About

Diary of a workcover victim

diary-of-a-wrorkcover-victim

Erin Brockovich and Lisa

Who are we?

First of all, we’re not going to misrepresent ourselves – that is aworkcovervictimsdiary- and tell you that we have special influence(s) with state legislators and even politicians. We don’t, and neither do some of the others, or we would already have meaningful, fairer workcover legislation signed into law to really help injured workers survive this ordeal known as workcover, work-over or workers compensation.

Our primary goal is to help, assist, educate, inform and empower injured workers  to better understand how to navigate through an ever complicated and convoluted workcover system and not become victims of overzealous workcover insurances and their investors (stakeholders). One way we accomplish this is through aworkcovervictimsdiary, a site that is more than just a ‘glorified’ blog, which provides very important information resources for Australian injured workers!

And we’re not after your money! Although it does cost us  to run this site, we never expect/demand any membership fees or monetary contributions. However we like to receive article/information contributions from injured workers and their supporters as every little bit helps to deliver the important message to the workcover insurance companies— that it’s not “Business As Usual” anymore!

And most of all, we’re not making or going to make promises to you that we know we can’t keep, just to get ‘your support’. That is just absolutely wrong!

We are more of an educational site. We HELP injured workers! We are advocates for the people injured and/or made ill at work. We go to bat for those falsely accused of workcover fraud by insurance carriers … by any means possible!

Another main goal of aworkcovervictimsdiary is to put an end to the rampant fraud and corruption perpetrated upon Australia’s injured workers by the insurance industry and their legislative friends. To help, support and assist those who are genuinely serious about bringing back some legitimacy to Australia’s Workers’ Compensation systems, a system that now is controlled by a corrupt and out-of-control insurance industry, that has our legislators pimping and pandering influence in exchange for their political contributions.

To stop the escalation of workcover insurer (and employer) fraud. This ‘White Collar’ fraud is a primary reason that our Workers’ Compensation systems are so dysfunctional, with insurance carriers hiding behind the fact that Australian law has not developed to the stage that there should be recognition of a new tort which imposes a duty of good faith on an insurer operating within a statutory workers compensation regime….to shield them from legal liability for their criminal acts, post injury!

Who are our our team members? Our team consists of  mainly (seriously) injured workers, including past injured workers (who have thankfully been able to leave the system), their families and carers and advocates. We also  have a few “professional” resources we can tap into such as pro-bono lawyers, and a few medical practitioners. Many of our folks are in the trenches and they know first-hand the obstacles and troubles that injured workers face. Others are those who want to see a real reform come to our Workers’ Compensation systems, and bring back some form of fairness and equity to this (supposedly) benefits delivery system that is so vital to every state. aworkcovervictimsdiary is also supported by Erin Brockovich.

We are in the 21st century, and injured workers need to use 21st century technology and tactics to get their voice heard by those who can help make the necessary changes.

We are NOT a political organisation. Political organisations are simply about money and power, plain & simple. They want your money and then they have the power, not you!  If you’re tired of playing “footsie” with politicians, then you’re the person we’re looking for. Injured workers need help and they need it now, not in 2 years!

You can read more about who we are and what we (aim) to do here>>

Help us help injured workers all over Australia, and bring some fairness and equity back to the WorkCover system.

A word from the founder of aworkcovervictimsdiary

Were you injured at work? So was I! I became a disposable inconvenience because I was injured at work!

Why is this site so important?

Someday you or a loved one may be face to face with the WorkCover system and their illegal activities, knowledge is your best defence.

This site will help you navigate through the murky waters of the workers compensation system, and whilst my experience with workcover occurred in Victoria (Australia), I sincerely believe that it crosses all states and even borders with respect to the insane challenges and nightmares that a workplace injury can create, within any workers compensation framework or scheme that I am aware of.

