Common Problems with Injury Management

There are numerous challenges facing injured workers, treatment providers, employers and many other stakeholders involved in the management of a workers compensation or injury claim.  The following is a summary of the more common challenges injured workers may experience and some suggested strategies on what to do about them or who to contact to get more information have been provided.  The list is far from exhaustive. We would welcome any feedback and suggestions of areas to cover in the future.

Employer related challenges

1.        Employer won’t document injury

       Start by:

•  Trying to be aware of the challenges your employer faces and be understanding of their situation
•  Trying to discuss concerns with your Supervisor /Manager or other key staff
•  Discussing  issues with your NTD
•  Call WorkCover help line 13 10 50.

2.       Employer won’t document the claim

• see above

3.       Your employer (in your opinion) contributed to your or another workers injury, particularly when:

• The injury was serious
•  You believe there  was a blatant and significant breach of WH& S
•  And / or efforts had been made previously by workers to address the issues contributing to the injury.
• Contact WorkCover’s help line 13 10 50. And / or discuss with your WH&S representative and or union representative

Down the track - after the first month

Sometimes industrial and workplace issues can prove to be a major barrier when an injured worker is returning to full or near full capacity in their pre-injury job. Some common challenges include:

• An employer being reluctant to accept an injury is work related (despite liability being partially or fully accepted by the insurer). An employer is reluctant to support the restrictions made on the medical certificate.

• An employer not being aware or being unwilling to accept their obligations to provide suitable duties for an injured worker

• An employer agreeing to provide but then not accommodating the restrictions or hours on the medial certificate.

• Lack of management and co-worker support - an attitude that the injured worker is a malingerer, weak or not pulling their weight and therefore “dragging the chain”.

• Subsequent problems with the injured worker being fearful of returning to work and experiencing bullying

Some possible ways of dealing with these difficulties include:

• Trying to be aware of the challenges your employer faces and be understanding of their situation
• Try to discuss concerns with key staff
• Make sure you have a good and experienced rehabilitation provider and experienced case manager who is a good negotiator and mediator.  They can be helpful in explaining  the situation and getting necessary support for common goals acceptable to all parties
• Consider formal mediation if suggested
• If all else fails discuss alternate work directions with your NTD and workplace rehabilitation provider.

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