that could be saved just in this cost to workers compensation. Then if you add in where comp pays a transportation service for injured workers who cannot drive the cost that could be saved increases dramatically.
Why just because we are injured workers do we have to hire a lawyer just to get to a doctor or receive the treatment a doctor prescribes but comp denies? When we get to court the treatment is usually awarded anyway so there is a tremendous amount of savings that could be made in this scenario as well if the carrier would just go ahead and approve the treatment.
Why is it that just because we are injured workers, that the claims agents are allowed to starve us out of our medical treatment and indemnity benefits until we either settle for not near enough to even cover our medical costs or wait for treatment until a court order is issued, and by then it is often too late thus rendering many of us either PTD or causing our conditions to require much more medical treatment than if we would have had speedy care and the prescribed treatment in the first place?
Why is it the claims agents in this state are not held accountable for their negligence? Why are the claims agents allowed to cause the cost of comp to go up when the state is looking for ways to decrease the cost to the workers compensation system?
Why is it the claims agents are never considered when issues of comp comes up? Are they not capable of fraud and mismanagement? You always look at the injured worker, the employer, the doctors, the medical facilities. When was the last time you checked out the claims agents and Workcover as a cost driver of comp in this state?
It seems to me that if you truly want to reduce the cost of the comp system and reduce the number of PTDs in this state that someone should be asking why does it take an injured worker so long to get the proper medical treatment and why do we have to hire a lawyer to get it? The biggest cost driver to the workers compensation system in this state is the poor management of Workcover itself.
Please remember that the most expensive injuries are not the small, short term injuries but the mid to long term injuries. If you check the state workers compensation records you will see that the litigation in this state is primarily on these type injuries and the litigation is caused by denial by the claims agents, thus increasing the cost for these type injuries by millions in legal fees.
If Workcover was really interested in reducing costs and saving money in the comp system they would not litigate just about every case that is a mid to long term injury.
Now please take a minute and ask yourself why to all of this. When will Workcover be held accountable? |
Posted by Wondering at 10:20 PM, 9/6/2007 |
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Above comment
I have been told that there is now a service where WorkCover will send a car to pick you up for appointments.
Now when you mentioned that they challenge every long term claimant, i have also noticed that they challenge when there is a death in the workplace. They will do anything to get away with it, dont listen to the stories your case manager or rehabilitation tell you, they just do not care. It is part of their employment portfolio to influence. |
Posted by Anonymous at 9:16 AM, 10/6/2007 |
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Courtesy Car
It is common practice for Workcover to film injured workers when they attend medical appointments.
I wonder if the courtesy cars they provide to drive people to appointments have in house video..
People should be more alert to how Workcover collect information about them. There are currently no privacy guidelines which cover how Workcover collect information about anyone. This can be you as an injured worker or even your spouse, relatives, friends, colleagues and children.
Workcover often abuse their powers to collect information and there is no power to stop this sort of action occurring. Who is going to enforce anything against Workcover anyway??
It is a serious matter that the current government refuses to deal with.
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Posted by No privacy in a democratic society at 11:11 AM, 10/6/2007 |
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Filming Children
| The Investigators use the excuse they need to film children because they are in the vicinity of the subject. My opinion is the Investigators could have a pedophile problem and use the evidence that is not given to WorkCover for other purposes. We would never know what they film, so just be aware if your kids are playing in your backyard etc that there would be preying eyes. |
Posted by Mag Liddy at 8:38 AM, 11/6/2007 |
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Congratulations on a bold statement
Congratulations to Rosemary for pinpointing the reall issues with Workcover and taking such a bold stance.
Lets hope that more people realise the problem lies with the management in Workcover not the legislation.
I hold no faith what so ever in Minister Wright or the current WorkCover Board or the current CEO.
I have said publicly, if there are to be cuts to the WorkCover system, then it is those 11 people who need to go. Pay them what ever “redemption” they are legally entitled to, and then escort them from the system.
