Friday 18th of May 2012
 Forum :: Issues in Nursing
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 Subject :Re:Re:Workplace Injury claims and compensation.. 29 04 2012 17:55 
Guest

Guest
Check out workcovervictimsdiary.com.au. Advocating for injured worker through a very corrupted and unfair Workcover system. Exposing case managers and their dishonest tactics.
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 Subject :Re:Workplace Injury claims and compensation.. 02 12 2011 09:55 
agedcarern
Joined: 06 04 2010 10:19
Posts: 1
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After working in Aged Care for 15 years the bone in my foot broke one day while I was rushing to keep up with an impossible workload and continual staff reductions. I was in agonising pain. This happened 12 months ago. Eventually I was put in Cam walking boot. The insurance company attached to workcover would not approve the next stage of my rehabilitaion which was to wear special shoes which were very expensive. This went on for months until eventually I had to buy the shoes myself. 6 months later the insurance company approved the purchase of the shoes. During the time I wore the walking boot my knee, hip and lower back were badly affected by the constant wearing of the walking boot and now I need a fusion of the bone in my foot and a hip replacement,not to mention the terrible pain I have been in for such a long time now. The insurance company had to accept blame for the problem caused by the walking boot because my GP continually included these conditions in my workcover certificates. NSWNA were next to useless and if I had not had my own solicitor there would have been much worse consequences. He is a no win/no fee solicitor and been very helpful as I have ployed my way throught this awful time. My mobility is now very limited and I can only stand or walk for very short periods of time. I will not be able to nurse again, let alone lead the life I did before the original injury. I have been very isolated and depressed throughout this time. Finally I am being retrained to become an Aged Care trainer.
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 Subject :Re:Workplace Injury claims and compensation.. 20 08 2011 21:07 
Guest

Guest
Hi all, I was wondering if anyone has had any experience with an injury resulting from treatment for an accepted workers compensation claim (NSW). About two years ago I hurt my back (2 slipped discs) and have been on regular pain medication since then. However, I have just found out that my pain medication has done some good damage to my teeth. I previously told my NTD that I was drinking a lot more water had had a dry mouth when I was put onto this medication but it was dismissed as nothing (ironically my NTD said the same thing when I originally reported loss of sensation). Regardless, I am now looking at some decent dental bills as a result of the pain medication for my claim. Does anyone know if this can be claimed or can anyone refer me to a particular part of the ACT / regulation that might provide some clarification?
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 Subject :Re:Workplace Injury claims and compensation.. 05 08 2011 22:18 
Guest

Guest
After suffering a wokplace injury to my foot several months ago my workplace now says they do not have any suitable duties for me because of my restricted mobility. Now I am going to go through a retraining program. Does anyone have any suggestions as to what direction I should head in for retraining? I have a few ideas eg medical receptionist. I am 58 years old and plan to work until I'm 65. Any suggestions would be helpful
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 Subject :Re:Workplace Injury claims and compensation.. 24 06 2011 10:45 
TI
Joined: 03 06 2011 01:56
Posts: 5
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If you are not in a union I suggest that you join one I joined the nurses union after 7 months on workcover, all my concerns regarding my employer and the insurers are now being chased up by my union rep, before having a rep I was doing it myself and was being passed from one person to another. A lawyer is ok but they often do not know the ins and outs of a hospital system especially if you are having problems. When it is all finally all sorted out I will be contacting my lawyer as some of the infomation at my hospital was marked as confidential from the CEO and the CEO has told workcover about it
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 Subject :Re:Workplace Injury claims and compensation.. 17 06 2011 01:22 
TI
Joined: 03 06 2011 01:56
Posts: 5
Location
I have already quoted on this page but I do not agree about the insurance companies, it has been decided between my insurer and my employer that I will become one of the Detached workers without them notifying me so I have contacted the ANF about this and my rep is contacting the insurer and workcover sa about this
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 Subject :Re:Workplace Injury claims and compensation.. 03 06 2011 00:22 
Guest

