Injury Management and Rehabilitation Policy ignored by the PCBU

On 5 November 2020, I received a letter from the workers compensation solicitor approved and funded by IRO. The solicitor was recommended to me by a lovely counsellor from a service connected with SafeWork NSW and SIRA NSW. I would not have even known how to do this, had she not recommended one to me.

Not only was I not kept safe and protected in my workplace by regulators, no one was kind enough to provide information I needed to know, through this “process”. (Eg. The National Tertiary Education Union and the SafeWork NSW inspector. The WHS & Wellbeing manager and Return to Work coordinator had a legal obligation to communicate and inform me as per Injury Management Plan agreement, but they were coerced to engage in the offensive act of psychological terrorism by HR and the national manager of employment relations and SAFETY).

My issue, at this point in time, was with SafeWork NSW. The SafeWork NSW inspector, whom I pleaded with to use her authority to stop the bullying, targeted me with more bullying.

And after the SafeWork NSW inspector added more injuries and emotional scarring, including victim blaming and discrimination, she then handed me over to a counseling service. Wow, right, readers?

This is not only systemic abuse. It is SYSTEMIC GASLIGHTING.

I had no idea how this “process” worked. And as I review my documents to write my thriller story of workplace psychological terrorism by a PCBU committed to the dignity of the human person in its Mission and Identity, I realised, in my case, I did not need to enlist an IRO funded workers compensation solicitor.

The responsibility lies with the regulator, the NSW State Insurance Regulatory Authority, when an employer and its self-insurer do not pass on workers compensation benefits, including weekly payments, while NOT cooperating to implement the injury management plan agreement, which is FRAUD.

Both SafeWork NSW and SIRA NSW (who’ll soon enter my story), could have stopped the financial, professional and psychological damage by ENFORCING COMPLIANCE on ALL KEY STAKEHOLDERS AT THAT TIME!

I became a soccer ball in a horrific system, that doesn’t take care of its taxpayers, so the taxpayers can continue being productive, while working in safety and with dignity and respect.

I’ve come to realise that the objective of IRO funded workers compensation solicitors is to negotiate a lump sum payout, Whole Person Impairment (WPI) assessment for weekly payments and cost of medical expenses. I do NOT want a lump sum payout, I do NOT have a permanent impairment needing assessment, but I DO have an EMPLOYEE RIGHT to RECOVER IN MY JOB!

I had told the paralegal that I didn’t want a lump sum for permanent impairment (and I had no idea the medical assessment had to do with this - I could have avoided more of that shit). I wanted my right to return and recover in my job. She said they do both medical expenses and lump sum together to save time, and that I needed to contact an employment lawyer if I want to be re-instated.

I started hyperventilating from the trauma of having already enlisted the services of THREE employment lawyers who DID NOT give a damn to protect my rights as per generally protected rights under the Fair Work Act 2009 (Cth) - and likely couldn't with this level of abuse of power and undisclosed conflicts of interest, across jurisdictions.

IT WAS THE THIRD EMPLOYMENT LAWYER I HIRED WHO ADVISED ME TO MAKE A CLAIM BECAUSE, TO USE HER OWN WORDS, “IT’S NOT WORTH YOUR HEALTH.”

NO ONE WAS EXPLAINING HOW THIS WORKED.

I was kicked around between employment and workers compensation solicitors with NO RESOLUTION, NO COMPLIANCE ENFORCEMENT BY THREE REGULATORS (SAFEWORK NSW, SIRA NSW AND THE FAIR WORK OMBUDSMAN), AND SERIOUS FINANCIAL DAMAGE CAUSED BY THE CRIME OF FRAUD!

I repeat:

The NSW State Insurance Regulatory Authority allows self-insurers to continue this level of diabolical adverse action, including refusal to cooperate with the implementation of the injury management plan agreement, while also withholding legal entitlements including weekly payments at 95% of one’s salary for the first 13 weeks of a claim and beyond, thus committing WORKERS COMPENSATION FRAUD.

Below are screenshots of the Injury Management and Rehabilitation Policy, one of several policies that were completely ignored.

But as the SafeWork NSW inspector said to me, “Well all they’ll do is show me their policies and I don’t want to ruffle feathers.”

This post is based on documents 132 and 136a. The next post will be another horrific “doozy”.

Injury Management and Rehabilitation Policy the PCBU never applied - Image 1

Injury Management and Rehabilitation Policy the PCBU never applied - Image 2

Injury Management and Rehabilitation Policy the PCBU never applied - Image 3

Injury Management and Rehabilitation Policy the PCBU never applied - Image 4

Injury Management and Rehabilitation Policy the PCBU never applied - Image 5

Injury Management and Rehabilitation Policy the PCBU never applied - Image 6

See also blog posts describing the WHS violations by the very WHS duty holders for the entire 6 months in Intentional Infliction of Emotional Distress, reckless and wilful misconduct with intent to sustain harm! But the SafeWork NSW inspector also said to me, “I’m not here to play he said she said!”