Post by: Red Dog 4x4 on September 12, 2016, 04:01:02 PM
About a month and half ago I injured my lower back delivering so leaf springs to a customer as he wasn't home, the following day saw me not able to move, fast forward to results it looks like I have a tear in a disk pressing on a nerve at L4 & L5, The doctor has given me light duties ( not lifting over 5kg, I am the fitter / Deliver driver occasionally for a suspension company, so company car as well )
I haven't been able to do any fitting since the diagnosis and have been receiving physio once a week. The boss has recently come out and told me that my job might be under treat as I can't do my roll with in the business but my roll has never officially changed from sales person? As well as saying that I might lose the company car as I can't deliver parts, But all the customers I have delivered parts to since the injury have been really good in unloading me when i get there.
Has any one had a good out come from some thing like this & what time frames was the healing what did you do?
By the way I have recently only turned 30 and have been here for 8 years and 11 months, but I don't think that maters anymore..
Post by: Mace on September 12, 2016, 04:35:28 PM
https://www.worksafe.qld.gov.au/rehab-and-claims/injuries-at-work/making-a-claim (https://www.worksafe.qld.gov.au/rehab-and-claims/injuries-at-work/making-a-claim)
The ongoing processed should support rehabilitation, medical costs, alternate duties and the like.
Post by: tombie on September 12, 2016, 04:38:19 PM
he's opening himself up for a world of pain!!!And you need to lodge your WC claim..
Cheers Tombie...
D4 "Storm" Remapped, APT armoured and Tweaked
Post by: fergy on September 12, 2016, 04:43:55 PM
but best to sit down and have a discussion with your employer
you should already be claiming WC and it should not be costing your boss anything for you to do that
you may be better off not being able to do your job for the duration of the claim as then the boss can claim your full pay from insurance company
rather than paying you while you cannot do much in the way of work
but have a chat with your boss
as a side is it a large business? have they had to deal with a claim before?
Post by: Mace on September 12, 2016, 04:48:58 PM
you should already be claiming WC and it should not be costing your boss anything for you to do that
Except for vastly increased premiums for the next two to three years, which is why many employers, seemingly like this one, dont follow due processes. :)
As a general rule, the cost of any claim will equal subsequent premium increases.
Post by: corndog on September 12, 2016, 05:13:13 PM
Post by: marvellous_matt on September 12, 2016, 05:14:02 PM
A work cover claim is something that you need to do asap. Maybe some advice from work cover in your state, or a legal entity to get to know where you stand. Your boss may not know what his obligations are, I hope that is it and you can nut out this thing out together.
Have you had any images taken (MRI/Cat scan)? Also it might be worth a second opinion. I hope physio is working well for you. I had not a lot of progress from physio/exercises swimming, acupuncture, and in the end walking was the best core strengthening exercise that really got me back on track. An hour in the morn, an hour after work and then 30 mins later on an hour before bed.
Hope you get some releif soon.
Post by: glenm64 on September 12, 2016, 05:23:46 PM
You are within in rights to use your own doctors etc.
If any one at my work place has a lost time injury we (through guidance from our union) use an independant company called Fresh Start. This is in Perth so I dont know if theyre national. The company hate it but cant stop us from using them.
The basics of lost time injuries isnt weighted in the workers favor any more.
There is a bucket of money for each injury( the amount depends on severity of injury and includes wages while off work, medical, legal and compensation.)
Fresh Start organise doctors and specialists that are worker friendly. Some guys have been threatened with similar situations you are facing. Fresh Start set the legal wheels in motion to make the bosses back off. They also put a return to work plan in place to get you back to work in a suitable way.
All these costs are from the bucket of money.
The scarey part comes if you have a long term injury requiring lots of surgury that chews up the money. If the bucket is empty before you are rehabilitated your in deep sh*t.
If you are trying to fight a prick company on your own, dont forget they will have Work Cover trying to wipe its hands of you as quickly and cheaply as they can.
This is only my understanding of workers comp, and dont know if other states differ.
Hope you can get the result you need.
Cheers Glen
Post by: Bullant4x4 on September 12, 2016, 05:29:51 PM
Prepare for a long drawn out case >:(
Keep a diary!
Post by: cruiser 91 on September 12, 2016, 05:52:54 PM
You have 2 years on work cover from the time you make the claim to the time you get kicked off.