Guest
hi i am in sa where the compensation claim is different the hospital is "no blame" even though it was their fault,its been about 8 months since my injury and now my hospital can not accomodate my shifts after i said something about my immediate bosses about their lack of support,compassion, helping me in a rtw plan,it was also at this time when my lawyer (no win no pay) contacted EML and my hospital about me claiming, and although not in writing i have been told i cannot contact staff at my hospital, all of this is so stressful, i feel as though im going round the twist, to make matters worse my pay has been reduced to 80 per cent and i am the primary earner. i have found that people supplied by the insurance companies supposedly there to help you rtw ie voc rehab,independant assessors,any dr they send you to DONT HELP YOU RTW they are just watching the $$$ roll in, your best advisors are your GP and your LAWYER i am changing my voc rehab next week as i work in pacu and she has a friend in aged care home where i will be going on a work hardening program doing audits so realistic to pacu
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 Subject :Re:Workplace Injury claims and compensation.. 31 05 2011 12:21 
Guest

Guest
Hi!! I would have to agree with the above comment!! Seeking legal advice about your injury can really help the healing process financially and mentally. It can really take away the day-to-day stresses that can arise when dealing directly with the insurance companies. Also, insurance companies do take take your past and future losses into account, therefore it does limit your compensation you recieve at the end of your claim. Seeking legal advice through a personal lawyer can help compensate you for past and future losses such as economic losses, medical expenses and also the most important fact, pain and suffering. Commmencing a claim via the insurance can assist with immedaite payment to help you and your family get by in the short term. But, you have to ask yourself, what do I want in the future? What do I want to do? You have to think about yourself and your finance to help you become stable in the furture for further treament and have to money then and there to help you get by in life. www.legalinjury.com.au
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 Subject :Re:Workplace Injury claims and compensation.. 31 05 2011 11:17 
Guest

Guest
Hi there, Being injured at work is not easy and nor is dealing with WorkCover. The best option when being in this position is to seek legal advice. Go for a No Win No Fee expert in Personal Injury Law. I do agree that your potential claim will have a different outcome depending not only on the firm that you instruct but the lawyer who is handling your matter. Every law professional (personal injury lawyer) has different opinions and also out of experience will have different views on each individual claim. You need to find someone who is willing to take a chance, and has succeeded in the tougher claims. You don’t always have to go with the big brand firms either. There are many smaller firms out there that practise in numerous states but from one office. This doesn’t change the situation or the outcome at all. Do your research and look for a firm that provides good customer service, and someone that you are comfortable with. www.claims.com.au
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 Subject :Re:Workplace Injury claims and compensation.. 04 12 2010 22:19 
Foxylass
Joined: 06 04 2010 10:19
Posts: 118
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I'm sorry to hear yet another work cover story that has ended this way. Why were you not entitled to compensation for pain & suffering? Was your WPI <10%? Did you use Maurice ,Blackburn? Going with the wrong legal team can be your undoing in this situation. The wrong team will fail to send you to a reputable orthopaedic surgeon and therefore your WPI is reduced = no compensation.The nutter the insurer sent me to  reported my WPI as 0%. Mine ended up being 12% after being examined by a decent orthopaedic surgeon then a WCC appointed AMS who both agreed I had 12% WPI. I urge anyone who is injured to NOT go with the union legal firm. They offered me very poor advice which would have definately seen my claim denied and me labelled with some psychiatric illness.The insurance company tried to make me see their psychiatrist after their orthopaedic dinosaur wrote in his report that I was 100% fit for full duties;my pain was "curious" and I was probably just mentally ill. DO NOT FALL FOR THIS OLD CHESTNUT. You cannot be forced to do this.The wonderful gang at Maurice Blackburn tried to persuade me to do just that.All the while telling me that they could not send me to another psychiatrist of their choosing to counter argue the psych label I would definately get because they could not recoup the expense!!!! What the hell were 20 yrs of fees paid to NSWNA? A friend gave me the phone number of a legal service who took my case. It cost me nothing and they took none of my compensation payment. Without them I would have lost my case; lost my job,been falsely labelled for life as a psych patient and ended up destitute as NOBODY will hire you once you have had a workcover claim whether you are awarded compensation or not. Maurice ,Blackburn also declined to appeal my case to the WCC meaning my WPI = 0%= 0 compensation and no liability on the part of my employer and the insurer. My employer was also responsible for my injury. NO MANUAL HANDLING education/training and a NUM's preference for RNs to use draw sheets to lift patients up beds! No slide sheets allowed and no wardsmen in the hospital at all. My only saving grace was that I do not work with adults.Therefore,my low lifting capacity was adequate to allow me to retain my position. My employer tried very hard to get rid of me and even tried to go after my registration by telling management I was suicidal ,then luring me into a room with a child psychiatrist by lying to me and saying I was meeting the team leader to discuss my roster! I had to go so far as to take them before the IRC to be allowed to return to work.This was even after I had met the minimum lifting requirement that they had imposed. I went through hell for more than two years with no family or friends to support me. I clung to my sanity by a thread. I was constantly angry but I think that the anger is how I kept my motivation and pre-empted almost every move my employer and their seedy insurer eventually took. Get legal advice immediately after confirming your injury with a doctor.Also contact NSWNA and ensure they attend ALL meetings between you and your employer.I advise you obtain a voice recorder and ask permission to record EVERY meeting. It is amazing how much more co-operative and well behaved people become when they know they are being recorded.If you are not satisfied with your appointed NSWNA organiser then contact the manager and request someone else be appointed. The first woman appointed to my case was awful.She did not do her job and she did not represent me at all.She left me with no industrial representation via her unethical actions. Later down the track NSWNA realised what had happened and I was given proper representation.You do not have to accept the rehab provider the insurer assigns you.They have no interest in your recovery rather to save the insurer as much money as possible by giving the very worst form of rehabilitation. Beware of a company called "Injury Treatment". They are scum and will try to have your case dismissed or closed. You can choose a provider you want.

