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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Long story short. I was about to head to work night shift

Customer Question

Long story short. I was about to head to work for a night shift and due to flooding two days before on the 2rd of May (which left the ground near the driveway water logged and most of the gravel washed away) ( I had no idea is was that bad) I fractured my ankle in two places as I was stepping from my lawn to get into the car. My husband was doing to drive me in.
I applied to workers comp and was refused as I still was on my property.
I have used all my rec leave and now using my long service leave.
I have another Ortho appointment tomorrow and feel they ll say no (as I can not weight bare) to me going back to work for at least another two weeks.
I work at the Royal Brisbane and Womens Hospital as Theatre Support Officer and have been told there is no light duties in this roll. Ive advised My Managers I ll be happy to do almost anything but may still have to keep the moon.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
I am sorry to hear this but in QLD The Act states that the worker needs to have started the journey without any significant delays or deviations. If an injury occurs within your home or the boundary of your home, you have not begun your journey and therefore will not be entitled to compensation.
Are their any other jobs that you can do in the hospital?
Customer: replied 1 year ago.
I was hoping to work in the clinical transport unit as a controller( means sitting at a pc and manning radios) as I was going this for a few years before moving into theatres but have been told the positions have been filled. And one of those is by a casual. Im a full time employee and have been at the hospital for over 7 years.
Customer: replied 1 year ago.
I have been told to be about to apply for Q Super I have to use all my leave and have two weeks without pay
Expert:  Leon replied 1 year ago.
Good Evening
The superfund may not pay you.
But you can try for hardship purposes.
Have you spoken to HR of the hospital about any other positions that you can do? Do you have a doctors report that sets out what you can do?
Customer: replied 1 year ago.
I have spoken to HR and it was them that helped me fill out the paper work for work cover. And up until now I was told not to use my ankle at all. I have stated before I ll be heading back to the an Ortho appointment tomorrow.
Expert:  Leon replied 1 year ago.
Good Evening
You need to get a detailed report from the Ortho about how long you will be off work.
Also what type of work you can do and then go back.
In a hospital they should be able to give you some work that you can do.
For hardship you have to apply through centrelink.
Also speak to your doctor about possible benefits from centrelink until you can go back to work.
I hope this makes sense?
Customer: replied 1 year ago.
Thank you ***** been told that it could take 6 weeks to receive anything from and that once the paper work is put in,
I think my management are worried I have to stya in this moon boot for sometime and see this a health and safety issue.
Im just so worried that if I get truly physically sick I have nothing to fall back on. I seems so unfair that I know I would not be in this situation if I was not going to work that night
Customer: replied 1 year ago.
from centrelink *
Expert:  Leon replied 1 year ago.
Good Afternoon
You have to lodge the application.
They will backdate the payment.
You can also try to get a release of your super.
http://www.humanservices.gov.au/customer/services/centrelink/early-release-of-superannuation
But be aware that it will be taxed at a higher rate because you are getting it early.
But do not worry about the delay in payment to not apply for centrelink payments.
Good luck If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 1 year ago.
Again thank you have a great night
Expert:  Leon replied 1 year ago.
Good Evening
All the best
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
Please do not forget to positively rate my work as I am not paid otherwise.
Thank you
Expert:  Leon replied 1 year ago.
Good afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon