Workers Compensation for anxiety

[markrob0]

I was wondering if anyone else is going through Worker's Comp for anxiety/work related stress. My lawyer accepted me on a no win no fee & told me that I have high success rate.

I do security. I had problems with a co-worker. This co worker went ballistic on me over nothing. He was emotionally unstable. He is a Filipino, my wife is a Filipina. As I was walking away from him through the middle of the car park & for all people to hear him as he called me a racist. That arvo, my roster changed & was told that we have to share our rosters. Why should I lose hours? I was doing my best to keep my head down but once they changed the roster, it peeved me off. The next day the client of the site decided he didn't want this co-worker & he was removed. My roster went back to normal. I was told that I wouldn't have to work with him again.

Less than a week, he's back. 2nd day, first thing in the morning, he came up to me, put his finger in my face & said 'you are a  racist even you have a Filipina wife.' I was fuming that my company allowed this to happen - where was the duty of care? I contacted Operations, I was so pissed off I told Ops I'm leaving site under duress to prevent further baiting & provoking. Prior to me working there, two guys had a fight onsite for similar reasons & both lost their jobs. Apparently one was defending himself. What if this guy attacked me & I defended myself? I'd most likely lose my licenses no matter the outcome. ALL OF THIS ON PAPERTRAIL AND A LETTER THAT I WROTE TO THE COMPANY.

I went for a meeting the following Tuesday & was under investigation to be told that I will receive a First and Final written warning & will be placed back on a permanent on call basis, which is what I was did for 3 years prior. I FOUND 18 BREACHES IN MY CONTRACT.

In Mundaring we were placed in the bush, next to the dam to watch a boat. I wasn't shown a toilet. There was no phone reception & no welfare checks. It was winter then & was 2 degrees. 2 days later I found out that they were expecting me to use an outdoor toilet. I MADE COMPLAINTS BY BOTH EMAIL AND PHONE BUT NOTHING WAS FOLLOWED UP - PAPERTRAIL EVIDENCE.

Another site I was removed for complaining about a supervisor who ignored me, and guess what? It was the same manager who gave me the First and Final written warning. I HAVE ON PAPERTRAIL SHOWING THAT SHE IS REMOVING ME FROM SITE BUT NOT BASED ON MY WORK ETHICS.

Can any experienced person give some advise of the process?

Cheers.

[EllieC]

Hey Markrob

I've never personally had to take out a workers comp claim for mental health (touch wood) but my work often brings me into contact with patients who are going through this process.

The biggest advice I would give to anybody in this situation is that managing your anxiety and finding a healthier headspace is THE most important thing to be focusing on. Do whatever you can, on the advice of your lawyer, to help the case to reach the best outcome. But there's a risk of letting it consume your thoughts and that's never helpful. Your mental health is more important. Hopefully you're seeing a good mental health professional who can help you find a way to stay grounded while you navigate the process of lodging a claim.

The second thing I would say is that what happened to you is never okay. It's unfair and sad that your employment ended this way and that you've experienced something that left you angry and anxious. No matter what the outcome of your case is, this shouldn't have happened to you. Make sure you surround yourself with love and support. There are plenty of people who are on your side and want the best for you.

I don't feel I can offer any advice on your legal case here, your lawyer and any medical professionals you're seeing are the ones who are best placed to help because they know your exact circumstances and how the system works much better than I do. I just really wish you luck with your claim, but more importantly I wish you the best on your journey towards getting back to that better place in your life.

Ellie

[markrob0]

Hey Ellie.,

Thank you so much for the supportive response. I'm spending my days while I'm not working to stay busy by writing screenplays, exercising, eating right & mainly trying to focus on good health. The physical side remains stable but the mental side is definitely effected.

Its now 0100am & I'm still awake, can't sleep. The anxiety is a very difficult thing to brush off. My friends, wife & family are giving me tons of support. & are proud of me for taking a stand against a billion dollar world-wide company. I have an amazing GP & seeing a psychologist for treatment.

I just discovered today that my company's insurers have extended themselves by falsifying their legal rights by telling my lawyer that I have 60 days, he believed them when I knew better. I contacted WorkcoverWA & was told the insurers have breached regulations by only having 29 days (not 60 days) & was told to dispute this by filling in a form to set up a mediation.meeting to gain financial assistance which I haven't had for over 40 days. MY annual leave and sick leave ran out weeks ago. & I'm going financial hardship on everything. I'm happy with WorkCovers response because it proves that the insurers are also breaching their regulations which will make my case look stronger.

