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  1. #11
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    Quote Originally Posted by twinklify View Post
    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?

    Well thats another story. The employer states they are not liable because my husband 'signed' a waiver the morning of the accident claiming he was happy work in the rain and mud. My husband has NEVER signed any document the morning of a job, whether it be 40 degrees or otherwise and had no idea what workcover were talking about.

    The barrister asked workcover for this document and his signature has been forged, and not even a believable forgery, along with the other 7 guys on the job site that day. Our barrister informed workcover of this and we are currently awaiting their response.


    The whole thing makes us so angry

  2. #12
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    Quote Originally Posted by twinklify View Post
    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?
    If they've accepted the claim, are currently paying weekly and medical benefits for it, then liability is accepted unless they have been declined. When a claim is declined they have to issue a declinature which will outline the reasons and evidence for those reasons. Since the claim hasn't gone to commission, I'd say the solicitors are playing hardball on the insurer's instruction and are bluffing.

    I would imagine Vic has some guidelines, as NSW do and they are very similar. But they are pretty variable in terms of pain and suffering. In fact, NSW has done away with P&S altogether (at least they had before I went on mat leave in 2014).

  3. #13
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    Quote Originally Posted by 3bubbys View Post
    Well thats another story. The employer states they are not liable because my husband 'signed' a waiver the morning of the accident claiming he was happy work in the rain and mud. My husband has NEVER signed any document the morning of a job, whether it be 40 degrees or otherwise and had no idea what workcover were talking about.

    The barrister asked workcover for this document and his signature has been forged, and not even a believable forgery, along with the other 7 guys on the job site that day. Our barrister informed workcover of this and we are currently awaiting their response.


    The whole thing makes us so angry 😡
    My understanding is that the employer is still liable for the injury. It happened at work. The employer has to protect their workers. Even if the employer didn't do anything wrong and the employee had done something really stupid and against all policies, the employer is still liable.

  4. The Following User Says Thank You to Tiny Dancer For This Useful Post:

    3bubbys  (06-03-2017)

  5. #14
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    Quote Originally Posted by 3bubbys View Post
    Well thats another story. The employer states they are not liable because my husband 'signed' a waiver the morning of the accident claiming he was happy work in the rain and mud. My husband has NEVER signed any document the morning of a job, whether it be 40 degrees or otherwise and had no idea what workcover were talking about.

    The barrister asked workcover for this document and his signature has been forged, and not even a believable forgery, along with the other 7 guys on the job site that day. Our barrister informed workcover of this and we are currently awaiting their response.


    The whole thing makes us so angry 😡
    Ok. I would not consent to the payout.

    That is fraud. Be prepared that may delay things though.

    I am sorry that this is happening. Sometimes the systems put in place to protect us have so many legalities.

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    3bubbys  (06-03-2017),Tiny Dancer  (06-03-2017)

  7. #15
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    I've PM'd you OP 😊

  8. #16
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    Quote Originally Posted by Tiny Dancer View Post
    My understanding is that the employer is still liable for the injury. It happened at work. The employer has to protect their workers. Even if the employer didn't do anything wrong and the employee had done something really stupid and against all policies, the employer is still liable.
    I thought so too but the barrister claims the weekly payments and medical costs are all the employee/insurer is liable for.

    To to get a payout we need to prove liability/fault and make a common law claim
    Last edited by 3bubbys; 06-03-2017 at 17:45.

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    Quote Originally Posted by Tiny Dancer View Post
    I've PM'd you OP ������
    Thank you, I'll reply shortly

  10. #18
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    Quote Originally Posted by 3bubbys View Post
    I thought so too but the barrister claims the weekly payments and medical costs are all the employee/insurer is liable for.

    To to get a payout we need to prove liability and make a common law claim
    You can make a claim for WPI serious injury (WPI is 30% for Victoria) and a separate one for common law (which I am assuming is P&S). If the claim has been accepted, then the insurer is satisfied that the worker was injured at work. I don't understand how the employer can even try to deny liability on an accepted and active claim. That seems ludicrous.

  11. #19
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    Quote Originally Posted by Tiny Dancer View Post
    You can make a claim for WPI serious injury (WPI is 30% for Victoria) and a separate one for common law (which I am assuming is P&S). If the claim has been accepted, then the insurer is satisfied that the worker was injured at work. I don't understand how the employer can even try to deny liability on an accepted and active claim. That seems ludicrous.
    It seems crazy to me too, that's why I questioned it?
    Its all so frustrating.

  12. #20
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    OP, Workcover is different in every state. Listen to your lawyers, and if you don't understand their advice, ask more questions until you do.

    Most claims do settle out of court - because going to court is realllly expensive.

    I hope this gets sorted for you.

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