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TAC (Vic) - Loss of earnings

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by undii, Jul 19, 2006.

  1. Well it appears I will actually be taking unpaid time off work soon due to my injury. I called TAC today to find out what has to be done for them, 6 weeks of payslips prior to accident/inmjury + medical certificate from a doctor stating what's wrong with me and how long expected to be off. The latest list of numbers for Loss of earnings is available at http://www.tac.vic.gov.au/upload/Indexation-2005.pdf

    The only downside is that the 80% of pay that TAC will pay is quite a hit to my pocket. Already paying $300/wk rent at moment and with my wage, 20% of it is a bit. I guess overall savings won't be happening too much while I'm off work but my physical and mental health is a lot more important than financial situation :)

    Does anyone have experience with how TAC handle Loss Of Income whilst one is actually off work, i.e asking for on-going certificates needed. Depending on what I am told tomorrow with my options, I have to see the severity of my surgery + time needed off to recover/heal/physio etc. I think the idea of saving for a new car to replace my current and overseas trip next year might be thrown out the window. Damn injury, it can really change ones life huh? :cry:
  2. Umm, well they never actually paid me So good luck
  3. I took some of my 200+ days sick leave I had. Our personnel section filled in forms which I signed and they were able to claim some of it back.

  4. Ah that's pretty sucky!!! :( Can you say what happened with it? Like do you know why they didn't actually pay you and stuff?
  5. TonyE: Wish I had 200+ days sick leave but that's one of the drawbacks with my job. I only get 12 days a year and it doesn't accrue with each year so we can't build up sick days. But the benefit is I do have a huge paying job but I'm fooked if I have to take heaps of time off (and TAC don't cover it???)

    I just spend like $30K+ of my savings in the past month. The new bike, extras for it, insurance, new gear. Also spent $$ on family things. It almost bought my savings to near nothing so I'm back up to building savings up.
  6. I have been dealing with the TAC for about 8yrs now and they have been nothing short of perfect.

    I know, I'm the odd one out.
  7. They where pretty good with me. You just have to talk nice and you get the same. After you orgaise the initial paperwork they pretty much do the rest from there. As far as the ongoing issues useally it just involves a monthly trip to your doc for a certificate, cause they have all their own times for healing and such from previous clients. Overall mate they are slow as all government departments are but they get there in the end. Dont forget that their decisions are not final as you have three forms of appeal the last being a totally different entity from the TAC. If you have any more questions mate just drop me an email or pm and I will be happy to answer themas best as I can
  8. I know for a fact that some cases TAC will put a private investigator onto some claims doing surveilance to see if the person claiming is affected as they and their doctor claim.

    Just make sure you don't do anything that could be construed to contradict the reasons why you are unable to work.

    I don't know what prompts the investigations, whether it's ongoing cases or tip offs, but I do know it happens.
  9. My mother seriously injured her back and neck years ago in a car accident and couldn't do much at all. She was off for about six months.

    After about four months off work she got a message asking her to come in for a review with an inspector. When she got there (with a lot of difficulty since she had to come down to the city from Alexandra) they told her she'd been video'd hanging out washing and doing the gardening.

    She denied it and they played the video. Very, very red faces when they put the video on and realised it wasn't her - it was her cousin who was over helping her out. :LOL: :LOL:
  10. Ok, I just had a meeting. I JUST GOT SACKED!!!

    Does anyone know what I can do about this??? As it was laid down, the overall thing, of my accident/injury the owner doesnt know if I will be any good for the company. Could anyone PLEASE state what I can and or should do (income loss etc?)

    Im in a fcukED position now!
  11. Number 1 - Workchoices Legislation explicitly states:

    An employee can apply to the AIRC if they believe their employment was terminated for an unlawful reason, including:

    temporary absence from work because of illness or injury;

    Unfortunately there's also this

    The AIRC may dismiss an application for unfair dismissal without a hearing if it is clear that:

    the employer has up to and including 100 employees;

    Go and check out some legal advice as state based discrimination laws may still cover you.

    BUT don't panic, good sysadmins are hard to find.

    Mind you if you are earning really good money then you're out of luck as well ...

    Employees that are excluded from federal unfair dismissal laws include:

    employees earning $98,200 or above.

  12. They cant sack you because of your accident just cause he thinks you cant do the job. Talk to the idustrial relations commision about false dismissal as I reckon whats happened to you comes under those laws and then youve got him by the short and curlies mate as they cant just sack you on their opion it must be a professional one not your bosses.
  13. I've been on TAC since my splat in late Jan and going by the Doc i've still got around 8 more months of rehab.
    TAC is simple once the claim is accepted all you have to do is visit the Doc once a month to get a monthly TAC certificate, send it to them and your done.
    Your employer is not required to keep your job open if your on TAC, speak to your case manager about that for further info. I lost my job 2 days after my claim was accepted, TAC told me no sweat its part of there rehab policy to help us be reemployed after our rehab is finished.
  14. ok, thanks for the replies. Ive contacted Industrial relations and the guy is sending me out the official forms/policies to see if I fall under unfair dismissal. I have got the details for jobwatch now to contact (will do after physio) and he also said to ge tlegal advice as well. Does anyone know of legal people I should contact in regards to this?
  15. Try some of the major names who maydo no win no fee if they fell you have a case - like Slater & Gordon (cited purely as an example because they are the first ones who came to mind not necessarily a recommendation :LOL: )

    There's a lot of them out there...
  16. I am just about to notch up 15 months since my off...
    The TAC have been excellent in that time...no problems to complain about considering the level of support I have recieved...
    Best of luck with the work situation...I have been well looked after there...guess it may be something to do the community organisation I worked for...
  17. well after speaking to the hospital, TAC and physio people I think I am not in a major bad situation. I can get loss of earnings (up 80% of pay or up to $920ish a week I think) for 3 years from TAC and in the mean time, worry about getting my arm healing/healed/whatever and I will have support in the likes of rehab, training and help to look for work. So all is not lost :)

    Hopefully I may come out of this for the better (wazza, think positive!)
  18. Check out the false dismissal and mention the fact to your boss and you probably wont even lose your job :wink: Dont let it lie mate even if it only helps out the next person in this situation, Employers have to learn that we are people and not just numbers. Bloke I work with got $400,000.00 as a payout for false dismissal as you dont have to go back that money was his PROJECTED earnings for 25 years or so. Basically once you have proved it your employer is in the shite one way or the other. Good luck with it mate

  19. Yup I'm definitely seeing what's the legal obligations from him and myself. Much rather he do what's right by me and we get on with our lives. Any stuffing around in regards to $$ or whatever, I'll pounce. But I won't lie and take a kicking, that's for sure. :)
  20. It's called Unlawful Dismissal, and you'll likely need to engage a solicitor who specialises in teh field.
    Employers seem to think these laws have changed with the new workplace legislation, but most of the dismissal laws are unchanged.
    And it's good to hear you are getting 80% of your income from TAC, at the very least it will pay the bills.
    Important note to anyone self employed, get income insurance. These things happen. Even if it's only $20k a year coverage, it's teh difference between keeping a house or not.

    Regards, Andrew.