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Discussion in 'The Pub' started by NiteKreeper, Mar 19, 2012.
I know it's a long shot but I'm in desperate need of some advice and clarification.
Sort of....what do you need to know?
OK, here's the thing - couldn't hurt to play it out in the open...
My crash is covered by WorkCover, since I was on the way home.
I've been restricted to light duties, 3 days a week for the last 5-6 weeks.
But I also do regular, scheduled overtime - as it happens I was supposed to complete 2x1 week stints during my recovery, but wasn't allowed.
Work offered me "make-up pay", to make up for the lost overtime - I have email that states it's "lost overtime"...
It's taken 6 weeks to get their act together and I'm already hurting - That 2 weeks of overtime should've earnt me about $3K net, which I need right now.
And here's where it gets sticky...
Because I've only been working 3 days, I'm only being paid for 3 days! This "overtime make up pay" is being used to make up my normal salary, with about $400 left over as "overtime".
My thinking is that because it's WorkCover, my employer should pay me 5 days per week, with the insurer kicking in the 2 days I'm not actually there.
Therefore, any "overtime makeup pay" is in addition to my normal fortnightly salary, not part of it.
Of course they're not seeing it that way, and won't even discuss it with me further than their rigid explanation of "policy"...
The result is that my net pay tomorrow is almost $2K short.
No expert in regards to the overtime pay, but having just gone through something similar work should be paying you for 3 days and WC the other 2.
I'd hazard a guess and say because its overtime (even though its a set thing) it's not part of your bae weekly wage, which is what WC look at.
Not quite 665, although I appreciate any input at this stage...
They seem to have averaged the overtime competently, and I agree with the figure they came up with - pretty easy, since it's literally an average of my hours over 12 months...
The problem starts when I expect 5 days pay, and then my overtime on top...
(And for reference, my claimed hours jump from 35 to approx 75 in an overtime week - it's a solid earner that I was depending on this time...)
Having been through a fairly in depth workers compensation case myself NK, the way I understand it is that your employer is meant to pay you for the time you are at work/available to work and the insurance company should be "topping you up".
For arguments sake as you said, you are only allowed to work 22.8 hours a week, where as your normal week would consist of 38 (not including the overtime you mentioned).
Your insurance company should be making up that extra 15.2 hours.
As far as I know there are no legal requirements of your employer to pay you any overtime you may have lost. I am by no means qualified to say so, but I do not think it is something you are "entitled" to.
I am actually entitled to it under legislation, according to the WC insurer (Allianz).
However my Allianz contact can't do much, because they're not actually paying me anything; work pay my salary, and Allianz pay work.
Which makes it worse in my mind - someone's eating 2 days of my pay every week!
You really should be getting a full weeks wage, not matter who is paying it. Am I reading it correctly that despite the overtime top up they have given you, you are not actually receiving a full weeks wage?
Not quite Spruce - I'm receiving slightly more than a week's wage, but it's about $1K less a week than I was promised.
Without giving away numbers...
My pay is $1 per week, normally.
I would normally average another 45c in overtime, given it's one week out of 6 I perform.
I was promised $1.45 per week total, comprising base + makeup.
Instead, they're only paying me 60c a week, because I'm only working 3 days.
They they add the 45c "overtime", which brings me back to $1.05
So I'm effectively 5c in the black.
But they're still not paying me for those 2 days, and they should...
Yes, you should be getting your full pre-injury wage. Under most awards you are entitled to that for 26 weeks.
Time to see a workers compensation lawyer.
Reached that point this afternoon Thera, and put a feeler out - it's been suggested I email a specific person for advice, which I'll do tomorrow...
EDIT: I've just emailed the lawyer...
I have physio tomorrow, which is probably a good thing - yes, I actually act the way I post...
Then it's off for a spot of retail therapy - I need a new helmet if I'm to ride in on Wednesday and tell them all to get fucked - I'll have my overtime back now, thanks...
They go back three years on your TAXED income and take the av. Any income lost form that av is subject to personal loss caused by the accident.
A no win no pay wont cost you anything up front. But will take up to 35% of your compensation.
A pay by the page........... I would have eight to ten handy for a twelve month period.
Or your last way is to go direct to the third party insurer and make a self claim....lots of work.
The minimum you should be getting paid is for a 38h week. That's a given. Now the regular overtime/Penalty rate issue I am not sure about and the insurance company would be better placed here as the regulations are slightly different depending on the state you are in as well.
I think that if you are getting the run around 1) record everything (time/day/person/what was said) and keep it in a shoe box if necessary 2) get a lawyer as they know whats possible and whats not.
Thanks Spocky - I've got good email chains and have had similar advice from others tonight too.
I will be speaking to a lawyer tomorrow.
Before you start paying a lawyer? Don't you have a union? Your union official would have this solved in a heartbeat because it is extremely clear cut in the legislation.
You get payed a weeks wage no matter what.
Then they average your overtime as performed in the 6 months prior, and you get payed that too.
Someone is screwing you, and if you have a union where you work, they can get it resolved fast, and free.
I'm not paying anyone VTR, and I'm also awaiting a response from the union.
If I waited for everyone to get back to me though, I'd be waiting another month for action - it's already been 6 weeks and I literally cannot afford to let it rest right now...
netrider mob out front of your work to yell rabble rabble rabble until demands are met? (bullshit aside shit go - am trolling as much internets as i can and will get back at ya if i find anything - yeah...before you ask...i literally have nothing better to do.)
edit - by the sounds of this i'd be getting at your employers insurer as they are the people whom make the calls - at the least you should be able to enquire over the phone if a decision has already been made on your case and if so you can either have the rate's and situation explained to you along with enquiring how much you should be receiving in total as your concerned that with you having essentially set over-time and your earning a good 4 less of the moment....play the dumb card if need be - point is you need the money...rattle the cage - if your work gives you the axe you'll earn alot more than 4 bob out of em (i understand a good amount of people like our jobs and don't want to be looked at differently for such actions but fook we all have bills to pay )
on a side note reading parts of the workers compensation act 1987 (seems horridly out-dated and probably need to see if i can find a page where they list any and all amendmants to the act)
http://www.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/ <--- workers comp act for the record.
..and this is the 1998 act --->>> http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N ...
mind you i just came across this
4. Cancellation of overtime, notice of
Under most awards, no notice is required to be given to an employee when it is decided to cancel overtime which had previously been informed would be required to work or which had been customary for the employee to work. However, in many instances, an award may provide for the payment of a meal allowance where the overtime to be worked was cancelled.
the immediate above - if legit - can bone you....there might be exceptions regarding worker's compensation and for your sake i hope so.
i've also read elsewhere (the 1987 workers comp act) that the weekly payment made is to be a maximum of one thousand dollahh....and with the above stating meal allowance to be paid in certain circumstance's of over-time being previously offered/told to work...maybe that's where your 5 is coming from
might be an idea to read that page to