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Help - Anyone been through Workcover Court Case?

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5 years 6 months ago #11623 by Blue
Blue replied the topic: Re: Help - Anyone been through Workcover Court Case?
Hi Eliza,

If your whole person impairment is 15% or above, then you are entitled to receive a pain & suffering payout. You should submit a pain & suffering statement, this is your chance to try and explain the pain & suffering that you go through. Try and negotiate after they give you the percentage and amount they are prepared to pay you.

All the best.

Regards

Blue

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5 years 6 months ago #11765 by Eliza
Eliza replied the topic: Re: Help - Anyone been through Workcover Court Case?
Absolutely and completely shattered!!!!!!!! My injury was in 2008 ( and i worked for 2 years in agony ) however,because of my on going chronic pain issues I wasn't assessed until this year! I just found out that I am not entitled to pain and suffering because I am a month too late (July) ... Pain and suffering finished in June this year in nsw and it was made retrospective so I was a month too late! I get nothing! I'm not coping with this because my solicitor told me I would be ok... I'm so very very angry and in shock ATM and I'm not coping with this loss, I was counting on it because I was told I would be able to get it! -:(((((...... SO ANGRY ! I was counting on that money to pay for the very necessary treatment I need now! I'm in shock and shattered so my pain levels are through the roof 9/10 ATM when i found out!!! What a slap in the face and boy oh boy is it stinging! So very unfair and barbaric laws for everyone concerned! I don't think I could feel any worse,I feel numb!

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5 years 6 months ago #11773 by BIY
BIY replied the topic: Re: Help - Anyone been through Workcover Court Case?
Hi Eliza,

I noticed in your post the misadvice your solicitor gave you; can you find another one?. I heard 'Shine Lawyers' is a good one. The first lawyer I went to was hopeless; my new ones are a lot more proactive so they really can vary a lot. I also know that I nearly missed a deadline when I first applied to reopen the case, but was told that they would have been able to apply for an extension under special circumstances. Perhaps a more proactive lawyer could help you with this?

It was a really big step moving from one lawyer to another as the whole thing is tiring enough without adding that to the equation, but it was a psychologist who's practice specialised in treating people for the stress of being under wc (yes, I know!!!! what a ludicrous system we have; she told me it was wc who kept her in work!!!). But she was very into self empowerment and when I told her the non-action of the previous solicitor, she encouraged me to to change). I'm very glad she did.

Here is the link to a site that may be helpful, they even have NSW wc tips:

aworkcovervictimsdiary.com/

Hugs,
Fee
The following user(s) said Thank You: Eliza

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5 years 6 months ago #11778 by Eliza
Eliza replied the topic: Re: Help - Anyone been through Workcover Court Case?
Hi Fee, yes I've seen that site...

No use changing solicitors because no-one can change the new law...pain and suffering abolished completely... It's not about the loss of the money for me, it's about the amount of pain and suffering I'm still and am still going through. No lawyer can help change the new law that was passed in June this year.

I am still entitled to permanent impairment for the percentage I was assessed at and I'm considering it now. However if my condition progresses I can't be reassessed if I take the piddlily amount!
You know what it's like when your in pain it's hard to Cope with the other side of it when coping with chronic pain. I may never work again! I'll never pass a medical and who's going to employ me now ???? No-one...
Hugs...

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5 years 6 months ago #11783 by GarfieldRules
GarfieldRules replied the topic: Re: Help - Anyone been through Workcover Court Case?
Oh Eliza, just reading your posts and wanted to send you lots and lots of hugs. I wish things could have turned out different for you. Its just not fair whats happened. At least I guess you are still entitled to permanent impairment for the percentage you were assessed at.

Things will work out. I know its hard to think that way now but try and remain positive. Take care. xx

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