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Old 13-10-2007, 10:59 AM   #1
FORD EB 4.0
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Default Work Resume Query

Hi, I have a friend who sustained injuries in her employment due to a fall.Injuries sustained were L4 L5 C1 Lumbar spine injury which is degenerating,cracked patella knee,the lumbar injuries cannot be operated on only fused.The cracked patella requires a knee replacement.Also she has recently found out that she has marginal pellucid degeneration in her eyes.And will require a corneal transplant but not until she is completely blind. All these problems have limited her lifestyle and suitable work duties and led to depression. She is currrently recieving fortnightly workers comp payment and is now being pressured to find employment or have her payments stopped. The orthopedic surgeon and treating GPs opions are she is unfit for work, will not recover and the injuries will only degenerate further. Should these injuries be diclosed at any interview or on a resume? As the insurance company feel that revealing this is sobotage.So at what point should she tell any employer of her physical state?

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Old 13-10-2007, 01:23 PM   #2
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Quote:
Originally Posted by FORD EB 4.0
Hi, I have a friend who sustained injuries in her employment due to a fall.Injuries sustained were L4 L5 C1 Lumbar spine injury which is degenerating,cracked patella knee,the lumbar injuries cannot be operated on only fused.The cracked patella requires a knee replacement.Also she has recently found out that she has marginal pellucid degeneration in her eyes.And will require a corneal transplant but not until she is completely blind. All these problems have limited her lifestyle and suitable work duties and led to depression. She is currrently recieving fortnightly workers comp payment and is now being pressured to find employment or have her payments stopped. The orthopedic surgeon and treating GPs opions are she is unfit for work, will not recover and the injuries will only degenerate further. Should these injuries be diclosed at any interview or on a resume? As the insurance company feel that revealing this is sobotage.So at what point should she tell any employer of her physical state?
You need the services of a suitably qualified compo solicitor , not some on line opinion
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Old 13-10-2007, 01:53 PM   #3
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Problem is, the majority of companies / businesses will ask on an enrolment form " Has she ever claimed workers compensation" or "Does she have any injuries current or previous that may stop her doing her job to her full degree"

Meaning that if she applies and says "yes" there is a good chance she wouldnt get the job over the same applicant that says "no"... But if she injures herslef again, or tries to claim compo, or says she cant work then they will find out that she lied on the form and prob terminate her employment.
As ATEC77 said, , best get a decent lawyer...

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Old 13-10-2007, 09:06 PM   #4
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And just to 3rd the motion - get competent professional legal advice - I've got no doubt their fees should be deductible from a sizeable payout, those injuries are horrific and if legal advice isn't sought in this matter, I'd suggest your friend is losing out big time.
My experience as both an injured party and as a business manager, is that the employer responsible will do everything in their power to convince you that legal action isn't worthwhile. Fight hard, don't give in.
Good luck.
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Last edited by OpTrader; 13-10-2007 at 09:06 PM. Reason: error
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Old 14-10-2007, 03:50 PM   #5
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You can say no about getting compo on a work form, but they can now all search workcover related databases. Thats just to give you an idea, because I had forgotten about a work injury (minor) and never got the job, workcover sent me a letter saying XYZ job agency had searched your database entry.
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Old 14-10-2007, 04:07 PM   #6
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No, she doesn't have to put it on her resume or raise it in an interview. I would expect that she would be obliged to disclose it if queried either verbally or on an application form.

One thing is for sure, she should grab legal assistance or the only certainty will be that she WILL get screwed by someone.
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Old 14-10-2007, 07:28 PM   #7
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Why does she need to find work? if she is still on income support and cannot return to her previous employer it is the case managers responsibility to forward her onto a rehab officer and find her work.
Tell her not to be fooled into thinking they can just cut her off.
The problem with workcover is that an independant insurer underwrites the claim but they must stay within the guidelines of the work cover act.
If she hasn't already doneso i would definately contact a solicitor to deal on her behalf. This will force the insurer to pull their heads in. They are only hassling her because she is going it alone and think they can intimidate her.
If she gets a solicitor their payment can be deducted from her section 43 intitlement.

Good luck to her, it ws the worst 2yrs of my life dealing with those tools.
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