My message to injured workers (and their supporters)

My message is simple and that is that you have to do your own research into the workers compensation laws relevant in your state or country; you really need to keep well informed and remember at all times that people advising or assisting you are most often not working in you best interest.

From my own experience I found that “mistakes” and “oversights” occur all the time. Like you, when I was first injured at work I did not know my rights – they were certainly never given to me by my workcover insurer, and I was and am treated with utter contempt and disrespect by my workcover insurance company, and also by my (now former) employer.

Knowledge is your only power!

A Diary of a WorkCover Victim- kick-started by seriously injured “Workcovervictim” in August 2011.

This site was born out of my sheer frustration, anger and grief regarding the workcover system where all is not made clear, where the waters are very murky, and when the chips are down, the very people who are responsible for duty of care and support simply choose to ignore you, the injured worker.

Remember all stakeholders (i.e. independent medical doctor; insurance doctor; rehab service providers etc.) are accountable to and will perform in a way to please the hand that feeds them – yes, it is all about money.

I hope this site, our and many other injured workers’ stories will somehow help other injured workers navigating the murky waters of the workcover system, and , at the very least, be extremely diligent in finding out their legitimate rights, always questioning the “system” in order to keep some sort of control within the workcover system.

The workers compensation is – in my opinion- extremely adversarial and they use tactics to wear you down, to make you emotionally bleed out, to break you, all in order to weaken your position and to maximise their insane profits.

Because I had been seriously injured at work, I have – like you- become the “suspect” and the “enemy”. My own experience has thought me to fully distrust the insurance company or the case manager – their attitudes and behaviours has led me to realise that “humanity” is something that is not exercised nor understood by them.

Even though liability was accepted for my injury, I was and am still treated (like you) as guilty and with suspicion. So I knew (an you will learn) that it was and is up to me (you) to protect yourself and to treat everybody with suspicion and distrust in return. No one is there for my or your protection; except my/your lawyer! This is where the word Diary played a huge part when deciding the domain name for this Blog. The word DIARY is to it is to remind all injured workers to KEEP A DIARY! Why? To protect yourself !

In a workcover situation it is my experience and opinion that injured workers are treated as guilty by all parties – which is insane, given that in Australia even the worst criminals are afforded the right of being innocent until proven guilty.

I dedicate this site to all injured workers who have been abused by the adversarial workcover compensation system and/or the workplace. May they never give up, may they fight like warrior for their legitimate rights, and, most importantly, may they hold onto their dignity, self-respect, self-esteem and sanity; and may they WIN!

Lisa – Workcovervictim

aworkcovervictimsdiary and Lisa (aka Workcovervictim) are supported by Erin Brockovich

erin-brockovich-down-under

Click to read article

Disillusion yourself of any idea that the IME is independent

Read the article and memorise some valuable tips!

Rate an IME

A list of IMEs (Independent Medical Examiners) is NO longer published!

June 19: Note: we are currently fixing many broken links and working on a site make-over

Come with us…

…on a walk through the Australian workcover back streets, where you get a chance to meet the system without losing your sanity. We guarantee, you won’t be bored – disgusted, humiliated, frightened, offended, outraged – anything but definitely not bored. Some of the stuff we write will make you laugh, some will make you cry but most of it will just make your skin crawl.
Our only hope is that the knowledge you gain from this site will help you survive the “system”.

Hi,

Since August 2011, our humble Diary of a Workcover Victim, based in Australia, is one of the  most popular, free, supportive, educational, eye-opening and enlightening injured (and ill) workers’ rights and workcover benefits website/blog, authored by injured workers for injured workers in Australia.

We are proud to have empowered and helped zillions of injured workers (and their families) in their time of need and (c)overt abuse, providing them with easy, online support and access to much needed information about our adversarial workcover system.

If you are an injured, ill or disabled worker or a supportive family member, you know how difficult it is to find the help you need. The lack of resources and support can turn your life into a brutal nightmare. But you don’t have to fight this alone. We support and connect people who have experienced a workplace injury, trauma, illness, pain, and/or disability first hand.

