I need help

Do you need help with your workcover claim? Do you have a question you need answered?

 

 If you need help or advise, this is the page where you can post your question(s).

If you’re stuck and need help with your workcover claim or have a particular question, please post your query here. Please ensure you mention the state you are located in, as the workcover laws vary from state to state.

Due to the large amount of email queries (questions re workers comp and workcover claim issues) we can not guarantee that we will be able to answer your email/queries personally. Please use this page (I need help) – below- to ask your questions, as our contributors and injured readers are often able to answer your questions or lead you in the right direction. You can use a nickname and an alias email to comment/ask questions, preserving your anonymity.

Remember that we are based in Victoria, and are most knowledgeable about the Victorian workcover system, however our interstate readers are often able to help injured workers from other states than Victoria.

For “peer-to-peer support”, you can post your questions here on this page (below in the comment section) where our Team and other injured workers may have advice for you or experience with your specific situation in your state.

We always like to hear the stories of all injured workers in Australia to help us compile anonymous, but factual, evidence from as injured workers about any abuses they have experienced by workers compensation systems across Australia.

How to post a question

workcovervictimsdiary-use-a-nickname

Please also refer to our general website use page as well as to our Comment Policy as well as our Social Networking warning

To post a comment on a workcover victims diary you do not need to register or login or anything in order to post a question and you can post it entirely anonymously.

You can use the “comment” form under each post (article) to comment. To do so you will need to use a name (which can be anything fictitious such as “victim”, “newbie”, “I hate them”, whatever) and an email address. The email address can be entirely made up as well, should you prefer to remain anonymous (mind you, using your real email address is also safe, as it will NOT be published and your email will only be visible to the blog’s administrator), however, due to potential hacking or snooping, we suggest you use a fake email address at all times to comment (so that in the unlikely event of a successful hack your email address can not be stolen). A fictitious email address can be anything as long as there is a “@” in it and a ”com”; for example “nothing@whatever.com”; “fake@fake.com”.

Please bear in mind that our articles commenting automatically closes after 90 days – this is so as to avoid a sh*t load of spam/attempted spam (which we the need to manually remove from our databases). However should you wish to add a comment to an older article (older than 30 days), please contact us and consider it done!

Note: aworkcovervictimsdiary does not (or very rarely) insert comments on behalf of our readers – i.e comments on articles received via email.

Additional Resources

Search box and the Tags:

 

workcovervictimsdiary-search-tools(on the right hand side of the blog): our site contains over a thousand articles and chances are thataworkcovervictimsdiary-tags the information you are looking for is already on the site. You can use the search box (see image left) to type in a keyword(s) i.e. type in “IME” (see below – use our advanced search), or you can search the Categories. An easier way is to select the Tags.For example if you are looking for information about independent medical examinations, simply click on the tag “IME”, which will show you all the posts and articles about IMEs. (see image right).

You can also view our site’s content in the form of a Sitemap , showing our archives, for ease of reference.

 

Use our advanced search

search-aworkcovervictimsdiaryYou can type a keyword in to the search box (top right and bottom of side bar on page) and you will see a little wheel spin while the site is looking for all articles that contain the keyword. For example: I am looking for “impairment” articles and started typing “impairm” as my keyword; after a few seconds the articles come up automatically! (see picture on left)

Relevant workcover legislation in each state

Head on over to our section: Resource Centre in the  (top)menu, which contains a page titled “workcover legislations” where you can find all the workcover laws in every jurisdiction (state and territories).

Frequently asked questions

We have created pages and lists of FAQs, i.e. WorkSafe VIC FAQ, where you can find heaps of information.

Also see “who else can help”

If you’re stuck and need help with your workcover claim or have a particular question, please post your query here. Remember to please ensure you mention the state you are located in, as the workcover laws vary from state to state.

If you need help or advise, post your question(s) below in the comment section.

 

updated12 April 2015

2,775 Responses to “I need help”

  1. Hello

    I am a psychologically injured and I have passed almost one year.
    I have attended clinical psychologist every week.
    I think I am stable as I am not worse than before but not better any more.
    Recently, GP and psychologist asked me to see a psychiatrist for the further treatment.
    However, The psychiatrist prescribed medicine has terrible side effects and I don’t wanna take any other alternative one any more.

    I saw a lot of patients sued for this medicine after taking. It looks poison for health but good for mental health.
    If I need a stable condition, What is required? Do I need to take miserable medicine and need to show improvement?
    If the medicine make me feel more miserable and life quality is worse, can I deny attend the psychiatrist office?

    I would like to know this will be issue for continuing work cover.

