WORKCOVER GONE BAD!!!

The accident:
Tony and his wife were hit by a red light runner on the intersection of Waymouth Street crossing over King William Street onto Pirie Street at at high speed. So severe was the accident that it knocked his car from off it's course and rebounded off the Adelaide City Town Hall. It made headline news the next night with Adelaide City Council Lord Mayor Michael Harbourson making a statement that they would ensure that current roadworks (due to the extension of the Tram line) would be altered so that an accident of this severity would never happen again.

The Injuries: (initial serious trauma diagnosis)

Occipital condyle fracture, undisplaced
Left pneomothorax, lung contusion
Multiple rib fractures left (2,3,4,5,6)
Scapular fracture left
Clacivle fracture left
Anterior + posterior pelvic ring fracture, lateral compression type with superior and inferior pubic ramus fracture left, illium fracture, Sl widening right
Subcapital femur fracture left, Garden IV
Hypertension
UTI
Whilst in the operating theatre, Tony died twice

The Injuries: (Secondary recovery diagnosis)

Scapular fracture top left
2 additional pelvic hair fractures
Rib hair fracture (7)
3 dislodged teeth

The Recovery:
- 4 days intensive care ward
- 8 weeks Orthopedics and Trauma Ward
- 3 weeks College Grove Rehabilitation Hospital
Current Recovery:
Outpatient College Grove: Hydrotherapy, Physiotherapy
Specialists: Hips, Upper limb, Physiotherapy, Acupuncture, Psychologist, Occupational Physician, Orthopedics, Speech Pathologist, Chiropractor

The Medication:
Tramadol, Capadex, Ranitidine, Perindopril, Paracetamol, Oxycodone, Warfarin, Fish Oil, Flaxseed Oil, Evening Primrose Oil, Glucosamine with Condrotin, St Johns Wart, Mannetech Ambrotosa/G1/Ambrotose

The Decision:
Claim No: 9007856/1
Employers Mutual Limited as claims agent acting on behalf of the WorkCover Corporation has determined to reject the above claim , under section 53 of the Workers Rehabilitation and Compensation Act 1986, as amended (the Act). The primary reasons for the rejection are as follows:

"After reviewing the investigated statements conducted by Verifact Investigations and provided by Mr Anthony Savage, Mrs Robyn Savage, Mr Timothy Kowalick and Ms ****** ****** and after perusal of the medical records and the SA Police Collision Report, we have concluded that your injuries did not arise out of or in the case of employment pursuant to section 30(2) of the SA Workers and Rehabilitation Compensation Act, as amended."

"Furthermore, we also reject your claim for compensation pursuant to section 30(5) and 30(6) of SA Workers rehabilitation and Compensation Act, as amended. After reviewing the above evidence, we are not of the belief there was a real and substantial connection between your employment and the accident, out of which your disability arose."

Employers Mutual

Tony's Review of the decision:

The following is an extract from the WorkCover SA web site
When is a travel injury covered under Worker's Compensation?
Injuries incurred during a journey accident are covered by WorkCover SA if:
- The journey is for the purposes of carrying out employment duties, or
- The journey is between the Worker's home, or place of employment and an educational institution (for apprenticeship, other legal obligation or at the Employers request) or medical or rehabilitation appointment or to receive Worker's compensation
and there is real and substantial connection between the employment and the accident from which the injury arose

"As a direct result of my work I traveled outside of the normal route home.Had I not been in the position where I was engaging in business dealings with a potential investor, and had I not been asked to drop these people off by our client at that time, none of this probably would have happened!."..."Secondly, I was on my way to another meeting...how much work related circumstance do you need to qualify for workers compensation?...it's a bloody farce!..what the hell am I paying WorkCover for?...but I bet you that if I don't pay they'll (WorkCover) be right there to hand me a tidy fine!"

"Since I went public with my story on 'Today Tonight' I've had people stop me in the street, and with a tear in their eye, tell me of the cruel and heartless treatment they have received from WorkCover and Employers Mutual...these people have been demoralized, both financially and emotionally, making it almost impossible to pursue what they believe to be within the guidelines of the Act...even our own investigations into WorkCover and Employers Mutual have revealed an alarming number of complaints across the board. The most alarming complaints I've heard come from sectors of the legal fraternity who now refuse to deal with WorkCover issues due to the incompetent and stifling nature of a beaurocratic system that is obviously failing."

"It appears that all claims to go through the investigative process are rejected by default, and only the strong of mind and money can successfully dispute a tribunal system that is obviously geared against the workers of South Australia."

Tony Savage