It’s been a huge few weeks for WorkSafe and injured workers in Victoria.
I’ve always encouraged anyone who contacted me with their frustrations and horrid experiences of being an injured worker in Victoria to call their Ombudsman.
The Ombudsman’s role, as it was explained to me, was to gather complaints and if/when the complaints amounted in one specific matter, the Ombudsman would have reason to report the complaints to our Government and possibly investigate.
Clearly there have been many complaints and the Ombudsman just recently released this report about Worksafe’s ‘oversight’.
After finally gathering myself from the last blow that left Theo and I having to sell our home and start all over again, I resubmitted a 93CD application (that’s an application for part payments). Actually Theo is managing the application as I was unable to navigate the trauma of it all again but I also couldn’t bring myself to accept the insurer and our Government had gobbled up my compensation. Both very difficult when you have a chronic health issue and when you feel you’re being responsible for it but the other parties are trying to bury you instead of help.
I’ve seen the ad, ‘getting back, we’ll get you back, it’s good to be back, get you back, nothing like getting back.’ Hogwash! No one tried to help me get back to work! Nor did they advise us as self employers either!
Worksafe promises alot when they take our insurance premiums.
So, we’ve sent, what’s called a 93CD application to the insurer accompanied with: Continue Reading
The long-awaited meeting takes place, as scheduled, 11 months after my lodgement of a 93cd application.
Theo and I, together with my WorkCover Assist representative met with the Conciliator and K – a rather gruff and insensitive guy who is representing my VWA-appointed Agent. We have not met him before nor to our knowledge has he been involved in managing my claim. From the outset, it was obvious that he would fight against us every inch of the way. You can well imagine that the spirit of conciliation was lost upon him. He offered no apology for his rude behaviour.
If you do not know, conciliation is a voluntary, flexible, confidential and interest based process. The parties seek to reach an amicable settlement of disputes with the assistance of the conciliator, who acts as a neutral third-party (whilst still abiding by the system’s own legislation).
Just to recapitulate, we had raised three important disputed issues for conciliation:
(i) that part payments for my medical expenses were still outstanding;
(ii) that contrary to the “expert” opinion of my Agent, my working capacity was still limited to 15 hours a week and had not improved since the Medical Panel had examined me nor had I shown that I possess any new skills believed to be contributing to this added work capacity;
(iii) that my Agent was claiming that the date they are required to begin any payments is the date from when I “completed” the 93cd application (September 2013), and not the date on which I had actually lodged the application (June 2013). Until I had provided a current Tax return (which was a mandatory requirement and for the ATO is March of the following year), the application remained invalid; furthermore they consider my early June capacity date to be irrelevant. Continue Reading