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Workplace anxiety and workers compensation claim

TentativeSteps
Community Member
Because of the stigma I’ve avoided taking out a claim, having used considerable leave over the years to cope instead, but have bitten the bullet and lodged a claim going back to a recent event (not years but presumably that is helpful to explain what pushed me into a claim) which is well documented. Anyone understand why all I ever read is how difficult claims are because employer always claims it was ‘reasonable management action’ and insurer investigators buy this? Is it standard to be rejected to simply be pushed into an apparent toothless tiger conciliation and therefore the courts disregarding model litigant requirement and knowing employee cannot live without a wage? Have read Ombudsman reports wanting to have insurers improve their actions but has anything improved other than immediate reasonable medical costs being paid to start recuperating?
14 Replies 14

It's been many years since I've worked in that industry and a solicitor will advise on who and who not to engage with. Once represented you can refuse any contact for anyone so is less stressful.

WC is complicated. Best always to get legal representation.

TonyWK

Janell
Community Member

Hi, I’m a nurse & new to this forum. I am currently on a weeks sick/stress leave after being bullied & harassed by my boss. She told me after incident in work vehicle (that was accident w no malicious intent) that I owed the company overtime delay I created, if I wasn’t prepared to do the overtime then maybe I should reassess whether or not I was in the right job for me!!! I have been bullied in my job before by a co-worker. My boss knows this and to be bullied by her felt like a slap in the face. The nurses union has advised me to make a worker’s compensation claim for the 32 hours that will be coming out of my accumulated sick leave.
I have never made a worker’s compensation claim and am honestly scared. I do have history if very well managed depression & anxiety.
will a worker’s compensation claim make my work life worse and possibly damage prospects? Further affect my mental health in a negative way?
Compensation for 1 weeks leave? Will it be drawn out and stressful? What should I expect?My boss has quite a list of employees she has bullied & harassed. I feel like I need to make a stand…but this is new ground for me and I’m scared.

Summer Rose
Blue Voices Member
Blue Voices Member

Hi Janell

Welcome to the forum and congratulations on making your first post.

In theory, lodging a wc claim shouldn’t make your work life worse or affect your prospects. It’s your right when injured in the workplace.

However, in the real world, you’re about to allege your boss is a bully. It’s possible she may feel remorseful, but equally possible that she may get her back up.

From my experience managing claims, it could be stressful to you if your employer denies liability and fights the claim. These types of claims can be very costly, so their goal may be to make sure it doesn’t get accepted.

You will also need to jump through a few hoops to prove your injury.

Do you trust the union advisor? Do they have another agenda? Will they support you each step of the way? Just some things to consider.

Kind thoughts to you

white knight
Community Champion
Community Champion

Hi

Thankyou for your post.

As a past WC investigator and I have had 2 WC claims covering my 41 years of working, I can say that my opinion is to avoid WC unless you believe that your injury is a/ permanent or long term and b/ that you are likely to have a lot of time off that wont be covered by sick leave.

WC is a long drawn out and complicated procedure. Having a WC solicitor doesnt insulate you from the beauocracy. Being a qualified nurse might result in you finding work elsewhere unlike some specialty professions.

By all means employ a solicitor if you think you can create a case but I think its throwing money away at this point. I made a stand and was off work for 10 months. My GP refused to release me back to my profession that means seeking another career. So bear that in mind.

Your burning desire to "make a stand" is honourable but sadly that doesnt often result in justice serving you.

TonyWK