I've just submitted a work cover claim against work for failing to create a safe workplace against bullying. Has anyone been through this...I'm not sure what to expect but I have a feeing they will make ynife hell

Hi meatloaf,

I haven't been through anything like that, perhaps they will make life hard but hey, sounds like they have made life hell for you so they can take what's coming. Stay strong, workplace bullying is bad and no one should put up with it. Keep a record of anything that happens, practice responding without getting emotional. All the best.

Jack

 

Hi meatloaf, welcome

Jacko has suggested one avenue and its not a "wrong" path. Your path whichever way you go is your decision. But lets look at other paths open to you. First my experience in these matters.

1988 off work from bullying for 10 months. Basically in local law enforcement and they wanted me to not enforce the law against a local politician. I objected and continued to treat him like any other citizen. Result- Severe anxiety, paranoia, heart palpitations, family suffering etc. After 10 months off work found another profession and slowly recovered. But the anxiety lasted 25 years.

Add to that 18 years as a private investigator dealing mainly in workers compensation.

What have I learned. It is great to show courage and determination. But in this world where bullying (and other things) is newly distasteful in the workplace one can go through a lot of pain, financial hardship and loss of sleep for virtually no gain. I did get a couple of pats on the back...not much else. What was taught to me by my then occupational therapist was, that the world is grey and we have to fit in it. In order to fit we must be grey ourselves not so black and white. eg A policeman at the end of his shift is returning to the police station. He sees a car speeding. He turns a blind eye. He knows he will be working for a further 45 minutes but as well, he would never get to the station to knock off because there are offences everywhere. Another one- A woman gets paid less than a man in the workplace for the same job. Does she protest ? It is widely known this unethical wage topic is wrong but will her stance at great health cost benefit her? I say no. Her best bet is to protest in other ways.

For a short time I got a security job. I was told that I get paid for 12 hours work and am expected to work for 12 hours. No official lunch break or other breaks. Toilet break..."yes be quick". Swallow a sandwich "make sure no customer sees you chewing". Do I object as I did when bullied years before? No, I planned to leave the job as soon as a better one came along. Why? Because I knew the fight wasn't worth it. You win a battle but in the modern day you don't win a war. The same people are in charge, nothing changes.

If we object to everything we risk our health and the unity of our family by constantly surrounding ourselves with the fight.

If and when it goes to a tribunal or council your witness backs off.

Life is not black and white. My views

Tony WK

dear Meatloaf, a couple of great replies which I agree with, and in particular, that the names dates, times and reason why you have been bullied must be recorded, and if you have access to a computer then write down all these events and send an email to yourself.

I only say this because if you record all events on a piece of paper and leave it in your pocket or drawer then there is a chance that these could be taken off you.

You also have to note whether your boss is supportive or whether they don't care, in other words anything and everything must be noted, because you have to remember that they will contest everything you say. Geoff.

Hi all thanks for your replys. I know I am in for a tough fight but I have recorded and kept every email and documents of all instances...one in particular from HR saying they won't do anything about the situation and ignoring my 2 submissions this person was a health and safety risk. The person in question who is the cause of my situation has a 5 year history of this behaviour. Work are seemingly supportive but I don't trust their motives, they have lodged my claim with their insurer so now it's a waiting game. Even if I win my claim the damage has been done to my health and I'm a shadow of myself. I hardly leave my house these days

Thanks for your reply meatloaf.

Are you seeing a counsellor or such meatloaf? You say you are a shadow of your self but that doesn't have to be for ever and with help you can get on the road to recovery. Don't let this one person take any more of your energy, they have taken enough.

Jack

Thanks Jacko

 i am seeing a psychiatrist which is draining....I'm just so tired of it all the thought of going back to that workplace is awful and the thought of starting somewhere new is just as bad.....I think I will feel better when i know what they are going to do about my claim...the anger is the only thing keeping me going...I guess it's good to feel some fight if nothing else for now

 

Work have offered me an interim role while my claim is in.....what should I do? Will it go against me if I refuse it?

Hi Meatloaf,  I  went through a pretty hard time as an apprentice with workplace bullying, i wish looking back that i had the courage to make a claim like you have. Instead I left and had a really hard time completing my apprenticeship. I think today workplace bullying is more socially unacceptable than 15 years ago when I went through it. Good on you for standing up for yourself ! The person doing the bullying should hopefully be the one that gets a hard time and not you. It may end up better to move on elsewhere in the long run but you have done the right thing standing up to them first 👍

Hang in there with the psych meatloaf, hopefully you can keep making small steps and come closer to some peace and happiness. If you don't feel like you are progressing perhaps you could consider a different professional or give the BB phone service a call for some professional advice, check you are on the right path.

I'm not sure about the interim role, if you don't feel up to it then you shouldn't have to accept it and there shouldn't be any ramifications. However it might be an opportunity for you to refocus your attention while you get through this.

Jack

Thanks everyone...I can't tell you how you're replies make me feel less alone..much love to you xxx....

Hi there,

Work cover can be quite isolating, well that was my experience. Thing is I had a psychological injury and Work cover was an opportunity to heal. I got back to work as soon as I could handle it and worked through the issues with them, called them out on what wasn't OK, and when I was travelling well a couple of years later I chose to move on. I wish you all the best going forward. 

Rob.

