WorkCover questions + advice please

I'll try to write this as short as possible to avoid a wall of text so please excuse the formatting.

  • I was injured at work and decided to go to the doctor a week after the actual injury (because I thought that it would go away on its own). I've missed two shifts to date due to the injury. The doctor gave me a WorkCover form which I filled out. I've never had to do this kind of thing before so the process is completely foreign to me and so I thought this was just the standard procedure.

  • At this stage, I hadn't notified my workplace yet but I was aware that it offered complimentary physio sessions (which is one of the reasons why I decided to go to the doctors in the first place – to get some approval)

  • Doctor gives me a certificate saying what I can do, what I can't do, etc but the terms essentially limit me to no work because I won't be of use to anyone given the restrictions

  • Keep in mind, my aim isn't to get some fat payout – I just want to fix my injury and move on because this isn't a permanent injury.

  • Dr. prints out the form and I bring it back to my manager to talk about it. The certificate pretty much limits me to no work at all so there's a loss in my earnings.

  • My manager says that the doctors get a cut of the compensation if I were to make a successful claim, which could explain one of the reasons why he wanted me to submit a claim in the first place.

  • She also tells me that the limits written on the certificate apply to outside the workplace which means no strenuous activities outside of work, too.

  • She also tells me that receiving some form of compensation may have a negative impact/connotation on my future employability

  • Because the cert essentially stops me from working, my manager would like me to talk to my Dr. and tell him that I'm able to perform some duties (which I can, but prefer not to because I don't want to stress my injury any more). She tells me she can't cancel the claim because it's in the system already (on the doctor's end)

  • My manager and I both agree that it would be preferable to sort this in-house and to receive the physio treatment offered by the company.

My question:

There's an obvious information asymmetry problem here – I don't know what I'm entitled to and what the point of going through WorkCover is if I'm willing to sort this out within the company. Suggestions on what I should do next would be much appreciated.

Comments

  • Read this for details.

  • +2

    I'd say a lot of the info your manager has given you is questionable. Definitely call work cover and they will answer all of these questions in one call.

  • +1

    I haven't had any experience with workcover but after 11 years in the Army and dealing with a few injuries myself I suggest you keep all records for the future in case you're injury returns or is aggrevated.

    Maybe completing your workcover form will assist legally in determining liability for your injury and giving you cover and support in the future if need be.

  • I have heard that future employers can see if you've made a workcover claim or not.

    • this OHS article explains quite clearly.

      PS. Sugar…it can be read the first time then it requires log in/subscribe in order to read.
      Once knowledge was free, not any more. I hope together we bring free knowledge back to our future generation.

      Basically, yes, new employer can ask (with a bit of technique) of any new potential employees if any injuries that can endanger them from doing the job - OHS (occupational and health safety) related.
      However, employer has to watch out of disability discrimination act and little of privacy act (should the health service provider is that employer who will have not right to access the potential employee's record in their system).

  • +1

    To the Op. Assuming that you are in NSW (each state & Commonwealth is different) Your workplace management are giving you very very poor advice. Get your butt to a lawyer, they are free to you (feel that ozbargain stirring FREE) and then they are paid by work cover.

    The law is a labyrinth of trouble, one missed deadline and things go terribly wrong and because most people don't know this, it goes wrong a lot.

    I was a lawyer once (retired) and worked in this area for over 30 years so if you PM me I can give you a name of a guy who will do the right thing by you. Most suburban lawyers, not all, don't specialise so it can be more difficult.

    If the site prefers I can put Adrian's details here, just not sure of the rules.

    Don't forget, if you miss a deadline you can end up paying for all your own medical bills!

  • This is why you report it straight away regardless of how insignificant at the time. Could get messy

  • It's best to see a workers compensation solicitor for the latest news and advice.

    Usually, the first initial appointment is free.

    Let me know if you need a recommendation in Sydney.

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