Legal advice for a migrant worker
I suffered a severe workplace accident resulting in a deep second-degree burn (deep partial-thickness burn), and my claim has been accepted under WorkCover. Following this accident, I found myself homeless because the clients I was working for asked me to leave my accommodation. Without the generosity of a third party, I would have ended up sleeping in my car.
My insurance case manager from the recruitment agency is putting an immense amount of pressure on me to attend their medical appointments, which I have clearly refused twice in writing. Now, they are trying to weaponize my financial insecurity and my precarious housing situation to force me to accept their demands. Due to a lack of financial means, I cannot afford to consult a private lawyer, and they are fully aware of this. I am currently on a visa. I tried to contact workers unions, but they referred me to the Migrant Workers Centre. I have already had an interview and submitted my complete file, and I am currently waiting for their response.
However, my case manager has given me a strict deadline of May 25th to sign an authorization form giving them access to my entire, unrestricted medical history. I understand that they require relevant medical information, but I am currently experiencing severe mental health symptoms due to the trauma. While I am more than willing to let an independent medical examiner review my file, I strongly believe an administrator is not qualified to interpret such sensitive records.
Given that my initial medical certificate was for physical symptoms, the insurer is trying to claim that they can only approve 13 weeks for the psychiatric component. I have been completely transparent about the fact that I have always had psychological vulnerabilities, but my current severe symptoms were directly caused and exacerbated by the physical trauma of the deep second-degree burn and the subsequent loss of my housing. As an autistic individual, the intense sensory overload from this level of physical pain, combined with the sudden loss of my stable environment, has drastically compounded this psychological impact.
I have explicitly brought up the 'eggshell skull' rule under common law, which dictates that the insurer must take the worker as they find them, including any pre-existing vulnerabilities. Despite this, they are sticking to their position. They clearly believe that my financial distress will eventually force me to capitulate to their terms if they threaten to cut off my payments. However, I have thoroughly researched my rights. I am located in the state of Victoria, and I am seeking expert advice and perspective on how to handle this situation before the May 25th deadline.