Seek compensation it is not about some payout it is about ensuring your employer and the insurer take care of you in the future if you do not recover from your injury. I was only awarded enough to cover the cost of small car but should I deteriorate in the coming years I will be taken care of financially and medically. Don't listen to fools who try to disuade you from making a claim.Are they going to take care of you in the future? It is a dehumanising and extremely stressful experience but the alternative is far worse.Ensure you enlist the help of a good psychologist (not psychiatrist or you will end up drugged and losing your claim after your credibility is destroyed).EAP is not useful in this instance as they only deal with short-term issues and often cannot even manage to produce your file at sucessive sessions so you have to start over again.Lifeline has free face-to-face counselling services if you are having difficulty affording the usual fees. If the state government gets it's way and slashes the workers comp system then we will be expected to live on nothing whilst trying to recover with the inadequate insurer paid rehabilitation methods. The idea is that you would never report your injury;take all of your annual and long service leave whilst recovering then if you don't recover then - sacked. Bear in mind when you vote next year this is the ALP's suggestion when our wage claim (including one24) was made!

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 Subject :Re:Workplace Injury claims and compensation.. 30 11 2010 12:01 
Guest

Guest
Prior to a back injury in 2007, I thought that if a nurse in the public health system were badly injured at work, they would be looked after. My experience since is anything but the case. There is no fair compensation. It is now called Work Cover—it covers the workplace. Once injured, the department brings in its Risk Management unit and it is you, the injured, who is covertly seen as the Risk – a liability to be managed and preferably, to be gotten rid of as soon as possible. For me, the transition from competent, hard working, hard studying and respected nurse to “Risk” has been difficult and even now I still forget that my name has changed. The Risk Management unit and the insurance company initially told me they were there to help me. I thought this would mean helping me find a new career path that fitted in with MY experience, MY career goals and MY education level. Since it was the departments’ inadequate equipment and excessive workloads that ruined my back, I thought that some assistance with retraining would be offered and that some work experience in my desired areas might be offered. It was not. Instead I found myself in my own university sociology essay on disability - dehumanised, with lost rights to self determination, lost privacy, infantilised and labelled. They were all there to help me adjust to my new name and status but not to actually help me! The humiliating attitude of insurance company needs no explanation. The role of health department employed Risk Management units needs some. They liaise with all stakeholders but are not independent. Their loyalties are to the health department, the insurance companies, themselves in performing to their job description and lastly to the injured worker. Their mandate is to have you back in fulltime work, without retraining, as quickly as possible- any work, at a cost to no one but the injured nurse----oops forgot it again---Risk. They are merely doing what workers compensation law requires. Under work cover if you cannot return to your previous duties in full, you are redeployed to suitable duties. These duties need to be physically suitable and not demeaning. Where nurses can choose their career path, Risks have no choice in where they are sent. If I was a nurse, I would think being forcibly removed from my place of work was being sacked. For Risks it is known as being redeployed. If suitable duties cannot be found, you can be pensioned- about $350.00 per week. How’s your mortgage going? Now, three and a half years down the track, the repercussions still continue. Having moved house whilst on leave, I am now trying to get a job in another health service area. By leaving the health service in which I was injured, I am deemed to have discarded my suitable duties. I am now on my own both in finding work and financially and so far no one wants to employ me. The insurance company paid me $8,400 in compensation for my injury. I am not entitled to compensation