Your boss can not get rid of you during this time. He can however send you home with full pay + any over time calculated + perks and perks such as company vehicle but no supper if deemed by a medical professional that you cant not perform your usual job.
Do not use unpaid leave, sickies or holiday pay to take time off due to your injury!!!!!!!!!
Join the union in your industry is a must!!!!!!!!!!!!!!!!!!!!!!
They will take and fight your case for free!!!!!!!!!!!!!!!!!
I'm a business owner and i stress that you MUST join the union now!!!!!!!!!!!!
Careful with changing work roles!!!!!!!!!!!if you dont perform you could get the sack!!!!!!!!!!!!your not a sale rep, your a fitter! however you could be great in sales but how is the industry going?keep in mind that you will not take a pay cut due to a different role or low paying role, this is by law.
GET LEGAL ADVICE!!!!!!!!!!!!!!!!!!!!UNION LEGAL ADVICE!!!!!!!!!!!!!!!!Union fees are tax deductible 100%
Be mentally prepared for any standover tactics, emotional black male and and poor medical advice from the other side. You have the right to choose your own doctor, specialist, physio etc!!!!!!!!!!!!!!!
Number 1 priority is YOU & your FAMILY!!!!!!!!!!!!!
Main objective is to get you back to normal as soon as possible...............injury payouts these days are sweet FA.
if you require any more information or advice please message me. look after yourself!!!!!!!!!
Ive been through all this since 1999.
Post by: V8CRSA on September 12, 2016, 07:59:12 PM
I have 3 damaged discs in my lower back so I know how you are feeling. I spent over 6 months unable to sit down or sleep as the nerve pain reach a point where a normal life was no longer possible.
Since then I have learnt live with my injury and adapt to the way I do everything, I now stop and think before I do anything.
You need to see your doctor as well as get a work cover claim in, this type of injury can effect you for the rest of your life. Your employer has to do the right thing by you if you put in a work over claim, if you don't they may not see the need. Make sure you do what's right for you and your future.
Good luck mate.
Matt
Post by: Patr80l on September 12, 2016, 08:14:39 PM
My advice:
1. Don't get your legal advice from a forum. You need a lawyer. Talking to one does not commit you to a course of action but it can make you better informed when you talk to your employer.
2. If you're not in the union, you can see a lawyer privately and many are no-win: no-fee, or first-visit-free. Maurice Blackburn are a good mob.
3. Beyond that, as a doctor....I'm not giving you legal advice, even though I have seen how the system works.
To the other posters....
1. The law is different in different states.
2. It's "you're" not "your". Aghhhhh.
Post by: KingBilly on September 12, 2016, 08:36:19 PM
Good luck mate. Been under the knife twice for back surgery.
KB
Post by: Bullant4x4 on September 12, 2016, 08:40:29 PM
On the no win, no fee lawyer topic, don't be fooled. If the lawyer is successful with a work injury claim, they will take around 60% of any lump sum payment.
Good luck mate. Been under the knife twice for back surgery.
KB
If you lose, you have to pay all medical bills, reports etc but you don't have to pay your lawyer bill, lol.
You're f'ed as you have to pay the work cover lawyers bill.
Post by: Cruiser 105Tvan on September 12, 2016, 08:44:02 PM
A result can be percentage based sometimes as well.
Was that 'your' like DUAL as in two of, not Duel as in have a Barney Patr8ol?
Post by: heath74 on September 12, 2016, 08:46:22 PM
Post by: cruiser 91 on September 12, 2016, 09:04:34 PM
This is not criminal law! it is "not" prove injury beyond reasonable doubt!!!!!!!
Workplace injury is only the likelihood that it happened in the workplace or during work duties!
The OP said it happened when after lifting leaf springs! that is enough to make it a workplace injury in any case law!
No lawyer can get you anymore than what workcover has placed $$$ on any one limb.
EG: each limb/part of the body has a price of 100% which 100% may = $100k if permanently disabled. Your injury may only quantify with a WPI of 20% loss out of 100%. A union advocate will take 5% max from a pay out, a private lawyer as said before may take 60% plus.
Workcover medical professionals deem what % of loss not lawyers! One of theirs and one of yours, then they split the % difference to the middle.
