Hi TF

That's a bad situation to be in. I hope you recover quickly.

WorkCover Qld can be very difficult to work with. My union spends an awful amount of time and money on WorkCover claims for members. It's a very complicated process that IS NOT claimant friendly. If they get to the satge of an offer, they will ALWAYS 'low ball' you.

If you aren't a union member, get a good lawyer with experience in the field. There is an appeal process, to another govt body (QComp) and they're even worse. Lawyer again!

In terms of the third party (insurance) claim, I'd say go for it.

Yes, there will be people that will rag you for it, but you have to protect yourself. Just use the money wisely, don't p*ss it up the wall.

Good luck and I hope you get better more importantly than anything else.

 

bad new mate, hope you are ok.

We are going through a work injury with the misses . My advice to you regardless of what you try to achieve is to record all conversations, take as many pics of things associated with the acco as you can whle you can before the employer changes with things.
All the note taking now will make it alot easier and less stressfull later,No matter what you try and do.
If it was me, esp after seeing how a few things work first hand, would be to use compo to full extent without riding the gravy train, and making sure you get what you can.
I reckon If anyone rags you, they prob are a bad employer or insurance mob. Its a nasty road to be on , but you need to remember you will live to a miserable old age,esp if you have an ex wife, and life does cost money

The mrs injury should set up us for life, But i tell you its fark all of a life when you have to give up a **** load without even adding in the mental and emotional side of things. We'd trade it all in a heartbeat to be they way we used to be.

This all reminds me again to join the TWU. too many benifits even though im only a farmer these days and drive occasionally.

Best of luck and chin up. Try and keep the depression at bay, It nearly ruined both of us.

 

^^^as the above men have said^^^

You smashed your spine FFS! No. Somebody else smashed your spine. How old are you? How long will you have to live with the ongoing issues? Also how much tax have you paid to this point? I hate comp bludgers but thank fark it's there for when it's needed!!!

 

Very well and succinctly put. Yes, it p*sses us ALL off when we see people bludging off the compo system but like so many other systems it's a great (and necessary) system when we need to use it.

And as MK nut said, unions usually have a great deal of expertise with compo systems and the claims officers won't waste time once an experienced union gets involved saving a lot of valuable time. Also, if your boss has an EAS (Employmant Assistance Scheme - free counselling for employees and their families) use it.

 

Im going through a third party claim at the moment. I was tboned by this turkey and smashed my hip, was in a wheelchair for a month and still having problems nearly 18months on . I move around like an old lady at times at 19 lol Subsequently, my injury has caused me to loose my apprenticeship and therefore the only income for mum and I

I think the stigma that comes with getting a compensation claim is caused by the people who claim on fraud claims and make the few bumps and bruises into a life and death situation. Due to this it seems as though when you are speaking to people and they hear the words insurance claim they seem to run a mile... which makes it difficult when trying to get your health and life back on track.

So yeah, the compensation is there for a reason. And you shouldn't feel guilty about taking it, unless you're being one of the dicks that ruin it for everyone else. Use the money wisely so when your back packs it in later in life, you've used the payout to create a safety net.

 

Jordan! that's intense. . . . . hope it works out for you, and x2 on the speedy recovery.

You couldn't pay me to have my back smashed. think of it this way. . . . say you were perfectly healthy now. . . . . how much would somebody have to pay you to sustain the injury you got? -that's how much you should chase as compensation at least!

 

Document EVERYTHING...and don't assume ANYONE will be fair or do the right thing...

I was employed by Carter Holt Harvey (very well of, enormous company) and had to take up the slack when machinery (automated machine loading equipment) packed up...

I initially refused but was threatened with dismissal if i didn't and the union said it was no big deal and backed the employer...

So a couple of days of this and a sudden wrench to the shoulder and i collapse in pain...(over extension of shoulder caused several ligaments/tendons/muscles (?) to rip or tear)...

Now, as we have ACC (accident compensation corporation) here, the government covers everything (at the lowest cost they can get away with)...

Also, due to CHH being arseholes, they refused to allow me to come back to work in a 'light duties' capacity so i ended up on ACC minimum compo, 80% of base pay for a month or two, then approx$280 a week...(at the time, i was usually working Shift and 12 hours bringing home $600 in the hand, but base pay was only $400) so basically a 50% pay cut.

This went on for a year, while my employer argued with ACC about surgery (they didn't want it to happen as it would then go down on the books as being a serious work incident)...ACC were more interested in working with the company than FOR ME and i finally got my corrective surgery about 15 months after initial injury...

