Safety Institute Of Australia Inc Date Posted: 28/08/2009 16:41 - Sheryl Dell
We don't often talk about workcover here but I have been moved to do so
today. There is injury then there is assault and case workers are re-injuring
workers all over again.
The story goes that an injured worker (female) returned to alternate duties
after surgery (injury accepted as work related) Duties involved operation of
two handed tasks - result injury aggravated and second new claim lodged
(why? because an aggravated injury is classed as a new one)
Worker returns to work (sick leave absences to attend doctors and to
relieve swelling and pain in arm/shoulder) while awaiting a date for surgery.
Boss is angry at worker and gives her the worst hours (to midnight in a club)
and the dirtiest jobs (yes, she could leave but she is the family's only breadwinner)
She is in pain, on pain medication but attempts to carry out the tasks alloted her.
The club has many security cameras as clients often hurt themselves and
fights break out. Camera takes a video of the worker coming to work,
smiling chatting to other workers and customers.
HR Manager and Boss call her in for an appraisal, they begin to question her
about the second workcover claim, she replies that she thought she was there
for an appraisal only, boss then stands, points his finger in her face and screams
that she's there for whatever he decides, the tirade degenerates to one where
the boss states that she is aggressive to clients and she doesn't understand the
work (she has worked there over 5 years, been promoted and has her face
on the plaque as employee of the year). At the end of a hour and half abuse,
he informs her that he has her on tape using her right arm and will let
workcover know.
She fianlly leaves the office after he unlocks the door, and is dissolving in
tears, her workmates see her, the camera catches her in distress. She flees
the workplace and calls a friend to drive her home, leaving her own car at
the workplace as she feels too distressed to drive. He takes her to a doctors
as he is concerned about her. The doctor gives her medication, a certificate
and advises her to seek legal advice.
Upshot - workcover refuses her claim, her word against his (even though
workmates have attested to her state and camera shows before and after
pictures) Says it cannot be harrasement unless more than one episode
and denies stress claim.
This worker has been injured, not once, not twice but four times, three times
by her workplace an again by workcover (is it only money that matters?)
This is not an isolated case either, I find it all the time in my travels and I am
sickened by it. First the injury then the assault, by an unfeeling institution.
I have listened in and taped workcover case workers and am apalled by their
obvious lack on human senses, but in order to save insurance dollars, they are
making it doubly impossible for injured workers to be able to return to work
and be productive units in society.
Sheryl Dell, FSIA, RSP (Aust)
2 comments:
LETS DO IT, TIME FOR ACTION not texts. I have had many contact me through my site about disgusting workcover practices.
http://workcover-csa-childsupport.blogspot.com/
As an ALP member myself, Even the minister for workcover refuses to answer relevant questions and enact legislations to investigate rogue insurers/agents, inclusive thus far of new liberal minister. These very breaches are able to be investigated by the incoming IBAC commission, likewise the state ombudsman is legislated to act for victims but fails its duty and also to be investigated by the IBAC, In fact one issue I raised has continued to cause many deaths due to ombudsman failing to investigate, and the IBAC might make this a big precedent case of departmental negligence and failures to act per legislated guidelines of duty.
ALL EMPLOYEES are not covered by workcover at all, as workcover rejects almost every claim using invalid grounds, and your not allowed to self insure so as it comes under insurance scrutiny guidelines. You are forced back to work injured because the appeal wait is over 2 years, this is to make victims so desperate for cash that they resume work injured and therefore invalidate claims. If one looks carefully at the whole setup, workcover is the STATE GOVERNMENT, and it goes as follows. Govt makes special legislation to hire select insurers as collection agents to collect insurance monies for govts worksafe are, see online QBE wins big workcover client boost from govt. these insurers are exempt from insurance industry scrutiny. there is legislation of penalty if insurers/agents act improper or mislead, but state ministers refuse to acknowledge or enact these legislations upon request, therefore they aid and-abet rouge insurers as its in govts best interests to rip off victims. The govt via its worksafe arm makes all claim rejections NOT THE INSURERS as most people think insurers make those decisions. Why worksafe make many unjustified claim refusals, is to save billions in claims via trying to frustrate victims and stall them unduly too long.
I am currently seeking from my website, as many people as i can, so as I can build a list to create several no win no fee class actions, power to the people. and also using it to amass a big list of consistent evidences of errors and flaws. I also shall be pushing for the following: injured workers claims must be accepted upon report from one GP and one specialist, and payment starts based upon that, leaving onus and obligation upon insurer to either contest, rehab you, or find alt duties, thus speeding up appeal process rather than dictating 2 to 3 years waits under unfair claim rejections. People rejecting claims must be medically qualified to reject other medical specialists. rejection grounds must be factual and valid, and able to be rejected if a court finds the insurer has grounds to dismiss original GP and specialists reports. Worksafe to be made to enforce alternative duties and rehab and if neither then insurer pays out until such is found. Recently, insurers are rejecting claims with a new scam of saying ok there are no alternative duties with current employer but your fit to work at another job so we deem you fit enough to get another job so cant accept you as injured. I am also pushing to ensure the legislated part of the ombudsman is complied with by the ombudsman. I also challenge that work insurance should be allowed under private policies covered by insurance sector guidelines and scrutiny.
I also question workcover insurance rates employers are forced to pay, as if was under private insurance, the cost per worker would be far less per premium. KEEP FIGHTING, DON'T LAY DOWN.
I 1991 I claimed stress, anxiety and depression as a reason to go on workcoverup. I had been forced to resign by visypaper management after a fight with a foreman. I had approached management twice prior to my resigning about this foreman and his abusive tactics, I was told I had to work it out with the foreman. The foreman continued to threaten me with the sack daily for about ten months. There were many fights at visypaper they were mainly covered up by management, some fighters were sacked, some transferred, but nothing was changed. Management bribed police to not proceed with an attempted rape and assault on a female security guard at going away party at the factory site. That was nothing compared to the ordeal that workcoverup put me through. Workcoverup found no fault with visypaper and my claim was denied, I appealed and visypaper was found to have lied at every point in the process. Workcoverup then appealed and on the day of the hearing my wife and I were harassed and badgered by my barrister for hours to drop the case against "Those poor people out there" visypaper. It came out later that at a disciplinary hearing by the Bar Council against the barrister that he appeared to have been bribed by visypaper. Workcoverup, when they heard of the bribery, a director phoned me and said that "Bribery was nothing to get worried about as it happens all the time in cases like this." I asked her to put that in writing, she refused; the minister for workcoverup wrote to me denying every accusation against her. All premiers, workcoverup ministers refuse to answer questions, only one minister has even mentioned the word bribe, visypaper has been silent in spite of me telling the truth for 20 years about the vile evil empire that they are. I have been dunning Baillieu, Mcintosh and Ryan to hurry up and get IBAC going with no more excuses.
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