Workcover payout

[jessali mum]

My husband lost his right index finger a few months back in an accident at work. He has only been back at work two weeks after being off for 5 months. We don't know how much his payout will be from work cover or how long it will take but we are getting mixed ideas as to what to do with the money. Some people are telling us to just spend it on what we want, others are telling us to put it on our home loan, some say buy a bigger car. My thought is to pay off what bills we have we would possibly be looking at saving 1500 per month if we do this. We have been given many figures off various people as to what the pay out might be but no idea of workcover. What are your thoughts?

[sheri82]

i like your idea of paying off bills but as to how much and how long i'm no help sorry

[Me]

There is an actual formula that is legislation that is used to work out your rate. Let me find the info and I'll be back soon with some links.

As to what to do with it, IMHO, I think it's best to pay off whatever bills have the highest interest rate, if that's credit cards or personal loans, then start with them first, then work your way down to the lowest interest rate. That way you're spreading your dollar further;)

[Mrs Nietzsche]

I actualyl got told by Workcover that it was just a couple of grand for a finger.

[Me]

Ok, Workcover QLD, you're looking at the following(from the legislation qld website: http://www.legislation.qld.gov.au/Search/isysquery/0b61fe09-a951-41f2-9299-341ae19117ba/1/doc/CivilLiabR03.pdf#xml=http://www.legislation.qld.gov.au/Search/isysquery/0b61fe09-a951-41f2-9299-341ae19117ba/1/hilite/ - Page 118)

OK so there are a LOT of factors which go into making up your claim, including(but not limited to)

Past economic loss(was he receiving any income at all in those 5 months - centrelink? workcover? If so that's classed as already paid iykwim?)
Future economic loss(though if he's been back at work for 2 weeks then this won't be included)
Anticipated medical expenses(if he's already recovered than this won't be included)
Out of pocket expenses - make sure you have all receipts for anything you've paid out of pocket
Medicare refund(if your claim is over $5000 then you have to pay medicare for anything that has been bulk billed already - gp visits, xrays, surgery etc)
General Damages(this is the part that most people talk about when talking about compensation).

How general damages is calculated is that the injury is given a ISV(Injury Scale Value) value(for loss of an individual figure it's between 5 and 20, as per page 118 of the link above). The ISV value is then used to calculate the general damages worth. I can't for the life of me find the figure that they use to calculate the general damages, but it's low, like maybe $800 per ISV - so at the lower end $4000 a the top end $32000. Only a doctor can put an ISV on his injury, and they tend to reserve the top figures for worst case senario's. If he's only lost part of his finger and it's a "clean loss", then it's probably going to be at the lower end of the range TBH.

Try not to count your chickens before they hatch, it's a long drawn out process and it's in the insuraners interest to bargain you down as much as possible.

Oh plus there is another thing called Vicissitudes which is basically a % they take off the calculation of economic loss - its supposed to account for unexpected things like taking parental leave etc. Don't let them bully you into a high rate, I'm pretty sure the minimum rate for QLD is 5%(just means whatever his lost wages were, take 5% off that).

Good luck, I hope it's a smooth process for you. Don't let them bully you into an early settlement if you're not happy with A) the figure or B) the explanation of how they got to that figure.

[Beckybug]

One of the men at work lost two fingers off his left hand. Index and middle finger. He only got $10,000, so don't expect a great deal. Only things that permanently disable you like spinal cord injuries get big payouts.

Sorry that you hubby lost a finger!

[MsMummy]

If you haven't already, make sure you seek legal advice before you agree to any lump sum workcover settlement.

If the employer was negligent, you may have an additional claim.

[Mrs Nietzsche]

As a sidenote, the workcover man also told me that chopped off fingers are their biggest source of fraud. Apparently they can tell the fake claims because the fingers are neatly sliced off.

[Beckybug]

As a sidenote, the workcover man also told me that chopped off fingers are their biggest source of fraud. Apparently they can tell the fake claims because the fingers are neatly sliced off.

:eek: The guy I worked with got his fingers cut off by a very sharp blade, perfectly clean cut. I think they would have to look at the persons job before jumping to conclusions.

[jessali mum]

As a sidenote, the workcover man also told me that chopped off fingers are their biggest source of fraud. Apparently they can tell the fake claims because the fingers are neatly sliced off.