That would be a lot cheaper to do that than to continue with this Review which is nothing more than a political stunt to buy time and space for Minister Wright.
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Posted by Reader at 3:42 PM, 12/6/2007 |
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To "Tell Me Why"
Well some years ago i was jailed for an offence that would have only got a fine these days, never the less, when i was released i was given a parole officer.
What he did for me was to become part of the community again and rid of the mind set i had of my criminal activities. I can safely say this person did help me but unfortunately i am now given a rehab consultant because of a work injury and this person has now made me feel not to trust anyone and am now confused on what is actually right, the right thing anymore. |
Posted by Rehab????????? at 5:14 PM, 12/6/2007 |
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Rehab not to be trusted.
I can tell you that in your case your gut feeling is most likely right. You can not trust your rehab consultant. The reason is Workcover use Rehab conslutants to find out information about you. This information Claims managers will use for investigations, for section 38 reviews and the like.
So when your rehab consultant wants you to go and do a course or some part time work hardening remember that this can and will be used against you by the claims managers managing your claim.
If you do not believe it why dont you speak to a few claimants who have been put through the wringer..
Do not forget that Workcover is a big corporation that manages your rehab, your money, your claim and your life in every aspect.
They can investigate you, prosecute you, redeem your claim, rehabilitate you, litigate you and of course do what they do best which is ruin whats left of your life after your work injury.
So the best advice is do not trust your case manager when he says he is trying to help you, do not trust your rehab consultant when they say they are trying to help you, do not trust anyone even your own wife because one day she might turn against you.
For those in the know I was told a few weeks ago by my lawyer that there is a case before the courts where workcover investigators were using information from a claimants son in their investigations. Apparently he was on contact with his mother on weekends and the mother was getting information from the child on contact visits as well as by telephone calls to the child and then passing it on to the investigators at workcover so they could follow and film him. Sadly for the child Workcover do not care where they collect information from and it could only be detrimental to the childs relationship with his parents. If an ex started making allegations because they wanted to retaliate against you they could make life a real misery if you were on workcover, even if you were doing nothing wrong. Imagine the misinformed investigators following you around all the time. Not only did they film him in every day life I heard they were also hanging around the school to film the worker when he was picking up his son after school.
Now there is something to think about when it comes to privacy and your family if you are on Workcover.
So much for the rights of the child.
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Posted by Injured worker at 10:27 PM, 12/6/2007 |
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all donations gratefully received.
I think we're going to have to beg on a street corner.
Went to see the lawyer last night as we need representation for the WorkCover teleconference. HE says that we need reports. Not WorkCover reports, but doctors reports. And they cost a lot of money. Well, we know that means it will cost US a lot of money for the lawyer to obtain them...there doesnt seem to be a shortcut through all of this, and there appears to be no way we can do it ourselves.
The lawyer laughed when we told him some of the advice we had received from WorkCover. He told us that they are uncaring pri*ks who are in the pocket of the insurance company. This came hot on the trail of a phone survey from WorkCover which asked 'Do you think that WorkCover favours the insurance company or the injured worker?' Gave hubby an opportunity to vent, I suppose.
So at this point...we have to come up with another three or so thousand dollars. As hubby no longer works and is not on benefits this is a fairly big stretch. The lawyer said to him yesterday, dont worry about the injury, thats secondary to your case. So's your state of mind. Hubby disagreed - he just wants to be healthy and to not have people looking over his shoulder. The surveillance is a little bit wearing (and yes, we have small children, and no, I am not happy about it).
He just wants to get well, mentally and physically. I just want him to get well too - I am just knackered working fourteen hours a day and trying to look after the bundle of kids. The lawyer asked if he had done anything recreational or anything physical since his injury and hubby looked at him as if he was mad. He has ridden his motorcycle twice (formerly his passion) in the last few months - after a ride on Saturday he couldnt walk on Sunday and very little on Monday. This just sucks. According to the doctors we will have to wait up to three years on the public waiting list.