Post by: McGirr on September 12, 2016, 09:12:00 PM
Work cover is there for the employer not the employee. I was advised by a person from work over to get a solicitor.
Was screwed around by work over for years before going to mediation and getting a payout.
My injury was L1 S5 if I remember. Had a cat scan and the report was 2 pages long with my doctor shocked at the damage to my back. As mentioned hopefully not as bad as me but off work for 3 months. Did the damage lifting a big TV back in 1999. Lost a lot of weight due to continue eating as could not sit on the toilet. Got down to 65 kilo from 98kilo, I looked gaunt when a work over employee turned up for a surprise visit. She was stunned. Thought I was making it up.
Hopefully things will get better for you. But do not trust work cover or their doctors. I went to 4 work over doctors and they tried to say I was making it up even with the big report from my Cat scan.
Took 4 years and we agreed on a payout.
Mark
Post by: Bullant4x4 on September 12, 2016, 09:34:15 PM
I'm a GP and have to deal with these cases at least every week.
My advice
Sorry Patr80l reminded of deuce lol
Tongue in cheek
https://youtu.be/1gA_ZCWIbqo
Post by: Red Dog 4x4 on September 12, 2016, 10:16:54 PM
The other thing that I am unsure of is on my pay slip and group cerficte it still says sale person? So how can I be called the fitter? I have never signed anything, never had a formal mod title change.
But again thank you all for the info if dose help me look in the right direction, I will keep you informed as to what happenes
Red dog
Post by: fergy on September 12, 2016, 10:19:06 PM
2. It's "you're" not "your". Aghhhhh.
Sorry mate I'm just a illiterate welder not a doctor
Besides the only bit of English class I remember is that miss Maughn had big knockers
Post by: Bullant4x4 on September 12, 2016, 11:18:57 PM
Thank you all for the replies, first of all I have been on work cover since the first doctors visit, as for the union, I have looked but we don't really have one in this industry.
The other thing that I am unsure of is on my pay slip and group cerficte it still says sale person? So how can I be called the fitter? I have never signed anything, never had a formal mod title change.
But again thank you all for the info if dose help me look in the right direction, I will keep you informed as to what happenes
Red dog
Less you put up for the PIs to follow the better!! They will be on your hot little bum like flies on Shite.
Don't walk with a smile or lift a tissue!!
They will try and screw you and delete any post or comment.
Post by: edz on September 13, 2016, 12:21:21 AM
If they are like WIRO in NSW they can fund your legal aid and arbitrate on your case to get an outcome for you..
https://www.worksafe.qld.gov.au/rehab-and-claims/reviews-and-appeals/what-you-need-to-know-about-a-review (https://www.worksafe.qld.gov.au/rehab-and-claims/reviews-and-appeals/what-you-need-to-know-about-a-review)
Post by: DaveR on September 13, 2016, 06:03:31 AM
But when I screwed my back I found the only thing which helped me, and stayed helping me as it sets itself back to the concrete like state was...
1, Ultrasonic type treatment, they have a probe thing that give a deep tissue heat, possibly got the name wrong.
2, A targeted and designed Pilates program via the physio. I laughed at 1st, but by gees it is good. This is to help prevent another re-occurring injury to it.
All the best with it mate, hope it sorts itself out for you
Post by: Malcolm Tugless on September 13, 2016, 09:23:16 AM
Post by: Rodt on September 13, 2016, 09:51:25 AM
Don't be too concerned at this stage (however document every conversation in a diary) about the boss making these statements as if he does you will be able to commence unfair dismissal. There are rules around employers providing suitable duties (which they have been for you up until now) and there are timeframes set down for WC claims and recovery processes. There are multiple legal precedences whereby an employer has been providing duties for a period and then all of a sudden says can't do it and sacks the person. They have basically all invariably lost when it has been taken further down the legal path.
As said above document every injury / employment conversation in a diary as I would reckon that the employer would not be smart enough to as this is all admissible in court. If the employer tells WorkCover that they no longer can support suitable duties for you then WorkCover have the option of re-housing you at a host employer who can which is fully funded.
The above is a summary only and if you start to feel real pressure from the employer you should also discuss with your WC case manager which will then ensure that there is another chain of documentation. Should also note that you need to ensure that you participate in all treatment and reviews etc as refusal to do any of these can be used to demonstrate that you are not looking to get better and are milking the system.
Cheers
Rod