    Thank you,

    • @Anne, you do NOT have to take any medication that doesn’t sit well with you. They can not force you to do so. We are all individuals and some of us have bad side effects and can’t tolerate certain meds. So please don’t feel bad. It won’t be an issue for workcover. Just tell your GP you can’t tolerate it. To be assessed as stable you must not get better or worse with or without treatment by 3%. I think for a psych injury this may be a bit tricky but if your psych thinks you have reached maximum medical improvement you should be able to be assessed for total permanent impairment. You can not have it assessed until 12 months after the date of your injury/condition. For some it takes years (my injury took 7 years and I had to beg the medical panel to consider it stable, after 5 rejections due to ‘injury unstable’). Good luck!

      workcovervictim3 August 12, 2019 at 8:44 am
  2. Hi, Mark in Melbourne
    I injured my left shoulder at work on Monday 29\7\201 Told that I have to go to there doctor.
    I complied with these directions and was immediately sent to Frankston A&E Its now sunday 4\8\2019 and after continually requesting claim number from employer so that am able to get ultrasound as ordered by my doctor am hitting brick walls with them.
    Am currently in no position to finance the costs myself. currently on pain killers and don’t have any help.

    What do I do, suffering a
    great deal of pain and this has been the case for the last week.What do I do next.

    Mark

  3. Hi;
    I acquired knee problems after a heavy fall last November after having 13 weeks off with physio I returned to work on light duties building the strength in my knees and legs and also mind. i returned to full time duties after the three weeks and continued working with a little discomfort until around the 12th July when after a horror week of discomfort in the knees I attended my doctors and was given a week of modified duties, which my manager at work had a.greed to find something for me to do, being at work is much better than staying at home waiting on things to get better.
    now the work care agent is saying I have to fill out a new claim form as they have determined it is a new claim and not a reoccurrence of the first claim is there any way I can appeal this decision?

    frustrated red tape July 24, 2019 at 5:11 pm
    • @frustrate red tape – sounds terrible. I think this has happened because you returned to work to full duties for a period of time. So I guess the insurer thinks your original injury had “healed”. Best would be to either consult a lawyer, or go ahead and claim an AGGRAVATION of original injury. Talk to your GP about this, you will need medical evidence incl from your GP, and best from an orthopeadic specialist as well. Hope this helps a bit.

      workcovervictim3 August 12, 2019 at 9:02 am
  4. I have a psychological claim. I am passed 130 weeks but my treating doctors want me off workcover if I am ever to make a recovery and not die (estimate 10-15 years). Is there a way to end a claim with a limp sum and move to centrelink? I am scared of ime’s and they make me worse especially when they write things never said – live in vic

  5. I have a psychological claim vic. I am passed 130 weeks but my treating doctors want me off workcover if I am ever to make a recovery and not die (estimate 10-15 years). Is there a way to end a claim with a limp sum and move to centrelink? I am scared of ime’s and they make me worse they write things never said

    • @Vic Working – As we mentioned many times before, rushing to to your GP to start a workcover claim for a psych injury is not always a good idea..Those who have been through the system will often tell you although being bullied etc at work was horrific, the day they started down the worker’s comp claim path was when their nightmare truly began. Unfortunately in VIC you need a minimum of 30% total permanent impairment for a psych injury before you are eligible to a modest lumpsum currently around $80.000
      Many people with severe psych injuries never reach this threshold. So, is your condition stable? Have you reached MMI (maximum medical improvement), will your injury not get worse or better with or without any treatment. If yes, yhen you are ready for a permanent impairment assessment undertaken by an IME. If you believe the assessment was unfair you can dispute it via ACCS/Medical panel. If you achieve 30% WPI or more AND can prove negligence (which is hard) you may be eligible to common law damages. Your situation may be tricky. Personally I would consult a good lawyer to assess whether you have a common law case and whether they believe you will achieve 30% WPI (= serious injury). Failing to reach 30% WPI (= serious injury) you can not settle anything. You can chose to stay on workcover for medical and like and weekly payments, or quit. Best advice is to see a reputable experienced lawyer for advice and opinion. Zaparas lawyers are fabulous and are located in VIC. First consult is free so you have nothing to lose. Hope this helps a little

  6. Hi there i need recommendations for a lawyer in nsw experienced with Workers Compensation appeals process. I have a deadline of 26th July so any help in the right direction would be greatly appreciated. Thanks!

  7. Hi does anyone know if there’s any rules about a Comcare Independent Medical Assessors? For example are they allowed to prescribe you medication with a repeat with the intention of you be coming their patient separate to any claim?

    • I forgot to add above and He did NOT mention it to Comcare nor my doctor.

