Assault on Injured (WorkCover)

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)