Returned to work with surgeon's and doctor's recommendations of 3 months light duties to let it heal properly, but forced to go back to old job within the week (same threat of dismissal if not, and union completely useless).

Fired 3 months later (after i filed a grievance against CHH on the treatment i had suffered and the neglect of doctor and surgeon's recommendations for return to work practices) after a 'temp worker' made a "sexual harassment" complaint which netted "HIM" with a full time job, and me loosing my house due to having no money...

Now, i STILL get pain and lack of movement in the shoulder, even 18 years latter...

In fact, as i'm typing this, my left (was left shoulder) hand is going numb again...

So, FUK those who think it's all about greedy bludgers, and GET EVERYTHING YOU CAN!

If only i could have gotten one, i may not have lost my house, spent several years unemployed or had to start a whole new line of employment....

 

im not gonna say to much,

but from being semi in that feild / rehabilitation / work programs ect... take everything you can, and demand as much as you can. at the end of the day, it will be a mear less then 15% over your expected working life that you could have earned.

i hope you all the well, and a speedy recovery. and regardless of how much it hurts, make sure you stick with your rehab process. that would be the most major important peice of advice.


food for thought,
have your laywer, fight to keep you employed with the company that you had the accident with for the next 10 years. make them pay for your retraining for an office/corperate position.

 

Get every cent u can Get u are going to have major back pains problems is years to come

Help u recover well

Sent from my HTC Velocity 4G using Tapatalk 2

 

Thanks fellas, appreciate the encouragement.

Yeh it's one of those things that's a real game changer isn't it! One minute you're out working on a sunday arvo, the next your in the back of an RFDS plane and wondering what's going to happen with your future!

I am very thankful that I have a great employer who has been really supportive throughout all this so far. They immediately got the work cover stuff sorted and started thinking about how it's going to look when I am able to go back to work on light duties.

Like I said, the money was never something I thought about; I was happy enough for Work Cover to pay my wage (even though it's reduced) and medical expenses. But i'm only 24 so there's at least (hopefully) 40 good years of working life in me yet. This would amount to a serious loss of income if say I could only ever operate at 60% of my previous ability. It was certainly something I had never considered until I had spoken to a lawyer and is now a very real thing.

Also it's unfortunate that we live in a world where if you even tell a future employer that you've got a back injury or had a work cover claim, you won't get the Job!

My lawyer thinks it could be a three year process so I just have to decide if I can be bothered f'ing around for that time before I can move on. but I spose when it's my future finances involved i can't not!

Whatever I did get I would certainly be investing it... that's the point of it anyways. I'd see a financial planner or something.

Just as a side topic of interest, what are the best investments for long term stuff like that? I don't know anything about money ha.

Cheers again guys.

TF

 

TF,

3 years might seem long now, but in 30 years, 3 years would be nothing. stick with the process. its not about trying to get rich at someone elese expences here, its about your future and those next 30 years.

as to investments ect, get yourself a good finincal planner. term deposits/inueitys are good, how ever if you are looking at long term, i would be looking towards realestate, providing you do it right and take the advice, your returns will be much greater then getting interest from a bank.


and take the advice on what you should do to return to work, how ever, also look at the situation in hand as well, and start early ect.

you seem very alright with using the laptop at the moment, look at study, ie TAFE or a degree.

look at this situation as a positive, its giving you the opportinuity to be able to get that study to become that 'boss' and have a nice comfy job and earn big bucks.


keep us updated with your progress tho mate, be good to hear how it all pans out.

 

Ok, long story short I worked in CTP claims for 6/7 years and have been in workers' comp for the past 7 years (regulator not workcover) if you guys have any specific questions, feel free to message me and I'll answer whatever you need, I'd rather not post info in a public format....

 

Most people you deal with (workcover) are puppets and your a number, never let them get to you, there job (part of it) is for you to tell them to shove it where the sun dont shine, and then its bye bye.Keep every document, email case managers, rehab providers, keep all emails as drafts, Sit back for the long haul and dont let the depression get ya!!! Complain if you get sent to one of there doctors and is totally full of it. There out there and get paid heaps to be a henchman for the insurance company's. One i saw said i didnt even have surgery and workcover paid for two lots of surgery. ( go figure) I was straight onto him with emails and complaints, and my Lawyer will be taking it further. Im'e in my 6th year of dealing with these puppets. Main thing , dont let them take you down.

 

Also dont forget: any house work you have trouble with, gardening, mowing lawns etc. Projects around the house you cant do now, get onto your case manager as they will/have to help you out. eg: Jims mowing etc.

