topic Has anyone lodged a workcover claim for bullying? in Anxiety

Has anyone lodged a workcover claim for bullying?

BIueBird — Tue, 16 Jul 2019 00:06:58 GMT

So I’m currently off work due to workplace bullying, a highly stressful role and no support from my employer (Big 4 bank)

I’ve been there over 10 years now and feel they are just trying to sweep me under the carpet, I’m considering lodging a workcover claim but the thought of that just makes my Anxiety and panic attacks worse but I don’t want to just quit because then they win .

Ive managed to work a few days over the last couple of months but a full on melt down yesterday

I’m at a loss as to what to do, I fell so helpless, a burden on my loved ones and guilty.

Would love to hear others thought and experiences on this,

Has anyone lodged a workcover claim for bullying?

Katherine22 — Tue, 16 Jul 2019 10:04:06 GMT

Hi BlueBird, firstly you are not a burden this is not your fault! Please don’t feel guilty or hopeless you will be ok.xx

I too have been bullied in the workplace and I left a position I really enjoyed because of it. I decided to choose ME and in my eyes by any means they did not win. I actually win because someone bullying you is not worth staying at a job. It’s just a job and your life, mental health and well-being is 100 times more important. As for putting in a work cover claim I would recommend you do. Nobody unfortunately is going to fight for you but you. Yes it will be difficult but you can do it, fight through the fear and show them that how you are being treated is wrong.

All the best xx

Has anyone lodged a workcover claim for bullying?

Rabbit33 — Tue, 16 Jul 2019 11:04:15 GMT

Hi Bluebird,

I'm so sorry to hear that thing is happening to you but am happy that you have reached out to us and looking at your options on what you can do to help the situation.

I had a similar experience and lodged a workcover claim for bullying within the workplace last year. I can only speak to u about certain aspects of my experience, i can't give you the answers unfortunately as every situation is different and i don't feel comfortable giving advice on such a sensitive topic.

Firstly, have you spoken with your Doctor about this and is he aware of the entirety of the situation where work is involved and do you have a good relationship with your doctor?
Your relationship with your doctor is a HUGE contributing factor, so be sure you are seeing someone you trust and has your best interest at heart.
Have you got a strong support network?

From my experience with Workcover, i had a horrible time with me ex-employer and the bullying was extreme to say the least, after 12 months of it, I broke down and went straight to the doctors in tears. Thankfully my GP is amazing and was so supporting to me. I ended up lodging my claim and the process can be a little painful. I had a terrible experience with the employer not being cooperative and ended up having the Ombudsman and Commissioner involved, plus worksafe Victoria.
The process to go through while under investigation can be a little daunting and intrusive; Insurance companys are never really a pleasant bunch to speak to.
I had issues with delayed payments, and having them contact me back. Then cutting my payments off early, but i was able to appeal and get reinstatement.

Basically, if i were to give any advice. Don't let them push you around; your ex-employer as well as the insurance company. Try and get some free legal advice first. Ensure you have a strong support network to prevent additional stress and isolation. Make sure you send most if not all correspondences to any party involved via EMAIL. - You may need it later.

No one deserves to go through bullying, try get some advice and then make a decision.
It could help to speak with your family or close friends. If possible, it would be very beneficial to get some legal advice, most other agencies involved with workcover, won't give 'advice'.
- maybe do a pro's/con's list on putting in a claim?
Bullying in the work place is so common and so damaging, more needs to be done about it.

Whatever you decide, i hope you get the best end result!

Has anyone lodged a workcover claim for bullying?

Summer Rose — Tue, 16 Jul 2019 13:44:31 GMT

Hi BlueBird

I'm sorry that you have had such a traumatic experience in your workplace and that you are unwell. You are not a burden, just a human going through a tough time. I hope you are receiving professional treatment for your mental health. This is essential.

A WC claim is definitely an appropriate option but, while the system is generally worker friendly, from my experience the process may add to your stress. You need to go down this path with your eyes wide open, if you know what I mean.

You say you feel your employer "is trying to sweep you under the carpet" and I'm wondering what that means. Have you lodged your complaint internally with HR or been having discussions with your manager? Has the bullying been investigated? Been unsubstantiated or substantiated? Has any disciplinary action been taken? Do you think your employer would dispute the claim?

