Current wait times confirmed by WC-Assist & WCIRS.
WIC: 6 months to get to conciliation.
WCIRS: 2 weeks to review/accept, 3-6 months for a decision.
That’s right! Get ready for your initial period to be wiped out before you’ve even been approved.
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.
I recently lodged a WorkCover claim for a diagnosed psychological injury brought on by an absolutely unmanageable workload surge after half our team resigned. My claim was just rejected by the agent. The rejection letter explicitly uses the wording from the modernised Act, claiming that my stress was caused by "events that are considered usual or typical and reasonably expected to occur in the course of duties." How on earth are workers supposed to prove that toxic management and extreme understaffing aren't "normal" workplace expectations? If you successfully overturned a rejection like this at the Workplace Injury Commission, what evidence did you need?
The uncertainty, waiting and back-and-forth can be exhausting. Not just physically recovering but mentally too. How did you deal with it?
[deleted]
The AEU recently highlighted how the strict 2024 modernisation laws are causing a massive wave of mental injury rejections because stress is routinely classified as "usual or typical" for our roles. However, they noted that claims are still valid if the root cause is distinct workplace bullying or harassment. If your initial psychological claim was knocked back as standard "workload stress," did you manage to get it overturned at the Workplace Injury Commission (WIC) by providing specific diaries of management harassment? How high is the burden of proof to shift the agent's definition away from "typical stress"?
I have prolonged concussion, what WPI can I expect?
I have constant head aches, nausea, dizziness, forgetfulness, always fatigued, struggle to sleep, unable to exercise, mood swings, basic tasks are overwhelming
Thank you for your help in advance
I was on workcover for 3 years and just got terminated. My workcover payments ceased at the 130 week mark but I was still covered by workcover for medical expenses. Does your annual leave and long service leave still accrue when you not working but still employed? I didnt have to use all of my leave last year as I wasn't on centrelink.
Tia
I’m early in the process and already realising there’s a lot nobody explains upfront. I would appreciate any advice people wish they’d heard earlier themselves.
I am rying to understand what’s considered “normal” because timelines seem all over the place online. Did yours move quickly or drag on for ages?
Fighting the good fight against EML at the moment. After one too many “contact us again in 12-18 months” emails from lawyers, I decided to go through the union for the rejection appeal.
One lawyer told me Union Assist is crap though and to go with Workcover Assist.
Can anyone shed some light on their experience going through their union?
Hi All, I was on Performance Implementation Plan due to some issues when I met with an accident at work place. I was in the kitchen where I felt down and injured my legs and back. Now it is even affecting my psychological health due to stress and anxiety. I have full details of physical injury on my certificate of capacity. I applied for my workcover claim which is handled by DXC for me organisation. But I am very much worried, If my claim will be accepted ? Will it affect my performance implementation plan ? Will they target me once I am back from leave ? How is DXC to deal with in physical injury claim ? Thanks
Just wanted to offer some good news and hope to people going through the appeals process. I had a psych injury initially rejected, after the private investigator did some questionable things, my employer undermined the investigation, and managers made false statements. Even though the IME was supportive (and from a notoriously rough IME too). Conciliation did not do much, though the WIC member did prevent my employer from intimidating me and getting access to personal information they might misuse.
WCIRS reviewed the claim including the additional evidence I provided like witness statements. Even though they took the false/defamatory statements from my employer at face value, they still found that the decision wouldn't be upheld in court, and directed the insurer to change the decision. So, it is possible to prove that bullying or discrimination cause injury and that kind of behaviour isn't a "typical workplace stressor".
It's been 9-10 months since the first decision so it's been long and really difficult - financially, mentally, feeling gaslit. Nearly did me in a few times. But some good news at last.
I've also had some good discussions with WorkSafe about the PI's behaviour, in particular the danger they put me in and the inappropriateness of what they included in the circumstance report given my employer could potentially see it. Really recommend you report any overstepping / out of scope surveillance you endure. And OVIC have investigated privacy breaches that have happened through the process, which have been really harmful and also caused safety issues. It doesn't change what's happened, but it's validating to have a Commissioner tell your employer to pull their head in and follow the law.
Just wanted to offer some hope to everyone still battling the system. I didn't have a lawyer, but a fair decision was made in the end anyway.