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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am based in WA and am waiting to receive a workers comp

Customer Question

I am based in WA and am waiting to receive a workers comp claim from November 2015.
I was employed by a maintenance service company for 3 yrs and had 9 days off from work during late November and early December 2015. I have since ceased employment with this person but am still waiting on the payment. I actually sent in the compensation paperwork to CGU as the employer took his time to do so. I have been in contact with the Insurer several times and also have discussed this with Work Cover. I was notified that the claim was accepted on 24th December and on 31st December I was sent a letter to tell me what the amount would be that I would receive. Work Cover have said that the employer would pay this and then CGU would reimburse him, but that has still not happened and given the full circumstances of the situation with the employer, I don't expect to receive it. Work Cover has informed me that they can't actually force the employer to pay this once he has received the funds from the Insurer. I have asked the Insurer why they can't pay these funds to me directly, so that I can ensure I get it. After all - this is my wages.
I am also waiting on 2 outstanding invoices from December from this employer - valued at around $2K and have sent these to him via email several times with no response. He did however, contact me via phone text over Christmas saying that I would not get another cent from him, as well as other obscenities.
This person has also not paid me any super for the whole time I worked for him, and my accountant also sent a letter to him back in August to prompt him, but to no avail. This is now being looked into by the ATO super.
So clearly I do not have a lot of confidence in receiving the workers comp funds from him, as I know he also owes several of his workers payments - some up to $10K.
We just want what is owed to us and nothing more. Is there anything we can do to sort this out?
Thanks.
***** *****.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months 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. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are you still in WA?

How much are you owed?

What other claims do you have? Medical?