We totally understand what you’re going through: the frustration, fear, and hopelessness. But here, you will unite with a community of fellow injured workers (and some advocates) who have joined together to fight back and to kick butt.

Our mission remains the same as it was when we began: reduce the difficulty of injured/ ill workers and their families searching for vital (and hidden) resources while increasing access to empathic support, workcover benefit information and the various – dirty- tactics used by the workcover insurers (and their allies) to deny, stall, and gaslight your claim.

Our site’s core function is the blog community support allowing injured workers to interact with other injured workers as well as other people who are also dedicated to our cause.

A workplace injury, illness, pain and/or disability doesn’t just affect our income; it also damages relationships within families and social circles, and simply drains the joy from our injured lives. The physical and emotional effects of this stress and isolation, combined with the -frequent- very brutal abuses of a very adversarial workcover system, very often lead to depression, anxiety and other mental illnesses. With no way to earn a living, and no real support for our cause, how are we expected to survive?

The world looks down on people who have been injured (made ill) at work, assuming that we are all lazy, malingerers or fraudsters, taking advantage of the workcover system. Workcover insurance companies, along with some politicians, and a biased media have shaped this stigma through decades of similar, unfounded claims and statements. As a result, injured/ill workers feel completely and utterly alone.

We do know what you’re going through and what you need to help you pull through, because we are seriously injured & disabled workers ourselves!

Get the help, support, understanding and the information you need to put some of the pieces of your life back together. Through the community of vital support and resources, you too can take a step toward change.

 

In Unity

A workcover victims diary is supported by Erin Brockovich

On 23 March 2012, Erin Brockovich, personally visited Lisa (aka Workcovervictim), the kick-starter of aworkcovervictimsdiary.com. Erin was moved with workcovervictim’s personal and most extraordinary work injury, and unimaginable ill-treatments received at the hands of the workcover insurance company, but she was also – and more importantly – most impressed with the work done by the humble aworkcovervictimsdiary.com!

Erin Brockovich’s message is clear and loud and that is that she is shocked that what I have experienced, (and still am experiencing) at the hands of my workcover insurance company. Erin and I (aworkcovervictimsdiary) strongly believe that there is a systemic pattern of misconduct and abuse, which seems to be the “norm” here and that this is unacceptable.

Erin Brockovich believes and told me that it is high time for all injured workers to YELL out loud and to share their stories.

She says there is no need to be afraid and to fear workcover insurance companies and case managers. You are the power! And together we can make the insurance companies very afraid of us!
Erin Brockovich has asked me to contact ANYONE who will listen and tell them my and your documented stories.

The fact is that many, if not all workcover insurance companies and their case managers treat us like criminals and in fact by doing so are negligent to the point of putting our very lives at risk. As is made very clear through our blog and its interaction with injured workers, the biggest issue is that YOU are not alone, which ultimately means that a pattern has been established by workcover insurance companies. In the interest of saving big money, insurance companies and their employees turn a blind eye to the treatment of injured people whose care is entrusted in them.

All the while many horrible case managers [and therefore workcover insurance companies] continue to do irreparable damage to you [the injured worker] with no regard for your safety, not to mention to the quality of your life.

To Erin Brockovich, the natural next step would be to file a class action lawsuit against what is a horrible, broken system.

Erin-Brockovich-signature

 

Screenshot_2019-08-13 A Workcover Victim's Diary – Empowering Injured Workers surgery-workcover

What to do when workcover medical treatment & surgery is denied

If you have a WorkCover claim, and the WorkCover insurer has made a decision that you don’t agree with, it is important that you know that you are allowed to challenge this decision. This can include denial of medical and like treatment, even denial of requested surgery. In this article you will find some useful resources to help speed up the decision-making process, as well as dispute and complaints avenues.