 

Hi

ive gone back 2 days this week, it's hard and I don't know if I've done the right thing I'll see how I go. Works insurer have arranged an IME for me next week and they talked about me meeting with their investigator. I spoke with a lawyer who advised me not to do that. I'm so confused about what is the right/ best thing to do

Hi Meatloaf,

I would take the advice of the lawyer if they are reputable in worker's compensation law and you have hired them to help, they seem to have a pretty good handle on things and wouldn't steer you wrong because it is in their best interest as much as yours. If it was just general advice over the phone, I would take it with a grain of salt. Perhaps let the insurer know that you would like legal advice before seeing the IME, just to give you some time to consider it so you don't get rushed into something until you know it is mandatory. Also, reading up on worker's compensation law for your particular state might help you know the procedure. The insurer's website should have plenty of info on how it all moves forward for your claim, but the legal rules sometimes let you on to a whole lot more about your rights.

It isn't pleasant having to go through all this legal mumbo jumbo when you are under a lot of emotional stress at the same time, but it may help you with making decisions when being told by the insurer what you must do.

I found this from a support network - "You need to be given adequate notice prior to the appointment (recommended by WorkCover as 4 weeks notice but at least 10 working days, two weeks)."

If they've given adequate notice, it seems to be a normal part of the process so the insurer can get an independent evaluation of your injury. I wouldn't get too stressed about it, I have had numerous specialist appointments arranged by the insurer [IME]. They are of course, a specialist in their field, so make sure you aren't seeing an orthodontist for a psychological ailment. Any report or information they give to the insurer will also be available for you to read, so you will know what is being said about your condition. Honesty is the best policy when being asked about your situation. Good luck, I hope it works out well.

Thanks for the information, there's so much conflicting information and advice I'm not surprised people give up.

the insurer is already starting to be unreasonable, they arranged the I me in a location I can't get to on public transport and are being arses about reimbursing me for taxi which is going to cost me over a 150 dollars.  The more unreasonable they get the more determined I get

 

"The more unreasonable they get the more determined I get" That's the spirit! Be cautious how much energy you put into the fight though, after a while it can become draining and an obsession. Then every letter you open and every time the phone rings your heart starts to race and blood pressure rises, as you expect yet another drastic situation that has the potential to ruin your life. Of course you only find out it is just a payment slip or random telemarketer and got worked up for nothing. 

As for the travel reimbursement, they shouldn't be making  a fuss over transport costs. I have sent in hundreds of dollars worth of receipts for travel, mainly to see doctors and the rehabilitation people. $150 is a pittance in comparison to how much the IME costs, or the myriad of medical bills that a compo case may involve. Just put your foot down without getting too riled up. 

Hi Turkeyman

 they agreed to pay the taxi after I called work safe and they gave me a number for the internal customer service of the insurer who overruled the case manager. It is draining but I'm determined to follow through on my rights and not get overwhelmed with the whole process..having this forum really helps

 

Going back to work was a mistake, I'm not allowed in certain parts of the building in case I run into my tormentor, I was even recommended to work in an office on my own..on the plus side the investigator has spoken to my witnesses and she has said she can't believe how useless work hr have been dealing with this. The 13 th if October is d day for a decision.

Hi all

just thought I'd update...my work cover claim has been accepted. This is good news and I thought I'd feel better by hearing this but I don't. Putting all my efforts into trying to rebuild myself and not worrying about work.

stay well

Just an update...I won my claim over a month ago...I still haven't been paid....the red tape is exhausting...,but sticking with it....

Hi meatloaf

Great to hear that you got your work cover claim. Your payment will come. Keep asking.

My employer originally didn't provide me with a safe work environment by expecting an excessive workload. I developed anxiety and depression as a result. Told work. They effectively did nothing for 4 months. I became incapacitated. They should have offered me my right to Workers Compensation (WC) within 14 days. They didn't and I didn't realise. They placed me on an internal return to work (RTW) plan. Although best practice in businesses it wasn't through the insurance company. There was no accountability. They broke the agreements of the RTW about 2 months later. I had a breakdown, was sent home by my employer and 2 days later I commenced long service leave.

While on long service leave, they called me in to a meeting and told me of a non-negotiable decision to demote me and reduce my salary because of my health. I ended up in ER the next day from shock. There was no warning of content of the meeting or the opportunity to have a support person. While at ER, in a conversation with my husband, one of my bosses said it wasn't WC because I was on leave. We thought nothing of it. My LSL was subsequently destroyed in recovery. By not having WC, my pre-injury position did not have to be open to me for 12 months as required by the law in my state.

On return from LSL, I submitted a WC claim against my employer. It was after the 6 months deadline. They immediately fought it. In the interim I was placed on RTW overseen by the insurance company. They expected me to sign RTW's than stated my pre-injury position and salary was my demoted position and salary. In the ensuing fight, I have won the right for my claim to continue despite it being over the deadline because my employer did not meet legal requirements.

My workplace continued to provide an unsafe work environment when I returned. The bosses instructed staff not to speak with me; they isolated me; gave me unfamiliar duties; pressured me to sign a contract to agree to my demotion, even during the period that I was on official careers leave when a member of our family was critically ill. There were ramifications to my health. Yet my claim is still being fought. We wait for a decision in another jurisdiction for the fight to continue.

I have learnt, and it is my advice to all, know your rights. Seek advice. I thought my employer was caring. History shows when it came to business they weren't. I was simply a risk.

 

Hi FP

 your experience doesn't surprise me at all I'm sorry you went through but good on you for fighting. My work are pretty useless they keep saying they want me back but nothing has changed there and I'm now do paranoid I don't trust any of their motives. I'm waiting for the insurance company to start paying me which will hopefully be soon as I've had to go into debt just to live. I'm considering applying for TPD as I can't ever see me working again...this is the second time I've experienced bullying in different workplaces and I just can't face it again. When you raise complaints you are seen as 'the enemy' no matter what polices they spout and will always find a way to get rid of you.

good luck stay in touch