I have mediation with fairWork coming up which will compensate me for the breaches involving payment issues & back pay for the lost four years so when this happens & my company is found guilty by FairWork, this will also make my case look stronger again. They will be focusing on the 18 breaches that I discovered in my contract.

I have two witnesses from work if it is ever needed. I am still in contact with them & they've agreed to back me up - Whether they actually do or not is a different story but I think it'll be okay.

I believe that I will rest easier once my insurers & company accept liability and responsibility for my condition. Until then, its a constant battle but I am not going to let it get the best of me.

Kindest regards,

Mark XXOO

[blondguy]

Hi Mark

Thankyou for posting and welcome to the forums too

I feel your pain where workers compensation is concerned as I just went through the same 8 years ago.

Ive been working in corporate for a very long time and it can be a spiderweb when it comes to workers comp

Can I ask if you have been diagnosed as suffering anxiety as per your thread title?

You are going through a rough period for sure Rob

To answer your question...the process is complicated and very very draining as you are aware. I was bullied by a National company into resigning as I was suffering from depression/anxiety which they didnt want anything to do with. All the evidence on earth wouldnt have made any difference to the outcome of my workcover claim.

You have every right (as I did) to 'battle' the matter. I had the same mindset but I didnt understand the consequences of my application where my own health was concerned.

I dont blame you for a moment for not being able to sleep Mark. Its just part of the price we pay for standing up for what we believe in.

You are a very determined, focused person who is fortunate to have the support from your family too

I can write pages here about Fairwork and Workers Compensation as I understand the process very well

At this time your health is paramount and all other considerations are secondary

Thankyou for being a part of the Beyond Blue forums Mark

My Best for you

Paul

[markrob0]

G'day Paul. Sorry for the delay. My lawyer contacted me during his time off telling me that I do have 60days waiting period but the insurers have declined which is not uncommon & he'll start butting heads with the insurers starting Monday. Thank you very much for the warm welcome and kind words, I appreciate it.

My case is a little unique. I'm a Full-Time guard who was basically treated as a casual employee. For 4 years I was refused a permanent roster/site because of managers personal impressions that they had of me, they don't like me because I stand up for myself & tell them how it is. I've been moved from site to site with no notice, getting calls at 3am, midnight anytime day or night & if I refused to do a shift due to fatigue management or because the distance was too far, I'd get shift refusal which is hours being taken away from my 76hrs per fortnight.

Next fortnight I was asked to travel from where I live, all the way to a location over an hour away & work a 12hr night shift after finishing a day shift the morning before - I said no because if I did that I wouldn't be sleeping for over 24hrs - they put it down as a shift refusal & told me to get into night mode to work the next night - so I did. The next night I drove to the location an hour away - the job was cancelled so instead of getting my 12hrs I only got 4. Then I was asked on that same night to work the next day, I agreed but was in night mode, called them at 3am telling them that I'm still in night mode & couldn't sleep because I'm in a different pattern. That fortnight I wasn't able to cover my 76hrs - rostering/managers argued with me because I declined to use my own annual/sick leave after asking me to do so to cover the 76hrs pay that they couldn't/wouldn't do for me - I used to call them to ask for hours only to be abused for it so I stopped. EVIDENCE IS ON PAY SLIPS FOR FAIR WORK.

I was patient for another fortnight but the same thing happened & that's when I checked my contract to find the breaches - as you can imagine I was fuming - I was even thinking of going into my HQ with a baseball bat. I called Worksafe who told me to go on Workers Compensation because I told them that my body and mind are confused as to when I should sleep. WorkSafe said they'll take care of it - They didn't but my GP has supported me the whole way as I had high score tests for anxiety. he has 2yrs of records.

I'm taking a stand, even if I fail, I can hold my head up high to let them know they didn't destroy me.

[blondguy]

Hi Mark

Your reasons are the same as mine were. Even though I had no success I had to make a strong point by continuing with the application and thus being able to 'hold my head up high' and stood up for my rights.

Good on you Mark!

Paul

[markrob0]

Thanks again Paul. It is proving to be a very stressful ordeal. I am considering applying for permenant impairment as my trust for companies to do the right thing by employees has completely diminished. Also, Im more sensetive than I used to be so I could easily get frustrated and angry...its buggered me long term now. I am sorry to hear of your previous experience and hope you are doing okay now. You seem like a great guy - I guess this is why it happens to us because we dont fit in the category of the opposite bunch.