Continue Reading…

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Workcover and the term Psychological Overlay

In the quest to curb costs, the WorkCover system often engages in counterproductive actions or inactions such as delaying care, inadequate care, denial of responsibility and minimization/ downgrading of the injury. Way too often, the depressed injured worker learns that delayed or inappropriate medical care has resulted in a chronic condition, and they are told that this could have all been prevented had you seen a doctor/surgeon earlier, but the (Eg. nerve damage, whatever) is now permanent. The injured worker already felt a sense of frustration, fear, and helplessness, but with that information, they now feel angry and hopeless. In addition to that many WorkCover case managers will take the liberty to fabricate intricate mumbo-jumbo cover letters that are sent to a cherry-picked independent medical examiner, together with some irrelevant medical information. One of the more common cover letters we have seen states that “… it has been alleged that there may be a psychological overlay…“.

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Workcover Surveillance adds humiliation & paranoia to work injury

Surveillance is still an accepted tactic in the workcover world, especially in longer-term and more complex cases, including in cases of mental injury/illness.  Workcover insurers still try to convince the public that surveillance controls fraud. But for genuinely injured workers, surveillance tactics can cut off rightful benefits and, worse, also cause humiliation and paranoia to the injured worker’s pain, disability, and lost income and joy of life.

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Grilled by a psychiatrist IME – Answer like a politician

If you have been unfortunate enough to have suffered a psychological or psychiatric injury or illness at your workplace, once you start down the workcover claim path, you will soon realise that this is when your nightmare will truly begin. Once your workcover agent receives your claim, they will do just about anything to find ways to either deny or reduce your benefits. One of the unsavoury tactics used by the workcover insurer is to sent you to independent medical examinations.

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EML WorkCover NSW Case Manager sued by injured worker

Further to the recent article by ABC Investigative Journalist, Pat McGrath about an injured worker who has taken the unusual step of prosecuting her case manager (EML) for its failure to determine her claim for compensation as and when required under the WIMA,  it has come to our attention that the New South Wales Workers Compensation Independent Review Office (WIRO) has published on their website that they “bring to your attention that on 29 November 2018, the Supreme Court of NSW (per McCallum J) declined to grant prohibition to Employers Mutual Limited (EML) in respect of a Court Attendance Notice (CAN) that was issued by the Local Court of NSW upon an application by an injured worker : Employers Mutual Limited v Julie Ann Heise and the Local Court of New South Wales – 2018/356687. Her Honour’s judgment has not yet been published, but her decision provides authority for the proposition that SIRA does not hold a monopoly regarding the prosecution of offences under the WIMA.

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Who is your workcover case manager

The only reason workcover case managers are employed is to help the Agent (aka the insurance company) to make money, or save money – as that is what all insurance companies do. They wouldn’t be in the business of providing “workcover insurance” to employers, if they weren’t a business. The whole idea is to make profits. Period. Below are a couple of their most common “dirty” tactics.

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Workcover Case Managers: from Pizza Hut Team Leader to Claims Manager

You may remember that we have – over the years- posted quite a few articles about the Workcover Case Managers (aka Claims Assessors). They often have the right to withhold treatment recommended by our own medical specialists or to over-rule evidence-based treatment based on thorough medical knowledge. Workcover Case Managers also change often, without notice. The problem becomes even more absurd in that the Workcover Case Managers do NOT have appropriate education nor qualifications, certainly not in the medical or allied medical field, yet they are given the power to deny your claim and to deny your medical and like services! Continue Reading…

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What do you do if you feel your IME report is incorrect?

As we have stated a zillion times, independent medical examiners (IMEs) are not always perfect. Sometimes the IME doctor will make mistakes, these could be genuine mistakes and oversights based on, for example, very selective and outdated “material” your case manager sends to the IME doctor. But unfortunately some IMEs are outright biased, some more than others. So what do you do if you feel your IME report is incorrect, or is missing important information, or has partial “mistakes” and/or “oversights”?

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