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I have been through a Workers compensation process for a…

Customer Question
Good afternoon, Lawyer's Assistant:...

Good afternoon,

Lawyer's Assistant: Hi. How can I help?

I have been through a Workers compensation process for a psychological workplace injury that occurred from 14/06/16 - 30/10/16 after which I have been unable to return to my place of work. When I initially was required to fill in a general Form 2B for my Workplace injury, there was a small gap for the date of injury on this general injury form. My workers compensation agent did not advise me correctly how to complete a stress claim spanning over 5 months, and a single date wat placed on the form, one date in which I was singled out and falsely accused of something dispicable by my employer. Due to the ramifications of this single date on the form, I was advised to withdraw my case set for Conciliation at Workcover in March 2017. According to the Workers Compensation rules, I was informed by my agent that, in order to submit a new claim with the correct information depicting the 'action' or workplace injury date, I was required to wait 56 days and start again with an entirley new form, and an attachment from my GP to explain details of my 4 1/2 month injury. I did this. My new conciliation date was eventually set for 15 September 2017 for an injury that took place in the months following a general workplace inquiry by management on 14 June 2016 until admission to hospital on 30/10/2016. sorry, still explaining.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

SRBLegal, acting for the Defendant kept insisting that the date was 7 September, a single date (error on the first form). At Conciliation, they did not mention the disputed date. Only a Settlement offer was discussed. wa

Lawyer's Assistant: Has anything been filed or reported?

I received the Deed of Settlement papers. SRBLegal mentioned in an email that the Writ or Resignation. The Deed was to be signed in accordance to the action and Indorsement of the claim. My agent did not inform me that the Endorcement was going to be included with the Writ, to be received by myself, only after I had signed the Deed of Settlement. On the indorsement, the incorrect Date of Injury has been placed. ThiDate has taken a year of my life to sort and correct, prolonging my case and my healing. It has cause me the most unbelievable further psychological damage and I have been to mentally sick to return to the workforce. I believe that this incorrect date could also have a huge impact on my future. This date was so very important to correct. I do believe that my Workers Compensation agent has not served me appropriately, he would have been aware that the Endorcement was not in accordance tp the claim that I have had so many extra months of stress to correct.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My agent, John Charouhas, is an independent agent, registered under Workcover. I have tried to discuss this injustice with John Charouhas who has not involved his lawyer. I have not placed a complaint with Workcover, as I think they may just cover for my agent as he is registered with them. This Date has caused me such deep depression as I have been required to respond to endless documentation over the past 8 months, and so much damage to my health. I wish for the 'lack of correct advice and service my agent, John Charouhas to be investigated. please. Is there any way in which this date that is on legal documents can be corrected?

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/8/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,078
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

have you issued any correspondence through Fair Work Act ?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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