I'm asking because the answers to these questions may affect the ease and success of a wc claim. The insurer will likely send in an independent investigator if the claim is disputed by your employer, so don't worry too much if it hasn't been successful from your perspective. However, the investigation process and independent medical examinations can be tough on a person.

You need a good GP and some independent advice on the system in relation to your specific circumstances would help too. In my state we have a free service called "WorkCover Assist" and they will walk you through the system and attend meetings with you, etc.

You don't have to answer my questions here (only share what you want to share) but if you choose to, happy to keep chatting.

Kind thoughts to you

Has anyone lodged a workcover claim for bullying?

BIueBird — Wed, 17 Jul 2019 23:53:45 GMT

Thank you

yes I’m working with my GP and I’m going to see a psychologist today as well

Has anyone lodged a workcover claim for bullying?

BIueBird — Thu, 18 Jul 2019 00:02:10 GMT

Hi Rose

thank you for your reply

yes I have been through HR and my claims have been substantiated, the person involved has received “coaching” for her behaviours but that’s about it.

by swept under the carpet I have been moved to a project team and my manager now avoids eye contact with me and does not acknowledge me at all. I feel like they are trying to push me out but maybe I’m just being paranoid.

I am currently seeking new employment which means I will walk away from my long service which is due in just under 12months but I feel the environment has become to toxic to stay.

Part of of me wants to stay and fight but I don’t know if I have it it me and I’m concerned if I go down the workcover path I will ostracised even more than I already have been but I’m at the point where the thought of going in there cases a panic attack and I’m know having to take meidcation.

ive always been a strong resistant person and never thought that in my 40’s I’d be dealing with this school yard crap. I’m at a loss as to what I should do.

Has anyone lodged a workcover claim for bullying?

Summer Rose — Thu, 18 Jul 2019 02:56:32 GMT

Hi BlueBird

I started writing you a response on my phone, hit "post" by accident, then hit "cancel" cause I wasn't finished and now I don't know what happened to the post! It might appear but just ignore it. What I wanted to say is this ...

I think you are right to move out of that workplace to protect your health. This must be your top priority. But I agree, it isn't fair that you could end up financially disadvantaged by losing your long service leave. Couple of thoughts:

Check if you are entitled to pro rata long service leave in your state. The financial implications of leaving now might not be as bad as you think.

Consider having another chat with HR. I would set the scene by explaining you now feel you are being ostracised (another form of bullying) and are effectively being punished for lodging a complaint. The rationale being that you have been disadvantaged by the change in your role. You need to explain that this is further impacting your health. You could then put your hand up for voluntary redundancy.

If HR is smart they will realise redundancy is probably the more cost effective way to manage you, as compared to a potential WC claim. Psychological injury claims are very costly for employers (I'm pretty sure the most costly). If not, or if there are no packages available, then I would seriously consider the WC path.

This is because you have a genuine workplace injury and you are entitled to it. Forget the judgement from others, this is your right. From what you've said in your posts, you have a strong claim. In addition, if you're not feeling well you may find it challenging to land another role quickly (this is why a package would be very helpful). You also don't know how long your mental health condition will impact you.

At the end of the day it's up to you. Do you have a trusted senior contact within the bank to talk to about this? I'm asking because it would be good to bounce your next move off a person like that because they will understand the workplace culture better than me.

Has anyone lodged a workcover claim for bullying?

BIueBird — Thu, 18 Jul 2019 06:36:47 GMT

Hi Rose

unfortunately I don’t trust anyone enough anymore but I had an appointment with a psychologist today which although was extremely hard it was helpful.

She believes I have PTSD and I have decided to go down the workcover path as I need to put me first for a change and in order to heal I believe I need to see this through.

Thank you you so much for taking the time to read and respond to my post I really appreciate it

Has anyone lodged a workcover claim for bullying?

Summer Rose — Thu, 18 Jul 2019 06:53:39 GMT

Hi BlueBird

I think you have made a thoughtful and well considered decision.

You have a strong, legitimate claim and it's your right.

