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  1. #1
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    Default Work cover payout

    Hi all just wondered if anyone has had any dealings with workcover.

    My husband was injured at work 5 years ago this May. He slipped discs L4-L5 and has had many issues ever since.

    He's had multiple procedures and surgeries, including 2 spinal fusions, and has had chronic pain ever since.

    He's been deemed as having a 'serious injury' and will unlikely ever work again.

    We had a mediation with workcover last week and they offered $150,000 to settle. We were so shocked and upset and obviously didn't accept their offer. How can they expect us to live off that forever! Our barrister told us to expect a low figure to start with but that seems crazy and a little insulting.

    i guess my question/vent is, has any one else had dealings like this before? We are hoping to settle out of court but obviously need a bigger figure. Can we expect them to make a decent offer or will they take us all the way to court?

    Its all so stressful, especially with 3 young children.

    We we want it to be over but we need a fair offer.

    I'd love to hear any advice or experiences, thank you

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    I have no personal experience, but my best friend had a back injury that ended her career also (failed fusions/numerous operations/chronic pain).

    She explained that she had two choices - accept a lump sum payout figure from Workcover, or opt to take a lesser amount but stay with Workcover for the rest of her life (in other words, she'll have her ongoing medical expenses covered).

    She chose to stay with Workcover and take a smaller payout figure as it will work out better long term. Had she chosen the larger payout, she would essentially be wiped from Workcover and any future medical expenses would be her own to cover.

    Sorry this isn't first hand information, but I thought it was worth a mention.

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    no experience - but I would not accept that. No way.

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    3bubbys  (06-03-2017)

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    OP can I PM you? I used to work in Workers Comp in NSW.

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    I have not but did they provide the reasoning/calculations for this figure?

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    Have not had an exp but I would choose to stay with workcover. A girl I worked with her dh was injured and lost the use on an arm. He went to fix something electrical and was electrocuted . Note also he was NOT an electrician and told to NOT fix it but he went ahead anyways. They took the company to court and still won and got a $425,000 payout. This was just on 3 years ago. A lot of money yes. They bought a house and a a business then renovated their house. Boom fast forward 3 years. The business has been run into the ground they are trying to sell it. The house is half done and they have run out of money. Hence they are broke. Medical expenses are now their issue he cannot work. She stays home to look after the kids. They went through the money soooo fast.

    What ever you do take the best advice that will work best for your family for the next 30/40 years not right now. They can throw cash at you but it will only last a certain amount of time.

    Totally sucks what has happens to you dh and I feel for your family as it a horrible situation to be in at a young age

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    Quote Originally Posted by Tiny Dancer View Post
    OP can I PM you? I used to work in Workers Comp in NSW.
    Yes please!

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    Quote Originally Posted by twinklify View Post
    I have not but did they provide the reasoning/calculations for this figure?
    They are basically saying they're not liable. Then why offer $150,000? Our barrister warned us that they may offer zero.

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    Quote Originally Posted by babybeeno1 View Post
    Have not had an exp but I would choose to stay with workcover. A girl I worked with her dh was injured and lost the use on an arm. He went to fix something electrical and was electrocuted . Note also he was NOT an electrician and told to NOT fix it but he went ahead anyways. They took the company to court and still won and got a $425,000 payout. This was just on 3 years ago. A lot of money yes. They bought a house and a a business then renovated their house. Boom fast forward 3 years. The business has been run into the ground they are trying to sell it. The house is half done and they have run out of money. Hence they are broke. Medical expenses are now their issue he cannot work. She stays home to look after the kids. They went through the money soooo fast.

    What ever you do take the best advice that will work best for your family for the next 30/40 years not right now. They can throw cash at you but it will only last a certain amount of time.

    Totally sucks what has happens to you dh and I feel for your family as it a horrible situation to be in at a young age
    Thank you. I think work cover is different in each states, we are in VIC. Our barrister has said because my husband has been classified as having a 'serious injury' his back, surgeries and medications are covered for life. Which is a great relief.

    The issue is the weekly payments which he continues to receive (thank god). If they let us remain on these weekly payments great, but at the moment they are trying to settle, to get rid of us. They obviously need to offer a bigger amount for us to live off indefinitely.

    Our barrister said said in our case, pain and suffering alone should be around 350K, without loss of future earnings. So it's so stressful at the moment.

    We will have to worry about his back forever so we really just want all this legal stuff sorted out, but in saying that we don't want to settle for a small payout ������
    Last edited by 3bubbys; 06-03-2017 at 16:16.

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    Quote Originally Posted by 3bubbys View Post
    They are basically saying they're not liable. Then why offer $150,000? Our barrister warned us that they may offer zero.
    They would need to prove they are not. They should also advise the reasoning for it.

    As for the amount - does VIC workcover have any guidelines available for what payouts are available for levels of impairment?


 

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