A recent case for a Red Union TPAQ branch member has seen a WorkCover decision against them overturned by the Regulator after a privacy breach was found to have caused them a psychiatric injury. This case is a victory for teachers’ rights and shows the importance of seeking assistance & fighting for your rights.
There are some things to always keep in mind when considering WorkCover:
Be prepared to provide evidence to support your claim. This may include medical reports, witness statements, and other documentation.
Be persistent. Don't give up if your claim is initially denied. Appeal the decision and continue to fight for your rights if at all possible.
Seek expert assistance from your Association. A case manager can help you to understand your rights and navigate the WorkCover system.
They will recommend specialist legal aid if it is apparent that the force or effect of the issue (above just an understanding of the processes) needs to be challenged, or if the matter must go to a jurisdiction where lawyer assistance is required.
At any point you are able to seek out independent legal assistance.
Our member's WorkCover claim was initially denied by the insurer, who argued that the psychiatric injury was due to the expectation or perception of reasonable management action and that the instance of reasonable management action precluded any unreasonable management action from occurring.
However, an expert Red Union Support Hub case manager worked in tandem with the member in drafting a comprehensive and detailed appeal, arguing that in fact a privacy breach was the cause of the injury, not “reasonable management action”, as was initially pressed. The appeal also cited case law that establishes that the workers' compensation causation principle is the same as negligence causation.
The Regulator agreed with the arguments and overturned the insurer's decision, meaning that this teacher is now entitled to receive WorkCover benefits, including weekly payments and medical expenses. All up, our member is now entitled to some tens of thousands of dollars in remuneration. What a win!
Fighting for Fair
This case is a reminder that even when employers and insurers try to deny workers their entitlements, there are still mechanisms in place by which a fair go can occur. It also shows the importance of reaching out to your Red Union. Because we’ll actually be in the fight with you. Through an impartial and considered assessment of any workplace decision, our members are much more likely to get what they deserve, even when, at first, it appears a win is impossible.
If you have been injured at work or who have had your WorkCover claim denied, do not hesitate to appeal the decision when able. By helping you understand the finer workings of the process, you may increase the likelihood of an approved claim, ensuring ultimately that you are at no financial loss whilst you recover. By reaching out to TPAQ, she is now protected, remunerated and feeling relieved & fully supported. You can join the TPAV and be protected immediately.
How is the TPAV so effective in defending members during workplace issues and disputes? Our experienced and professional case managers use our unique RED TM case resolution system.
Why is the TPAV different? We believe that real change in education STARTS with empowering frontline teachers, not bureaucrats.
If you are a member of TPAV and need assistance with a workplace issue, please submit a member support ticket on your dashboard, or contact us on 1300 252 777 - hotline@tpav.asn.au
To find out more about TPAV and become protected today visit: https://tpav.redunion.com.au/join