Post any time as you move through the process.

Kind thoughts to you

Has anyone lodged a workcover claim for bullying?

BIueBird — Fri, 04 Oct 2019 09:02:18 GMT

Update on my situation: it has taken my workplace 60days to make a decision on my claim which they have rejected. I feel gutted by this, so upset and disappointed that they won’t take responsibility.

The reason for rejecting the claim is they feel my current diagnoses is a result of previous issues (DV suffered from my ex husband) that I sought treatment for.

i have 30 days to appeal but I don’t what to do

Has anyone lodged a workcover claim for bullying?

Summer Rose — Fri, 04 Oct 2019 11:03:54 GMT

Hi Bluebird

I'm very sorry to hear that your claim was dennied. I can imagine you are very frustrated and disappointed. I can't tell you what to do because every case is different but I can share some general personal knowledge of the systemcin my state, as this may help you get your head around the next steps.

It will be your employer's insurance company that has dennied your claim, not your employer. Sounds like this was done on medical grounds but it would be good for you to know if the insurer accepts the bullying occurred. If they do, you are half way there.

You should receive a letter from the insurer fully explaining the decision and outlining the appeal process. You also have the right to contact the insurer (there will be a claims officer assigned to your claim) and ask any questions that you may have. You can also request a copy of your file.

I would show the letter to your GP and see what he/she thinks. Your GP may be willing to challenge the decision (GPs have a lot of influence in the system) and may have been through a similiar situation in the past.

If you appeal, from my experience, there will be a conciliation meeting. It could be several weeks before this happens.

I have been to these types of conciliation meetings. The employer and their insurer can be there, you and a support person (generally not a lawyer) and an independent adjudicator.

Anything can happen at these meetings and small offers to settle the matter from employers can be made. It will depend on how strong their case is.

If no agreement can be reached a genuine dispute notice will be issued, which gives you access to the court system. This can take years. But again, only from my experience, often matters are settled on the steps of the courthouse.

Every case is different. If it were me, I would talk to my GP and a lawyer before making a decision. Then I would weigh this advice against the potential harm of a long battle to my health.

I hope this makes sense. Happy to keep talking.

Kind thoughts to you

Has anyone lodged a workcover claim for bullying?

Evelyn19 — Thu, 10 Oct 2019 00:45:08 GMT

Hi Bluebird,

My heart truly goes out to you, I've been there...... I worked in Corrective Services when my career was destroyed by bullying. There were posters everywhere saying "Bullying will not be tolerated !!", but the truth is bullying is tolerated and not only that, the perpetrators are protected by managerial psychopaths, as soon as you put your hand up and report someone's bullying you, you may as well kiss your career goodbye.

It's virtually impossible to get a claim accepted for a 'psychological injury'. The whole process ends up being as traumatising as the bullying itself !!

I lost everything, my house, car, mental health, dignity, confidence, homeless.......still haven't been able to work on 5 years later, no on the DSP (thank God) and living in public housing, but those past 5 years nearly ended me !!

I send you a virtual hug

Has anyone lodged a workcover claim for bullying?

Summer Rose — Thu, 10 Oct 2019 09:51:42 GMT

Hi Evelyn and wave to others

I felt really sad reading your story; you've certainly been through a lot. I'm so sorry that the system let you down so badly.

What's amazing about you is that, despite everything material that you have lost and the pain you have experienced, you still have the strength and compassion to help others. Thank you so much for sharing.

Kind thoughts to you

Has anyone lodged a workcover claim for bullying?

BIueBird — Thu, 10 Oct 2019 23:36:38 GMT

I’m going to appeal the decision, it’s time workplaces took accountability for their actions. I will never be able to move on until this happens.

If the appeal gets declined I will then engage legal counsel and consider media involvement, what happened to me is not ok and I’m learning that I matter.

Has anyone lodged a workcover claim for bullying?

Summer Rose — Fri, 11 Oct 2019 11:44:14 GMT

Hi BlueBird

Okay. Decision made. Good on you.

Just a suggestion... it might pay to consult a lawyer pre-appeal. If you do receive an offer on appeal it might help to consider it through a big picture legal lense.

Kind thoughts to you