Printed From: AussieLegal
Category: Employment Law, Compensation Law, Negligence
Forum Name: Discrimination, Unfair Dismissal, Asbestos, Negligence
Printed Date: 17/January/2019 at 16:41
Topic: Workcover negligence
Posted By: Frustrated78
Subject: Workcover negligence
Date Posted: 25/January/2018 at 16:34
Hi all, I have an issue that I really need a fix to after negligence by a workcover insurer has put me in an extremely difficult situation....Firstly I'll say I have Autism...on the high functioning end of the spectrum but I also have an Anxiety disorder that has made life difficult to say the least....
I'm receiving workers comp for this and there has never been an argument from Worksafe, doctors or the insurer that this condition effects my life fairly substantially....
Unfortunately for me the worksafe insurance company EML for the last 18 months have systematically messed with me....cutting off payments with no reason but "oops" for up to a month at a time, multiple times, while ignoring me and giving me excuses I can prove via email correspondence is a lie...
These stalling of payments has made life beyond difficult and I cannot fix it unless EML help me do it... This has been happening regularly since day 1 no matter how much I complain and the lies Ive been told tells me its purposeful...no business could be that badly run...Worcover completely ignored my complaint for the most part and took EML lies over my email proof....
The stalling of my payments have not only made it so myself and my Autistic son have had to go without food but has decimated my rental reference and actually caused massive arguments with my current landlord to the point I have no reference any more and I have to be out of my rental home in 12 weeks....
I've been trying to get a rental place now to get out of here since the arguments with my landlord started in April 2017 but because my landlord wont give me a reference now I'm in a really bad situation caused by EML that could not only make me, my son and 2 dogs homeless with no support network but is effectively making my condition 10x worse..
All I want from EML is to help me apply for another rental...just apply..not pay....But EML have not acknowledged my request at all...they are ignoring me....blatantly and obviously ignoring that I'm even asking them to help...I assume this is a legal thing to avoid admitting fault
When I threatened to tell the ombudsman they reluctantly gave me a letter that really doesnt make it any easier to get another rental because it still makes it look as though getting rent on time will be an issue.....EML have left me in a life shattering limbo that I need to fix asap or wind up on the street
I feel pretty helpless because the only people I could find to "help" are the ombudsman and from what Ive read they usually side with the government agency being complained about and the process could take a long time....I dont have time to wait.
My complaint is now in process but what I need to know is....Is there anything legally I can do to force EML to help me fix the rental issue they caused?.....I also have proof that the rehab firm they hired tried to get me back to work completely misrepresented me to lower my compensation once realised how bad my condition is....I have text messages and emailed proof to back me up and the insurer refuse to acknowledge that also....I have emails that back up my whole story that shws EML and the rehab firm actively lying to me but I dont honestly know where to go from here
They dont even talk to me now....they dont ask me about treatments and they just keep paying me weekly payments that even up till dec were being stalled... My 130 weeks on compo are finished on Oct 20....It scares me that they'll boot me from payments for whatever reason and I'll be stuck with all the issues they caused me but with no help to fix it......Is there anything I can do to force them?....I also applied for Impairment benefits in may last year to help fix the issue but despite it being a max 3 month wait for that to be decided they are stalling it now 10 months after I filed my claim and ignore my requests for nfo on that too....I have a bad feeling I'm about to be screwed....Any advice?
Posted By: citizen-joe
Date Posted: 27/January/2018 at 07:49
I have observed that posts with a long and complex narrative often do not receive a reply, probably because the reader has (as I have) become confused.
Any chance of another post where you just give the salient facts and outline a succinct request for assistance? The reader can then always look back at the original post if they need more information.
Posted By: Frustrated78
Date Posted: 07/February/2018 at 23:25
Thanks for the tip Joe.....Thing is that I think the issue has solved itself because I have literally been left with no option but to be non compliant with the insurer.....And unless i've run into an alternate dimension I cant be held responsible no matter how they twist the story....Its a fun position to be in I can tell you....I feel a little mischievous to say the least..
Its a messed up situation where multiple documented mistakes made by the insurer has bottle necked my life and led to me being borderline homeless with a ruined reference as well as with no licence and no money to drive the long distances they require me to travel for IME appointments etc (last 3 trips i paid for and it took 4 weeks to reimburse me) ...they have caused me more hardship than the workplace injury
Through a series of stupidly effective mistakes they painted me into a corner where its literally impossible for me to comply with anything they ask me for at least 6 months...only 9 months from now til my 130 weeks are done..They are showing their hand that they have no clue how to proceed because they've stuck me in a bad situation that they cant blame me for...because they caused it....and I cant move forward with any form of treatment(its a 100% knockout for my employment chances) till they fix it but they're refusing and are telling me to "not worry about it"....
unfortunately for them I cant drop it and its actually making my condition worse...there are only 2 things that can legally happen from here from what I've read.....either the insurer help fix the issue they caused(they wont) or they have to fight me on the argument that an issue they caused is making me non compliant....in which case I dare say they'll be forced to pay me out....I cant be blamed for their errors....unless its opposite day
Ive been telling them for months to fix it or leave me alone but just today straight forward told them I can no longer comply with them and told them to proceed in the 3 step dealy to halt my payments if they feel I'm not right....no answer.....I havnt been compliant since april last year when the issue they caused became apparent though so either they dont mind giving me money or they just dont know how to handle this.....they are eerily quiet considering i'm being a pain in their butt...they're shutting up and paying me on time now so thats more than I was getting when I was being compliant....ironic.
I have more than enough proof ive done nothing wrong and that I have no choice but to be non compliant for no reason than a situation that the insurer caused but is unable to fix without admitting fault, which they refuse to do despite massive amounts of proof....It feels weird to be on the winning end of a battle with an insurer and not even have legal help....If the insurer could they would have smite me down a year ago...but theyve proven they either cant or dont know how to.....or they for some reason put up with me talking smack to them just for sh!ts and giggles.
if the judge is impartial and has their eyes open I'm not going to look like the bad guy.....If I'm not right I should have my first warning from the insurer by friday....ive left them no other choice but to cut my weeklys....
All they've said for 6+ months is for me to drop the subject and continue to threaten to cut my money....but thing is that the issues they have caused to my life are major...stuff that cant be ignored and even the dept of justice are kind of a witness to it all(the reason my licence has been effected) they cant understand at the insurer that its a huge thing that I cant just drop....I';ll know soon if I'm correct about the situation....but looks like I cant lose in the long run...just suffer a bit in the next 9 months if they drag it out