Has anyone been successful with a Return to Work SA claim for anxiety caused by the job?

[Mindful_Momma]

Hi everyone,

Thanks for letting me post on this. I have worked for a great organization for the past 19 months. Even though the org is great, unfortunately, my role with the org is completely unique - wearing 5 different hats in a part time role. Within two weeks of starting, there was a traumatic event that I have not recovered from. The role itself is extremely stressful even without having that traumatic event, and because it is so different from others, my peers and bosses are not compassionate. The bosses only see their specific role and KPIs without considering that I need to keep 5 balls in the air at any one time. They frequently schedule mandatory meetings that overlap or happen out of work hours. It seems like the only time the CEO and my main boss calls is when I am off the clock, and these end up taking an hour or so.

In June, I had my first ever anxiety attack, and it happened at the job in the corporate office which is interstate. I saw a GP who diagnosed the anxiety attack caused by work, and I told my main supervisor about it and what spurred it on. I also asked for support so that I could succeed. He seemed supportive on the outside, and even agreed to pay some of the hours that I was regularly working. The following month, I attended another meeting in the corporate office and had a second anxiety attack after a consultant said to the group that if we weren't in-stride with our jobs that we were going to have physical and mental health problems and ultimately risk death from work. I had developed both anxiety and physical manifestations as a result, and I almost harmed myself accidentally during the meeting.

I escalated the concerns to one of my other bosses about how my role wasn't sustainable, and she said that they had 10 people in the role over the past 12 years and that nobody was successful in the role. I escalated it again to the CEO who said that my wellbeing was the most important and that she accepted by resignation. I DIDN'T RESIGN! My main boss called an hour later and asked for my end date, and I once again said that I didn't resign.

I put in a worker's compensation claim with a law firm and have since had a private investigator call me and have a psychiatric exam next week. I also am seeing a psychologist and my GP regularly. I've bee off work for the past month, and am very anxious about whether the claim will be accepted. Is there a loophole that will make this rejected?

[Croix]

Dear Mindful Momma~

Welcome to the Forum, I'm sure there are many here who have gone though a worker's compensation matter, and I can understand your worry and apprehension over this. After all it is a legal thing, not a matter of common sense.

From your words it would appear to me that you were not working for a great organization at all , quite the opposite in fact.

The do not seem to have followed basic good practice, at least in your case. One should always have one superior, clear lines of responsibility, and refrain from asking employees to conduct further work or contact out of hours. One should also have a detailed duty statement, where anyone can see if the position is a tenable one.

To be told 10 people had failed in the role at roughly one per year simply shows the impossible is being expected. I also find it significant the CEO tried to bully you into resignation, thus making a workers compensation claim that much less likely.

I've no idea about loopholes. What we can do here is offer you support as you go though this nightmare. Do you have anyone you can lean on at the moment, a partner, family or a freind. Having someone on your side that cares -as opposed to being paid - who you can talk frankly with does make matter less hard.

Please let us know how you go

Croix

[Mindful_Momma]

Thanks Croix.

You are correct. They haven't followed basic best practices. Ironically, this is the only state where the best practices aren't followed, and when I brought that up, they said that if I could prove to them that the state was worth investing in, then they would increase resources, and they kept talking about a chicken and egg scenario. When I finally got the additional support, they piled on more responsibilities to my role, so it was a net-zero phenomenon. From what you are saying, does that mean there are companies out there that don't follow this process?

I have a supportive mother, sister, husband and daughter. I haven't shared this info with friends, because my friends are 'work friends' and I don't want to create toxicity in the workplace.

On the positive side, if the claim is rejected, then I can confidently apply for jobs. One thing that I've noticed lately is that jobs ask if you have ever accepted workers compensation and then go on to ask what it was for. If it is rejected, then I can keep the claim 'in the closet' rather than choosing between fibbing and bearing my soul.

I am really hoping that the company will do the right thing. When I set up the meeting internally, it wasn't to offer to leave the organisation. Rather, it was to fix the role so that I could succeed. Thankfully, I have an email trail that I shared which hopefully clarifies that for the investigator. By bringing it up to the CEO through the president, it shined the light on the problem, so they can't claim ignorance in the future, and at the least, hopefully they will pass off the responsibilities to three people instead of setting the new person up for failure.

[Croix]

Dear Mindful Momma~

Thanks for coming back and explaining more. I'm afraid I don't quite understand. You said

Ironically, this is the only state where the best practices aren't
followed, and when I brought that up, they said that if I could prove to
them that the state was worth investing in, then they would increase
resources, and they kept talking about a chicken and egg scenario

Do you mean you work for a company that does follow best practice in other states but thinks the can get away without doing so in your state? A shameful state of affairs.

The fact they kept piling on more duties shows a completely unrealistic attitude, and by the sound of it where they find it cheaper to replace staff than use the correct number. A cynical approach with no regard for employees.

Frankly once this particular mess is sorted I'd be looking elsewhere, there are many companies that do look after their staff.

