QLD Rights to Claim WorkCover Evidence from Employer?

[Qld Louise]

Hi

I am a mid-level manager in the Qld public service currently on stress leave. I have been using existing sick leave and the Employee Assistance Program to see a psychologist. These supported options are running out and my psychologist suggested I commence a WorkCover claim.

Workcover set this Friday as their deadline for my evidence. I have asked my immediate manager for the dates of Professional Development Agreements (PDA) with one of my staff going back to 2012. I suspected they would cite privacy issues if I asked for the actual agreements but thought that requesting only the dates I signed the agreements would not be an issue.

The subsequent advice from the Director of HR was that "A PDA is a confidential employee record of the person whose PDA it is. Information about a PDA and its contents are only accessible to other persons as part of the supervisory / management process. Provision of the PDA information outside of this process could be considered a breach of the employee’s privacy."

What are my rights in gathering this evidence from my workplace to support my WorkCover claim?

Regards,

 

[Tim W]

Let's be clear - you are on Sick Leave.
Even though the term is in wide colloquial use,
there is no form of leave known as "stress leave".

The point of difference is that nature of your illness/ injury
is mental ("stress"), rather than physical ("broken leg").
But it's still Sick Leave.

Among other things, you will need to see a psychiatrist.
To enliven a compensation claim, your injury requires a medical diagnosis,
which only a specialist doctor can provide.
There is no alternative to this, and no, your psychologist's report(s)
won't cut it.

You will need the case-specific advice of your union and the lawyer they arrange for you.
If you are not a union member, then you are on your own.
In such circumstances, the legal and medical fees will be your own, at least initially.
Workers Comp claims are not always and automatically covered by Medicare.
You will need to discuss with your chosen doctor lawyer about costs and fees.

You may expect to be resisted at every turn by both the agency,
and by individual managers within it.
This will include both genuine and false claims of privacy restrictions.
Your lawyer will be able to advise you on the correct way to subpoena
or otherwise gain access to, relevant documents.

You are perhaps now feeling a certain trepidation.
That is completely valid.
You have chosen a difficult path, and I wish you well with it.

 

[Qld Louise]

Thank you for your reply Ben.

I have been told many of the things you raise by my psychologist. She painted a grim picture of claiming stress related injuries through WorkCover.

I am a bit unusual in that I really want to return to work. The current hostile environment makes that very difficult for me though.

WorkCover advised that they 'might' be able to obtain certain documents from my agency although they have a vested interest in reducing claim costs so I am not too optimistic of ever seeing the critical evidence supporting my claim.

Could you suggest specialist lawyers in this field that I could see about obtaining untainted records from the department?

Regards,

 

[Qld Louise]

Sorry Tim...I have Ben on my brain at the moment.

Apologies