Medico Legal compensation processes

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6 years 10 months ago #20113 by Collins
Medico Legal compensation processes was created by Collins
Hi all

I came across compensation in the tab bars and I found the video by Wendy Berkeley who is a lawyer and has navigated her way through workers compensation as a person with Chronic Pain.

In the video Wendy states that the system should be overhauled and how she avoided court altogether by successfully arguing her case through the medico legal processes.

I am currently in the medico legal process and was becoming excited by the prospect of learning how to do this but then suddenly the video stopped (as it had ended). It would seem that this secret will remain a secret and was not even disclosed by a lawyer who had Chronic Pain herself.

Does anyone know how this can be done?

I note that pain and suffering carries a maximum of $50,000 in compensation, yet my lawyer states that my case is about $8,000 - $12,000 for pain and suffering that I have endured! Apparently this is based on other legal benchmarks set in other cases.

I trust my lawyer is looking after my best interests however I am at great odds with this from the outset as I would happily give either all my money an possessions and / or a million dollars (If I had it) to not have had all this pain and suffering for the last twelve years! Most of my time is spent disabled and on the ground from severe Chronic Pain in my upper back (T5), so I just cannot get my head into a position where I can sign this document accepting the amounts.

Does anyone know how this is calculated ? Does anyone know what an extreme case is to get the maximum amount?

To be honest here, the maximum amount would not even cover suffering let alone pain, so even if they offered me the maximum amount, I would feel that I would be getting an amount for one of them and counting my losses on at least the other.

This is going to come to a head with my solicitor because I just cannot bring myself to physically signing this document nor do I ever expect to be able to do so (even though I have faith in them in serving my best interests!) So I am trying to get an understanding here or insight into how this works in order to either:
1. Appease my solicitor into claiming a greater amount
2. Appeasing my mind somehow or someway, so that I can physically come to signing this document (which I cannot see at the moment how I could ever do!)

Any input/ thoughts/ education into this biased and unfair system would be appreciated!

Regards
Jamie

One of the silent voices, supporting CPA

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6 years 10 months ago #20114 by Peter
Replied by Peter on topic Medico Legal compensation processes
G'Day Mate,

I'm afraid we don't have that information. We don't have any legal Eagles in the organisation who could answer those questions, or who would work in that field. How Wendy did whatever she did, from what I remember seeing of the video, she never discussed.

Unfortunately, everyone suffers the same issues when dealing with Workcover, because the red tape is set up to always benefit the govt and not those who suffer and make claims. In some respects, I'm glad it's like that, because there are so many crooks out there embezzling money out of the govt using compensation claims. Problem is, the govt has now gone over board with protecting itself from illegal and deceitful claims, thus making innocent and honest people suffer unnecessarily.

Jamie, if you're not happy with the lawyer you have, why not go seek a second opinion.



Peter

I wish the ring (this Chronic Pain) had never come to me. I wish none of this had happened. (Frodo Baggins)
So do all who live to see such times. But that is not for them to decide. All we have to decide, is what to do with the time that is given to us. (Gandalf the Grey)

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6 years 10 months ago - 6 years 10 months ago #20115 by Collins
Replied by Collins on topic Medico Legal compensation processes
Hey Peter

Problem is, the govt has now gone over board with protecting itself from illegal and deceitful claims, thus making innocent and honest people suffer unnecessarily - That is the problem for me!

As for it being the way it is, because of scammers, I am sorry but I disagree with you here and in line with many other well known health professionals, simply because nobody would go through the lifestyle changes, taking medicines you hate, waiting lists, appointment schedules and stigmatisation that you/ I and others have gone through, that literally take all the fun and enjoyment out of living, not to mention the fact that scammers will not and cannot keep it up for extended years without getting caught and having to repay the money.

It's not that I am unhappy with the lawyer, quite the contrary because she seems very nice and helpful.
I do need a second opinion, but I am now contracted to the current solicitor anyway
Perhaps I need to discuss this further with them but:

The problem is this:

If you had to put a figure on all the pain and suffering you have faced, what would it be worth to you?

Now lets just say you come up with a figure that you would be prepared to take it all away for the rest of your life, lets just say conservatively you come up with a figure of $250,000 or even $100,000 (forgetting all your previous pain and suffering)

Then just lets say you were told the maximum is $50,000 and then you were told by your lawyer it was $10,000 and you need to sign here.

Would you personally be able to sign it?

This is the part I am having difficulty with!


Its a shame that Wendy is not around, its like there is a part two to the story and she was about to tell it (the most important part I might add) and given the importance and her views on the subject you would think that she would speak about how to go about this stage of processing so that one could get fairly represented and avoid the courts altogether by simply explaining the context better as opposed to arguing the context in court.

(Regardless I feel compelled to sit in a court anyway - I want the judge etc to know my story of how I was abandoned by my employer and all the crap I have had to endure since with no support whatsoever, which has only made my condition worse over the years - someone has to pay for this and someone has to listen to my side of the story!)