 

Lots of good advice already but heres my 2c worth anyway...

If you're in pain and you can't do the things you used to do and it lasts for 6 months or more, you're probably going to get into depression territory. It's pretty hard not to. Talk to your GP and come up with a plan to recognize it and then take what ever steps are appropriate. The tab should be picked up by the insurance people. It needs to be dealt with because it can really mess up your life and slow your recovery.

You dont have to get screwed by the work cover people either. If they're stuffing you around simply because they can write to them and ask for your case to be handled by someone more senior. If that doesn't work, go to your local MP. Make him or her earn their pay!

At your age you're supposed to feel invincible. It sucks big time to find out you're not.

But you get through it.

Good luck with the recovery. You do have your age on your side and you're in the best place in the world to get treatment.

 

M8, I did workers comp for 23 years in almost every role (including a claim...) and I agree with the advice you've already had.

But, and this is a big but, watch your lawyers. They charge an unbelievable amount and if you go for a common law claim, make sure you find out up front how much they are going to charge.

If you want to PM me, feel free. Happy to chat.

And keep your chin up. It's way too easy to get into the invalid role and once in, it's flaming hard to get out of it....

 

Been there, done that.

I was involved in a motor vehicle accident on my way to work. Claimed through both work cover and ctp. Work cover looked after my income while i was off work (2 months) and immediate medical expenses. When I got the ctp payout a few years later i had to pay back the work cover costs and i got to keep the rest after my solcitor was paid.

You would be best to go the same route, ctp takes a long time to sort out as they need to be able to establish the long term effects of your injuries, which can't really be done untill they have healed as well as they are going to. Workcover will look after you in the short term till you can get back to work.

 

Thanks for your advice everyone.

Thanks Kit, that's pretty much the pathway i'm heading at the moment.
Do you think that all the mucking around in the interim was worth it?

Id love to hear more about your situation and maybe figures and stuff if you wouldn't mind sharing with me in a PM.

I had an hour and a half phone conversation with my Lawyer today just discussing my options etc. etc. He is going to send me a fee structure that I will go over with a fine tooth comb. But he explained to me that there is a No Win No Fee policy at their firm and also there is a qld law that protects the consumer and states that the lawyer isn't allowed to charge more than %50 of the payout. Which will be handy if the damages compensation is less than expected.

Cheers again fellas,

TF

 

TF,,, Stay way CLEAR off NO WIN NO FEE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! This is my Opinion , I looked at about 4 Lawyers fee sheets and basically If you take the No Win No Fee They Double there fee's!!!!!! if you win!!!!!! Pffffft 50% of payout!!! basically there just telling you thats what there taking!!!!!!!!!!! . A lawyer should take no more than 20% , well in my case and he's done a hell of alot of work, The first payment he took about 12% and the next phase he said would be less as all the work is done.In S.A. the law states they are not allowed to work on a percentage anyway!!!!! Id'e be looking into that!!!!!!!!!

 

My son went through this 10 years ago, and got screwed, came down to the Fwit from the compo joint, 5 years to resolve and multiple surgeries to an uhrealistic payout which he would have rather not had in favour of his medical been looked after for the related injuries.

as been said document and demand everything and don't do anything to add to or aggrevate your injuries

Hope all turns out well health wise atleast

 

Thanks for the advice JEFF.... that's why I come to places like this because I have obviously never done this before etc.

I will make sure to really closely look at the paperwork he gives me before signing anything and might even scope out a couple of other lawyers too.

Cheers!


TF

 

Also Just my opinion, dont go with a large firm where they will more than likely give your case to a junior partner or you see a senior but really an apprentice so to speak will be handling your case in the back ground, hence missing stuff!!!! I have a Lawyer where's there is two in the practice , Both in there late 40's. You want to have him on and say isn't no win no fee meaning you charge more and see what his re-action is.Just my opinion mate, and wish you all the best and one thing i done was expect fluk all, and keep that in your head, and DONT get into that crunt of a hole of depression and never give up. Stay one step ahead of everyone INCLUDING your lawyer!!!!!!!

 

Jordy, horrible news mate. Regardless of all the other stuff, I hope you recover quickly with minimal long term issues. I think the advice (and support) from others on here great. I can't offer you much help from down here in Adelaide, but if you are ever back home lets catch up. I've got an excellent contact in the financial game down here who is a straight up, no bull***** type and I trust him 100%. If you get some $$$ he is well worth talking to. All the best mate and like others have said keep your spirits up and don't let this drag you down - prepare for the long haul and persist.