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Has anyone lodged a workcover claim for bullying?
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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,
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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
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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
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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
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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.
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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
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