Workplace injury horrible rehab Comcare invalidity - can anyone help please?

[Jo999]

I have a psychological claim with Comcare that has been going on for years. I want to get away from them and out of the system, but they (and my awful employer) keep hounding me and sending me for multiple psychiatric exams and IMEs. They will not find me a job, will not give me a redundancy and will not put me forward for medical invalidity. I am just kept in constant limbo. The rehab consultants ignore all the medical advice and have not been able to find me a job. I have found the rehabilitation consultants to be the most useless nastiest pieces of work. They act like policemen telling me everyday to call up friends and beg for a job. They told me to do charity begging work even though I have poor social skills and anxiety. I am unable to approach people and beg for money. After 10 years of this ongoing crap, I am very unwell and don't know what to do anymore. Comcare said if I try to challenge anything or don't do what they say, they can go back and raise a debt against me for 10 years of payments (hundreds of thousands of dollars) so I am in a nightmare with no way out. Has anyone been through this? Can anyone offer advice or assistance as I need help. My anxiety is extreme and my doctor has prescribed sleeping pills to help me sleep as I lie away all night worrying. I am likely to end up jobless, cut off all benefits, and homeless, and the thought just makes me cry.

[Kellie]

Hi Imhuman2,

I should let you know that I am speaking directly from my own experience. 

In answer to your questions:

1) I think there are a number of ways a claim can be closed. For example, if you return to work and are doing the same or more than pre-injury hours and this is sustained and considered a successful return to work, then the claim may be closed. However, often mental health injuries are considered episodic and if there is a re-emergence of symptoms (related to the compensable condition) impacting the new work, then the claim may be able to be re-opened/continued (though in my experience this is not a simple process). I'm sure there are other situations where a claim can be closed, but I am trying to be specific to your situation. Please feel free to ask further questions. 

2) I was in the same position where I was told I could not go back to my previous role and no new role was provided. There is a list that Comcare/Rehab Provider try to work through, which is something like this:

- same role, same workplace;

- new role, same workplace;

- same role, new workplace;

- new role, new workplace;

- vocational retraining.

As far as I am aware, incapacity payments do not stop whilst you have a compensable condition that prevents you from returning to your pre-injury hours. I think after 45 weeks the amount is reduced to 75% of your mornal weekly earnings, but you mentioned your claim was accepted a year ago so you are likely aware of this already.

I hope these answers are of assistance. Please feel free to ask more questions and happy to chat further if you would like.

[Imhuman2]

Hi Kellie,
Thank you for your response, it's helpful. Sorry I wasn't able to write earlier. 
You have mentioned that you are medically retired. Did you go down the path of putting a claim for damages via a lawyer?

Regards

[Kellie]

Hi Imhuman2,

I'm glad you found my response helpful. 

I did not go down the path of putting a claim in for damages via a lawyer. The advice I received from a law firm in Canberra was that it is best to use the Comcare system v's suing for damages with a lawyer. According to these lawyers, suing does not provide a better result. This was in 2015 and things may have changed. 

As a side note, I somewhat regret applying for medical retirement as now I have no access to rehabilitation services and I could have retired later on a higher income (superannuation continues to accrue whilst receiving Comcare payments and superannaution is how final pensions are calculated). Of course, I did not know any of this information prior to being medically retired. Also, I was really only doing it to try and escape Comcare and the intense stress they place people under, which ironically did not eventuate and they are still part of my life. In hindsight, for me, I feel it may have been better to continue trying to return to work with assistance from a rehab provider. 

Apologies for my long message!

Kind regards

[Imhuman2]

I appreciate all the help you have provided, Kellie. Your help has been invaluable in clarifying my doubts and guiding me on the next steps to take. I feel fortunate to have Comcare's support and their positive case decisions have not only shielded me from harassment and bullying at work, but have also prevented further damage to my mental health. However, my current workplace is causing me a lot of pain. 
It's sad to hear what happened with you. I hope things get better for you. I will reach out to you again, if I have more questions. I hope you won't mind me hassling you.
Regards

[Kellie]

I'm happy that you found the information I provided valuable 🙂

I hope things improve with your current workplace. Feel free to reach out at any time.

Thank you for your kind words.

Kind regards

[Private]

Hi, sorry to hear about what you have been through have you considered changing your rehab consultants and sourcing your own one that you feel more comfortable with

[Kellie]

Hi Private,

Thanks for your message.

I am not sure if your message was for me, but I am going to answer anyway 🙂

Once a person is medically retired Comcare do not provide further rehabilitation services. So my last rehab consultant was assisting me in 2014. I have thought about sourcing a rehab consultant, however, the cost would, unfortunately, be prohibitive for me. 

[Guest_71720230]

It seems to be a nightmare just to get your lodgement taken seriously in the first place. I am referring to the fact that someone received severe psychological abuse from their manager which ultimately led to their termination. They have supplied oodles of evidence but the insurance company always finds a way to discredit their evidence & general argument within their application. Now they have to go to the tribunal. Has anyone had any experience with Administrative Reviews Tribunal?

[section19src]

Yea, Tribunal is ok.

[Guest_10796157]

Hello, I have been searching for so long for others who are navigating the Comcare system. I thought I was alone!!!! So glad I found this forum. Thanks for sharing.

How do you cope with the emotional rollercoaster whilst also trying to work on your mental health? 

The AAT process was huge for me. The delays, assessments, more assessments, attempting to negotiate timeframes when the decision was about liability and requesting medical records from anyone they could. It emotionally broke me! My solicitor had no urgency and the other party delayed everything possible. I waa constantely being retraumatised going from assessmment to assessment with no treatment.

Tips: Having emotional support and speaking up to move the process along is important. If you choose a solictor keep onto them.... check the reviews of the IME doctor before going so you have an idea about them. Be aware your entire medical history will be out there. Although it was hard and scary at times- I stick by my decision to go to the AAT. 

Once liability was determined the delays have continued and the pushback on required treatment. Like others I am at the point of not being able to return to my role and looking at what is next. I just want to be better but keep getting pushbacks.