Its just as I said - I was waiting for part two - and given Wendy is not around this breakthrough will now remain a secret forever


Regards Peter

Jamie

One of the silent voices, supporting CPA
Last edit: 6 years 10 months ago by Collins.

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6 years 10 months ago #20116 by Peter
Replied by Peter on topic Medico Legal compensation processes
Mate, I understand where you are coming from and commiserate with you. The same thing actually did happen to me a long time ago, regarding a whiplash injury to my neck. I was young, married and had no money and was forced into agreeing to signing a form worth only a couple of grand. That would be equivalent to your 10 grand today.

Would I sign today?
I just cannot answer that. For me, I would rather not be paid any money at all. I would rather they just look after my medical needs, so that it didn't cripple me financially and that I could receive the best treatment that will hopefully get me back into the work force. That is if I was still of the mind and age to work.

I'm now in my late 50s and there is not a snowballs chance in hell of anyone employing me, just on the age factor alone. Being broken as well, means that employment for me is nothing but a fairy tale.
Volunteering is about all I am capable of today, but I don't get paid for it, which is why they call it volunteering.

As for Wendy's video, I have no idea if there is a second one. I had nothing to do with those videos and I don't even know half the people in them. So I can't help you I'm afraid.

Jamie, we'll have to disagree a bit on the scammers thing. You are right, it isn't all about them and because of them. It is mostly the insurance companies wanting to protect their money so they can pay out large dividends.

However, the truth is that there has been a very large problem with scammers and they have caused all of us a lot of pain financially.
This has been an ongoing problem for decades and will probably keep happening. There are a lot of dishonest people out there, who will do anything to get money and there are many who keep it up for years. Very few of them get caught, because the system is so big and cumbersome that it would cost millions just to look for these crooks.

Anyway, I do hope you are able to get a better deal. There is nothing worse than having a work related accident and then being left in the lurch by the system.


Peter

I wish the ring (this Chronic Pain) had never come to me. I wish none of this had happened. (Frodo Baggins)
So do all who live to see such times. But that is not for them to decide. All we have to decide, is what to do with the time that is given to us. (Gandalf the Grey)

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6 years 10 months ago #20117 by Collins
Replied by Collins on topic Medico Legal compensation processes
Hey Peter

I like you have a similar wish

For me, I would rather not be paid any money at all. I would rather they just look after my medical needs, so that it didn't cripple me financially and that I could receive the best treatment that will hopefully get me back into the work force. I had the best jobs - driving a fire truck down the road with lights going is the most awesome thing I have ever done and I never got sick of it! I was about to PSO to Captain in the Army - at the time of my accident another awesome job. I could make a lot of money as a PC technician working from home - but I am just not well enough to do it - the PC would sit there for weeks before I could even attempt it under the right conditions

That is if I was still of the mind and age to work but I am now almost 50 and nobody will employ me, not even as a volunteer!

I have even tried to be a volunteer on call many times (if I am able / well enough to), but they all know how I am and so they don't even bother to ring me to see if I can help.

Its probably because I need to lay down every 2-3 hours and cannot be responsible for money people or equipment nor can I add a simple sum or hold a phone for long, but I could keep someone company on some days or write a short email but that just means I can socialise as a hobby and does not mean I can volunteer as such.

I was just hoping Wendy would still be around to provide that secret of how she did it or even someone else.
I guess I will just have to speak to the solicitor about it and go with whatever comes out of the discussion.

I have heard of scammers on TV, but I cannot conceive that anybody would go through all the trouble, that I have had to go though or even put up with, over many years. My psychiatrist said exactly that to me once, nobody goes through what you do over many years unless there is a genuine reason - people just don't do it, so I cannot imagine that there are many out there in reality. Just my opinion I guess.

I have however heard of drug addicts faking for pain killers and that is a problem that we then go through stigmatisation when trying to get them for genuine reasons - these evil people we have to put up with, but at least the system is constantly cracking down and trying to get rid of them/ weed them out.

Thanks anyway Peter
Regards
Jamie

Thanks

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6 years 10 months ago - 6 years 10 months ago #20118 by Mary
Replied by Mary on topic Medico Legal compensation processes
Hi Jamie,

You may not be able to volunteer at the things that you did prior to CP, but there are a myriad of organisations who are looking for volunteers. Try the Volunteering site for your state. I am sure that some people would be glad to have someone to help, even if is was intermittent and not for long hours.

I think that most of us on here have lost our careers because of CP. I know I did, but if you think about what you are passionate about and do some research to find if there is a spot where you could volunteer. Then have a chat to someone and explain your position. You may find something that doesn't require too much physical effort etc.

Anything is worth a try so that you can think about something other than pain for at least a few hours occasionally.

It's food for the soul :)

Mary

PS. That video would have been made a long time ago and so there is no follow up and I would guess that it was more advice than a magic bullet to working through WC. If there was something as good as that, I think it would have become widely known by now.

Not every day is a good day, but there is good in every day.

"“It’s delightful when your imaginations come true, isn’t it?” ― L.M. Montgomery, Anne of Green Gables
Last edit: 6 years 10 months ago by Mary.

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