[Just Sara]

Hi Mark or is it Rob?

Welcome..

My advice is this.. please try to stop ruminating; it can cripple you. I know this, it's why I'm here. Each situation will be heaped on top of each other which makes for a very difficult emotional time of it when approaching your claim and subsequent actions. 'They' broke me; never worked since...can't. Please note my advice, it comes from experience.

It's all about the paper trail (as you say) and the validity of those signing off on your diagnosis etc. Someone not less than a clinical psychologist using the current National Mental Health Assessment/Diagnosis Handbook. A psychiatrist's good, but both are ideal.

For your own mindset, research Insurance Claims for MH issues. In NSW, no solicitor will touch them with a barge pole now due to new legislation.

If in doubt about meetings with certain people, use a voice recorder. Let them know you'll be recording them for accuracy and continuity of information. If they refuse, politely tell them the you won't be able to go ahead without it.

That investigation interview by a (so called) independent, is the most powerful of all your meetings. Provide as much documented evidence as you can so it can be taken into account during their assessment. More is more!

And, instead of raving about all the problems you've faced, hand them a statement which is to the point (breaches etc) and not emotional or using anecdotal hearsay. Make sure you're given a receipt for it or have them sign it and give you a copy on the spot. Talk if you want, but pull yourself up if you get too over the top. In this instance, less is more.

It's really important you face this as if it were a court case. Emotional outbursts may work in their favour. Lies, pretence and manipulation are key tactics you'll face, so relying on doc's can avoid this.

If you can't prove something with reliable evidentiary support, don't bother. It'll just tie up time better used to address provable issues. If there's a case to answer to, even one, it's worth it to press that direction instead of everything at once. A win is a win!

I get it! My breakdown was just over 3 yrs ago.

Talk less, type more. Don't give them an inch hun.

Go get 'em tiger!

Sez

[blondguy]

Hey Mark

No worries at all and thankyou for posting back too!

I get it and understand what you are going through Mark. I was warned by my doctor not to go ahead with my workcover claim for health reasons...depression/anxiety but I had to make a point to the corporate bullies that I was working for.

Sara just posted above with logic and intellect and she is so right but sometimes its worth making a stand where dignity is self worth is concerned.

Thankyou for your caring post too Mark

This is your thread.....I really hope you can stick around with us....you are more than welcome whenever you have the time

My Best

Paul

[markrob0]

Hi Sara,

I'm sorry to hear of your experience & wish you a speedy recovery. My name is Mark, pleased to meet you & thanks for posting on my thread.

I kind of welcome the ruminating for now. Simply because I'm treating it as consistent bickering to not be forgotten about when its put into use. It's served me well so far. I had a downfall as my insurers denied my claim but my lawyer told me this instantly & said he's started butting heads with them to accept liability.

I saw my GP today & told him which peeved him off because he said the insurers have no grounds to deny as they only have asked & received his notes but never requested a full assessment which is usually the norm. He said they have very little evidence & have proven themselves to be snakes.

When I called my lawyer for the 1st time & gave him my supported documents, he said he'd call me in 1-2 days after receiving them. 3hrs later, he asked when we can meet. I met him that day & he told me I have a high success rate.

I have Fair Work setting up a mediation schedule with my company & myself regarding breaches of contract/pay issues. Imagine being used as a permanent on-call person where you can't plan your life, I did this for over 3yrs to discover that was a breach. I think when I get my compensation from Fair Work, it'd prove valuable for my claim as my anxiety hit me hard around this time - I have proof by paper trail as well. When I didn't meet my 76hrs a fortnight, I was asked to use my own annual/sick leave by rostering & when I declined, they were arguing with me which I shutdown very quickly. I have it on call recording. My lawyer said it can be legally used even if they were unaware they were being recorded because I had a purpose of doing so but we'd be using it as last resort scenario.

I feel that I have enough proof which is why my lawyer took me on so quickly & wouldn't have done so otherwise. The proof mainly has to do with a high/serious lack of duty of care & negligence which is what led me to my condition.

I won't be dealing with my company anymore. From now on, there'll be a third party involved.

There were times in meetings where I wanted to blast my employers for being cruel but always managed to bite my tongue. I have a lawyer now to do the talking for me.

I'm in W.A - My company/insurers are ComCare which is a Federal system. That's why I have 60 day waiting period.

My GP & lawyer support me 100 percent. When I have a downfall, I'm picked up again.

Thanks Sara. XXOO.