Help understanding work cover

[Mikkiblu]

Hi there,

Please can someone help me understand how things work when you put in a work cover form at the doctor for reactive depression and anxiety.

My husband has been being severely bullied and verbally abused by a staff member (he's a manager) for about 5 months now. His company told him he wasnt allowed to do anything about this persons behaviour and must have done something to deserve it.

The behaviour is in conjunction with extended fatigue from up to 18 hour days, inadequate days off or meal breaks and with no extra pay. The abusive and physically threatening behaviour got too much and he walked off and took off sick. He has now been to the doctor who put him off for 2 weeks and said he can then put him off for periods of up to a month at a tims after that. The doctor would like to see my husband out of that environment because it is very toxic and damaging.

He is now on 2 antidepressants and sleeping all the time. We have been trying to find another job but he is very down, lost all self esteem and cant make decisions to try figure this out.

How long can he be on work cover and will they make his life hell at the same time? I'm scared because we and our 3 small kids rely soley on his income and our house comes with the job so we are standing to lose everything we have very quickly.

We have been together for 16 years now and he has always been the positive guy with confidence and kindness and drive to do his best. I'm suffering a bit with depression and anxiety too and we have no friends or family in this country or support network. I dont understand the system or know what to do :,(

[meatloaf]

Hi

sorry this is happening....WORKCOVER is an absolute nightmare be prepared. to start your husband will need to have documented all incidents that happened at work. Every meeting, discussion with bosses HR ETC....without it he has zero chance of having a workcover claim accepted.

if he does get workcover be prepared for a very long ugly battle. Sorry to be blunt but I am in my 2 nd year dealing with workcover ...they will do anything to get you back to work. they are parasites.

if you can find my threads have a read so you know what you're in for....also Google 'a workcover victims diary' ...this will give you lots of information.

sorry to be so blunt but it's best to know what you are up against.

good luck...happy to answer any specific questions you have

x

[Mikkiblu]

Hi Meatloaf,

Thanks for the help and resources. We feel very alone and scared, I'm afraid. It all seems so hopeless.

I'm sorry to hear you've had such a hard time.

Thanks again

[meatloaf]

No worries

have you been to a doctor...that's a great start...although it feels like you are alone you're not....also have a free chat with a no win no fee lawyer...they can give you some good advice.

you will go through the whole range of emotions that's normal ...

anytime you just want to unload I'm here for you

xx

[geoff]

hello Mikkiblu, I'm pleased that Meatloaf has replied back to you, because I know it's a very stressful time that will seem to drag on and on.
First'ly I do hope that you have a lawyer, you can't battle any of this by yourself, they will take control and overpower you into finally accepting something you don't agree with.
Follow what Meatloaf has said, and if a claim has been put in, so to speak, then he can look for other work, but attention will be paid on how he is going, whether he is coping or whether he has to give this new job away, simply for the same reasons as before, however if he is getting any payments from this previous job, then gets another job then this will go against him, because W/C will say that he's capable of working now so what's the problem.
When my W/C claim was submitted my lawyer was handling it, but I wasn't getting any weekly payments so I did get a job here and there and ended working for myself, until the claim went to court and then decided on.
W/C insurers tried to keep offering me some money which was a ridiculous amount and I was told by my lawyer to say NO, but you will need all the documents of what has happened and these must be given to your lawyer.
If the case has been accepted it's not going to decided for a couple of years, yes I'm sorry it takes that long, unless you accept an offer, but don't accept weekly payments, because somewhere down the track you will be monitored and judged as to whether these payments need to continue, so accept the full amount if it goes that far. Geoff.

[White_Rose]

Hello Mikkiblu

I can't help you about WorkCover but I do want to tell you about workplace bullying. There are laws against bullying which come the Workplace Health and Safety Act. Look up this legislation and read the definition of bullying. I hope your husband has recorded these incidents, who was there and what was done and said. The company is totally wrong about not being able to do anything about an employee's behaviour.

The company should have policies about bullying but I doubt it in this situation. That doesn't mean they can get away with it as the legislation is quite specific whether or not the company follows the guidelines. I suggest you look up the legislation, collect your notes and write a formal complaint to the company which is responsible in the for their employees behaviour at work. It's called Duty of Care and they are guilty of not looking after your husband's well being at work. Look at this web site. https://www.safeworkaustralia.gov.au/doc/dealing-workplace-bullying-workers-guide It's a government site. You will find heaps of information and ways to make a complaint.

Send the letter recorded delivery so they cannot say it has not been received. Address it to the CEO or equivalent. Your complaint must include all instances of bullying or as much as you can remember. If the complaint is ignored or you are told you cannot do this then you can go to the Fair Work Commission. Look at their web site. https://www.fairwork.gov.au/

This will start the ball rolling. Is your husband a member of a union? If so he can ask for their help.

Best of luck. Keep in touch.

Mary

[Nellym]

Hi,

I am on work cover at the moment and it has been a steep learning curve. First of all, is your husband in a union? If so contact them and they should be able to give you advice. Also, has he been approved for work cover yet? if he is knocked back then you can dispute it too.

He needs to see his doctor for a certificate of capacity form. Mine are filled out every 4 weeks saying that I am unable to work due to anxiety and PTSD. I would suggest also getting him to a psychologist. The psychologist fees should be covered under work cover. But don't wait for work cover, get him to a psychologist and then work cover will then pay you back what you have paid. I suggest a psychologist because it is good to have one that supports him and what he is going through. Once work cover is approved, then a workers compensation company should take it over. I have no real communications through my work, it is all done through workers comp. It is good with the psych. too because my psych. has told them that I am not going back to work for now, and my work cannot do anything about it.

If he is on a work cover claim then I don't think he can be fired. That would be a legal mess for them.

I hope I have helped. If you need any more info please ask. I am not sure what state you are in or if things run differently from one workplace to another but I am here if you need any questions answered.

Nell

[Guest_3712]

Hi Nellym,

Everyone has given you great advice. I was on workcover for over 6 years following a work injury.

Ensure you have a good gp as they will need to fill out a medical assessment- usually monthly.

Endure you document everything - start a diary and note every call visit phone call re case .

keep all receipts to forward Later including for meds, transport if unable to drive.

If claim accepted you will be assigned a case worker whose job it is to get hubby back to work.

In my experience it didn't matter how sick I was it was all about getting back to work . This is where your GP and psychologist come in.

If hubby is unable to work they will say so on certificate and hubby should be paid his normal wage

Thr insurer will require hubby to see their docs 😳IME's and possible RTW agencies over time

It is daunting but your hubby had rights - he is unable to work due to something that happened at work so needs to be compensated .

He also cannot be sacked from employer while on W/ C . He may be asked to return to work on reduced hours or duties in time , but this must be approved by your GP or NTD

Just some personal advice. Hubby needs to get some professional help ASAP - for his depression and anxiety. The longer he is off the horse the harder it is to get back on.

Im fairly sure they no longer do payouts for W/C and even make it harder to get payments unless you reach a certain body impairment %

So get him to embrace and accept any and all help approved and get back out there - he will be better off.

The system is designed to wear you down if you let it .

If I can help with anything else just ask

Stressless

[Boof1]

Just on above comment you can be sacked on work cover.

[Guest_3712]

Hi Boof 1

I take it things aren't going well .

Im guessing hubby was let go because he could no longer do his role at work and / or any suitable duties .

If this is the case is work cover / insurer have a case worker trying to find him work ?

Is he still being paid from insurer if not working?

Stressless