You can confidently apply for other jobs anyway, even if you win - which you deserve to do. Reputable companies recognize that some others are not and receive claims as a result. If the company you apply to is realistic and of good intent I cannot see how that would be a bar, quite the opposite, it shows a proactive person who can recognize a problem, not bear mistreatment and take whatever action is viable.

I am very glad you have strong personal support, it makes a huge difference not having to face something like this alone

Do you have any idea when the matter might be resolved?

Croix

[Mindful_Momma]

Thanks Croix. It is good to know that other companies look after their staff. I immigrated recently to Australia, so I didn't know if this was a normal behavior in South Australia, which caused even more anxiety. Yesterday, I ran across someone who had this role here in SA 5 people ago, and without prompting, she talked about how she was worked to death and the people before and after her were putting in regular 12-hour days. It was sad to hear about her challenges but good to know that it wasn't just me.

Thank you for telling me that I can confidently apply for other jobs even with this on my record.

On Tuesday, I'm seeing the investigative psychiatrist, and I will be bringing my notes and records. I hear from other people on BeyondBlue that this is the most emotionally exhausting part of the process. I should know the result in 2-3 more weeks. Those weeks will be without pay since I've used up all of my sick and annual leave. Since these cases are often rejected on a technicality, I did not apply for interim benefits.

Yesterday, I got a call from the case worker who said that the company has agreed to mediation, which is a good thing, and should rule out any excuse that the insurance company may have for rejecting the claim from what I can see.

[Croix]

Dear Mindful Momma~

A long time ago I had to go though a similar process, with a Chief Medical Officer, another GP plus 2 psychiatrists all there on behalf of the employer. Yes, it is a grueling and exhausting matter to deal with.

I found 2 things helped. The first being to have someone with me, in my case my partner. I had to request her presence, but it was allowed.

The second was simply to ask for a rest when needed. Provided this in not seen as mere stalling tactics but is due to exhaustion or being mentally triggered -or becoming confused - I did not ever have this denied.

It turned out this bank of doctors came to the conclusion my claim was totally justified and were in agreement with the assessment of my own psychiatrist.

In my case there was no mediation, It was not necessary as the facts were clear cut. As a result I do not know about mediation, however I suspect even here, apart from your own lawyer(s) having someone else there supporting you if allowed would be highly desirable.

Do you have a partner or freind who can do this?

To have to relive all the things that have contributed to your condition by being questioned is hard. I can see the necessity so as to establish the facts however it is not an experience I enjoy looking back on. I do hope your case is quickly resolved.

Knowing in advance what you will accept or refuse is a must.

Not all cases go against the employee.

Please let us know how you go

Croix

[Mindful_Momma]

Thank you so much Croix. You have truly given me quite a bit to think about. I am happy that you were successful with your case. Your story was the first one that I've heard of where it was a positive outcome. I will let you know how it goes. Have a great week.

[Croix]

Der Mindful Momma~

I'm glad you found one positive outcome, I'm sure you will have heard of many that did not turn out so well, after all people do talk about horrible experiences and disasters more than about things going well.

You mentioned there may be an opportunity for mediation. I'd imagine one tack you might take is to try to 'fix' the job you had, with conditions on supervision, work load etc.. I'm not sure that is the way I would go as it would be very easy for the company to slip back into old ways, basically because the job is probably vital to answer multiple company needs.

Do you have an alternative or different aim in mind?

Croix

[Mindful_Momma]

I'm still waiting to hear back from the insurance company about whether they will accept the claim. It will likely be another couple of weeks because they need info from my psychologist and she said that she is very busy right now so it won't happen for at least another week or so.

This has given me plenty of time to think. I've been looking at alternative solutions. I agree with you that even with mediation, I think they will slip back into their old ways. The struggle that I'm having though is that I feel damaged from my current job and want to be sure that I heal before I go back to work anywhere. I don't want to take mistrust into the relationship. The psych is looking into ways to heal the mistrust, but she says that it is caused by the situation rather than being a disorder.

If I have another couple of weeks before getting a determination, I really don't know what to do with all of this time. The house is clean. The garden is ready for Spring, and I've made all of the Christmas presents now. I'm ready to get back to productive work.

[Croix]

Dear Mindful Momma~

Apart from the waiting, which is absolutely horrible, the one thing that I really noticed in your post is that while in just about every respect you are ready for work there is an element of doubt over your own capabilities.

You talk of taking mistrust to a new situation. I'm not sure that is quite the way I would put it.

You have had a bad experience, but it is just that - experience. This means you know what people and organizations are capable of, and may more quickly pick up the signs if you are unfortunate enough to join another sub-standard company.

This doe not me you will not recognize the good aspects of a reasonable company, quite the reverse, you may even appreciate them more.

Your psych is right (even if busy) that the mistrust relates to a bad situation, it is not not a disorder and your natural common sense will propmpt you how to behave and interpret matters.

As for the intervening time, accepted the house is sparkling and the prezzies all wrapped what can you do that you enjoy?

Croix