for ongoing pain and suffering, I cannot claim for negligence nor for loss of career or lifestyle, although all of these factors exist. They would not pay for retraining even though I am excluded from at least 90% of nursing positions. With all our talk of nursing being a profession, why are my losses now treated as if it were a vocation? Bitter and twisted? You bet! I have had to modify all aspects of my life to reduce exacerbations. I still require a position in which I don’t have to manually handle patients so obviously I am restricted to applying for very few of the advertised positions. On N.S.W. health applications there are three places I must discuss this. Still, I’m sure this does not affect my candidacy, equal employment policy and all. As my passion still lies in general nursing, I was hopeful of a related position that uses my skills and knowledge base. Now I find that I don’t meet the essential criteria of “recent acute care experience” or “relevant experience in the field” and have no means of getting it. The union advice all along has been don’t resign. What do you do if you want or have to move house from the health service area you were injured in? All this brings me to my point – the current workers compensation system does not look after injured nurses, it destroys, excludes and demeans them. Once redeployed, our N.S.W. health system, despite saying it is an equal opportunity employer, puts up barriers to re-entry. By not providing alternative pathways for nurses who have been injured and redeployed or pensioned, to maintain and obtain skills and experience, there are no roads back to allow meaningful careers in areas of their choosing. I was a competent registered nurse in a general hospital but once injured it was only my ability to lugg patients up the bed that was valued. I am not alone, as the union lawyer told me as I yet again sobbed down the phone, there are hundreds like me out there, all of whom have been treated with disregard because our laws and culture allow it. We keep quiet because we are conditioned to feel shame and are ignored because we keep quiet. I urge others to tell their stories and I urge the union to publish clear and regular articles that truthfully explain the dreadful workers compensation situation. We need an injured nurse support group, an effective careers advice service, a scholarship fund and a team to liaise with employers to give us discarded a fair go. Maybe this is where some of our union fees should be going. michelle b
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 Subject :Re:Workplace Injury claims and compensation.. 25 10 2010 21:13 
Foxylass
Joined: 06 04 2010 10:19
Posts: 118
Location
If you are injured during work hours it is a genuine claim. You actually had three months from the time of your injury to lodge a workcover claim. Your workplace would have been utterly delighted to get out of a workcover claim so easily. Your long service leave should never have been used. Your employer has ripped you off.It doesn't matter what the doctor thinks about doing paperwork. If you report injury at work they are required to complete a workcover certificate. Your workplace knew you injured yourself at work;especially when you announced you needed surgery. Seek legal advice today. Contact me at foxylass@y7mail.com and I will give you the phone number of a solicitor who will charge you nothing and can advise you as to what rights you still have to pursue the matter.
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 Subject :Re:Workplace Injury claims and compensation.. 21 10 2010 18:40 
Old Nurse
Joined: 06 04 2010 10:19
Posts: 15
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What constitutes a bogus claim or a genuine claim? I injured myself as a result of an injury at work, but because I never put an incident form in I had to use 5 months of my long service leave to cover time off following surgery. I disputed the refusal of claim but tired of the paperwork after three lots of replies. I think the doctors don't want to do the paperwork thats the bottom line.
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 Subject :Workplace Injury claims and compensation.. 10 09 2010 19:04 
NU_Editor
Joined: 06 04 2010 10:19
Posts: 86
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A member asked if we can cover issues on workplace injury claims and compensations on our blog. What specific issues under this topic would you want us to investigate?
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