    • Cameron, all IME’s (Comcare, or all other insurers) should be independent and are only used to assess certain aspects of your claim indpendently. They are not allowed to prescribe or treat you, or ask you to undergo x-rays etc. There is NO relationship with an IME and an injured worker (eg nothing is confidential). I would urge you to file a complaint with Comcare in the first instance.

      workcovervictim3 August 12, 2019 at 8:52 am
  8. Hi there, I am based in Victoria and have been granted work cover due to maltreatment and sustained psychological trauma as a result by my employer. Recently, i have been made aware that staff at the organisation have been slandering and defaming my character to members of the community and other staff within the organisation, which has pushed my mental health status to decline further.
    I’m not sue what to do. Thought about seeking legal advice, but cannot afford this.
    Thanks in advance

  9. Hi everyone, I am in Victoria and helping my son with a Workcover claim which was submitted 12 months ago. He has been back at work for a long time but we have now applied for a Permanent Impairment claim as the workplace accident caused a permanent injury. He can still work but it has affected his hand (dropsaws do that). Should we be seeking professional advice or try for some payment ourselves? I believe he should be entitled to something but I don’t believe it will be any big huge amount so I don’t want to seek professional advice and have it eaten up in fees.

    • @Kim I wouldn’t give lawyers the unneccesary cut from a small impairment. Use them if you wish to lodge common law proceedings, but permanent impairment is literally the completion of a claim form and submission – he will attend 1-2 IME’s and must meet the threshold. There is a basic appeals process through ACCS – to Medical Panel. Pretty straight forward.

      • @CeeVic, Thanks for your help, that is what I was hoping for as pretty small matter compared to others injuries.

  10. Hi Folks,

    Could someone please fill me in…
    Once you’ve submitted a claim application e.g. for a workplace harassment matter
    is Workcover meant to do the digging around or is it up to the employer if Workcover has been lazy and palmed off all the questions requiring answers to them?
    I’m based in Qld. Thanks

    • @Tickedoff, I believe BOTH will be digging around, but in the first place WC will ask your employer for answers, then you may get interviewed as well as witnesses (where applicable). So WC may conduct an ‘ínvestigation’. You do need to suffer from a diagnosable mental disorder for your claim to be approved, so make sure you have been diagnosed by GP, Clinical Pysh and possibly Psychiatrist.
      If you need a wonderful lawyer, I personally highly recommend Stuart McLeod from Zaparas, based in QLD.

  11. Hi, I was wondering does an insurer have to put in writing they will continue to pay you if you have received letter from medical board you have zero capacity to work?

    • @Newbie, assuming you are in Vic (Australia) and the medical panel deemed you unfit for work for the foreseeable future, then your weekly payments will continue (or you can settle your case). The insurer will not put this in writing unless it is part of a settlement. If your work incapacity is temporary, the insurer will likely send you over and over again to IME’s (which the findings can be disputed at conciliation and possibly referred to a medical panel again).

      WorkcoverVictim February 6, 2019 at 7:40 am
  12. @Alan, sorry for the delay in replying (underwent surgery 3 days ago). There are a few good articles about the process of applying for serious injury via the qualitative (narrative) test (if you do not meet the 30% total body impairment threshold). The timeframe depends on the court, as they are usually overbooked. On average 6 to 12 months…
    http://aworkcovervictimsdiary.com/?s=serious+injury

    WorkcoverVictim January 27, 2019 at 8:07 pm
    • Thanks WorkcoverVictim,

      Yes I’ve read those articles, they tell you what you need to know, but I’m curious about criteria – does it just fall on the WorkSafe panel lawyer to make a subjective decision about whether they feel you have a serious injury under the narrative test?

  13. Hello fellow sufferers,

    I thought I would post to get your collective views on my situation.

    I submitted a Serious Injury application. 2 days before the 120 day limit, WorkSafe Vic rejected my application, but not before the following happened:

    1. They sent me to an IME. I researched the IME on ratemymds.com(.au) and saw dozens of horrible reviews. I asked the switch and Worksafe said no. If I don’t see him then they will suspend my application until I do. So I saw him and he wrote the most favourable report he could have. In fact the report was so strong I’ve also them to re-instate my weekly payments as well as it says “no work capacity for any employment or alternate employment likely to continue for the forseeable future.”

    and

    2. WorkSafe offered me a Pain and Suffering certificate only at about the 100 day mark, which I rejected.

    Now despite 1 and 2, I found out today they’ve rejected my application. I wasn’t shocked I’m just curious how they go about determining whether they grant or deny an application? And roughly how long does it take to get an origininating motion to hearing in the County Court?

    Thanks guys and girls

Leave a comment!