WHY is there no system available to protect and support the injured workers??? WHY are we treated like criminals in our own homes, when we should be supported??? Who allowed this to happen???
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Posted by moondoggy at 9:47 AM, 13/6/2007 |
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Why does he need a bodyguard?
Heavier security for Rann
Article from: The Advertiser
June 15, 2007 02:15am
PREMIER Mike Rann has apparently upgraded his personal security and is being protected by bodyguards.
Mr Rann was flanked by a bodyguard as he crossed Gouger St in the city this week, with his ministerial car followed by an unmarked security vehicle and more bodyguards.
He also was protected by bodyguards on the weekend when he attended a wedding.
Mr Rann last week launched a fresh attack on outlaw motorcycle gangs in SA, likening their members to terrorists, and there was speculation a fresh threat had emerged as a result of his statements.
However, that has been denied by the Premier's chief media adviser, Jill Bottrall.
"We are not concerned about that (bikies)," she said.
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Posted by Just dessert at 8:13 AM, 15/6/2007 |
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Body Guards
| Gee, where would you start, i agree that the Premier Mike Ranns spokesperson is not concerned about the bikies, there would be other people who i feel have been let down by this government, just look at injured workers. When someones hard earned money and lives are diminished because of other peoples actions it would cause repocusions. Just look at George Bush, the amount of innocent and people killed through 9/11 and the iraq war runs into the hundreds of thousands, add their families and the amount of people now affected runs into the millions. Furtunately for George Bush he would only have a limited time to live due to his age but Mike Rann on the other hand has quite a few years in his his natural life to be afraid. |
Posted by Concerned citizen at 10:17 AM, 15/6/2007 |
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Sounds familiar EML/WorkCover
By Jade Bilowol
June 14, 2007 01:04pm
WORKPLACE psychopaths are common in major businesses and are ruining the lives of their colleagues, an expert has warned.
And they are often rewarded for their ruthless behaviour because they appear smart and creative but are really manipulative bullies who steal ideas, according to Sydney-based psychotherapist and author John Clarke.
Dr Clarke, who has penned two books about workplace psychopaths and will speak at the state government-sponsored Queensland Safety Show in Brisbane next week, today said up to three per cent of the Australian population was psychopathic.
"I would say that in every major company there would be at least one," Dr Clarke said.
"Psychopaths are very comfortable in successful corporations because they are actually rewarded for their behaviour.
"In business you are encouraged to make money for the company and if you appear to be doing whatever it takes to make money, you are often promoted.
"They are seen as rising employees who are full of energy and creativity."
But behind the facade, such workers were "ego-centric, grandiose, pathological liars with a lack of conscience, remorse and guilt", Dr Clarke said.
"I think the workplace psychopath is actually more dangerous than the violent criminal psychopath, because the workplace psycho is smart, charismatic, charming and much less likely to get caught," he said.
Dr Clarke said victims were miserable, suffered depression, anxiety and panic attacks and feared going to work.
"Psychopaths isolate their victims through cutting them out of the lines of communication and then destroy them," he said.
"I know of several situations where employees have committed suicide because these people felt there was no other alternative.
"You are at work, you think about it, then you go home and think about it and question if it's something to do with you.
"You think about all the different scenarios until work is all you think about and at this stage it's destroying your life."
Dr Clarke said employees could protect themselves through education, communication or ultimately leaving their workplace.
"If you know what they do, you are less likely to be sucked in and communication in the workplace makes you feel less isolated," he said.
"But you need to evaluate your situation and, if you can't change it, you need to evaluate the costs for your mental health versus finding a new position elsewhere."
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Posted by Reader at 10:28 AM, 15/6/2007 |
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Untitled Comment
| Statistics say that the longer someone takes to return to work, the longer it takes to recover. Todays statistics show the longer the current WorkCover Board are in charge the higher the Unfunded Liability will be. |
Posted by DavidR at 3:32 PM, 15/6/2007 |
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