Well they can't class it as fraud as it was removed by the dr after six weeks of trying to repair the damage he suffered to the finger. We have been told by work cover minimum will be $12000 and up to $60000. That's all we can get off them, a friend used to work for workcover and processed claims and said to aim at around halfway that is the basic payment in QLD. We have sought legal advice and have someone on standby if we do choose to go ahead with a common law claim. I think I like the idea of paying off the credit card and store card and then if any is left over then pay off the car. That way if I can get rid of those two bills at least its a huge saving still each month

[MummaBear03]

A friend of mine went through Workcover and they paid her wages while she was off work. She didn't like the payout they offered so sued the company for negligence. She damaged her ankle and now almost 2 years on she still requires physio for that ankle. Might not sound like much but the damage done was extensive, not just a sprained or even broken ankle. Workcover offered her $20,000 but she sued the company and will receive a payout later this month of $94,000. She went through Community Legal Service and paid no legal fees.

[Butterfly Mummy]

I have been going though this experience for almost two years since I approached solicitors about it.

I fell and have stuffed my ankle my knee and my hip I have had 7 surgeries since my accident and have chronic Pain which is not managed at all.

Because my accident was before 2003 when the legislation changed. Its much harder for me to get anything. I cannot work because of my injuries but am constantly harassed by my x employers.

Its an awful and drawn out process, Especially if the INsurer is a SELF INSURER who think they have all the rights, and they send you to their doctors who contradict them selves in their 16 page findings (they are paid by page) all my specialist reports are 1-2 pages.

Please please see a solicitor I wish I had done alot earlier than I did.

Im currently on my common Law 120 days But there is a hell of a lot more to go through.

I wish you all the best.

[mum23girls]

I think it is smart to pay out the bills. Look at helping yourself in the short term to help for the long term? Would a bigger car would be more expensive to run, insure, register? I don't know your situation or anything, that is just what I would do. You may also benefit in a short term deposit account, if you can afford it.

My brother had a workcover compensation pay out for a damaged thumb, he ended up not being able to use it, but it is still attached. He got about $17,000 I think. Sorry about your DH. Hope everything works out for you.

[jessali mum]

Unfortunately my DH comes from a family that has to have the best of everything and he seems to think we need the same. I came from a family that got by on the bare essentials, we never wanted for anything but we weren't spoilt and had to earn what we wanted and always had to wait for birthdays or xmas. We have really struggled over the last few months even though we both earn really good money (disgusting I know) and he has finally realised his spending needs to be taken under control. When I pointed out to him he spent 30000 in 12 months he didn't believe me, I told him you had to have your car so you went and bought it, your brother bought a motorbike so you had to have one so you went and bought it. I told him to add up what they both cost and look at what we are paying for them and he nearly died when reality hit. I sat down with him and showed him everything he spends on a daily basis, he refuses to take his own lunch even though I bought him a car fridge for his truck, I got him to keep every single receipt for two weeks and at the end I added it up for him and he was gob smacked. As I said to him we live for us not for your family. Now to top it off my youngest needs braces and we can't afford it at the moment, my mother has given me some money towards it but it's the monthly payments we will struggle with until we can get rid of his bills. It makes me mad that it's always the woman that gets the blame for spending when I seem to find it's the other way around. I have now confiscated his key card and cut up his credit card, he gets a daily allowance.

Butterfly Mummy I hope it all goes well for you and you get what you rightfully deserve.

[StrawberryTheMilkshake]

Hi there,

We are in the throws of working out whether to take an offer from workcover or fight for more.

If we do fight, we are at risk of drawing it out and loosing the addition money in legal fees, right?

But what they have offered is enough to help, but not great, if you know what i mean.

I just dont know what to do.

[StrawberryTheMilkshake]

Workcover offered her $20,000 but she sued the company and will receive a payout later this month of $94,000. She went through Community Legal Service and paid no legal fees.

See this makes me hopeful. We just have no idea what to do.

[StrawberryTheMilkshake]

anyone?

[gabETandme]

Get a solicitor they will get you the most out of it. Hey at least you have an offer Im still fighting.

[TurnedBatty]

Pay off bills. I said the same thing to DP. We have now found the money to pay off his bike, so saving us 140 a fortnight. DP didnt want to, because he only saw it as "It will be paid off in 4 months anyway." Hmmm, having $20 spare a f/n or $160??? HMMMM???