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Traumatised And Unfairly Dismissed Now Battling Insurance Company

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This is my first time on any forum. My wife is aged 40, we have 2 kids. A few years ago she was a successful sales person in a male dominated logistics industry earning a six figure income which she had built up skills and clients over 2 decades. She won a massive contract which she estimated to be huge, well into the 7 figues but her boss's and her logistics manager disagreed, they estimated it at about 10 percent, the Ops manager did not even want to go and check out the venue, said he had better things to do. Anyway, they miss calculated BIG time. She ended up working 27-29 hour shifts, thown in as an onsite ops manager(no experience,no protective gear) routing up to 60 massive vehicles and organising all the jobs and returns with 2-4 hours break inbetween, in the middle of winter, She didnt come home for 2 weeks ,she grabbed showers at a relatives house in the next suburb and tried to get a few hours sleep on their lounge, I had to take our kids and dog on a 2.5 hour return drive to the warehouse to visit her every third or fourth day for 10-15 minutes( we all still had school and I had to work too). During this time she was being abused by the actual operations manager and some other male employees who were in fear of being caught out not doing their end of the organisational job for securing enough vehicles, she was blamed for other mistakes, She would call me in tears saying she was being sabotaged and threatened with her job, she was repeatedly sworn at, hung up in and when she would call telling them to send someone else out after doing 29 hours straight she was told" Its your contract, you fix it".

She called management and the owner, they told her not to be so sensitive and to pull her head in and get over it. She developed a severe flu which she had to work through, lost 9 kilos in 2 weeks ( she was size 10 so did not need to lose weight) and she had a few physical injuries like severly sprained ankles tripping over pallets and from physical exhaustion etc. On the last day of the event after many tearful outbursts she actually had a full scale physical and emotional breakdown. the end diagnosis was partial hearing loss in one ear, severe ringing in the ear, balance problem, ankle damage requiring reconstructive surgery and emotional injuries which doctors at first thought could be depression, reactive depression, anxiety, PTSD and in the beginning they did not know or endeavour to find out how her actual mental state had been effected the most, whether it was from the abuse and bullying or if it was related to the ringing in her ear (permanent and called tinnitus) or the other things that had occurred. They now agree that it was onset from bullying and abuse adn further aggrivated from not being able to sleep from ear ringing and insomnia and fear induced dreams because of what went on at the event.

Here is my problem now, the company she worked for dismissed her on grounds oof the GFC, even though they made a bomb and have all recently bought 400K cars and have grown, because she was earning above $104k she was not able to apply for unfair dismissal in NSW Australian law. Her workers compensation is $520 in the hand a week, she is still suffering from severe nightmares, scared to leave the house, svere balance problems, insomnia and hyper vigilance and has had to do a myriad of things organised by the insurance company all of which have made things worse and all the while they have denied treatment her doctors requests for up to 4 and 6 months at a time only to then approve it and to get it she has to go through the workcover NSW system who most of the time dont really care because it is a government organisation who merely overseas what goes on.

Over here it is the insurance company who manage's all of her treatment and all of her claim. We all know what insurance companies are like when it comes to being fair dont we?

Because her insurance company has misleading things on her reports, her legal team have told her she needs to get independant reports done, expensive, before they will represent her.

Now her doctors have said that she does suffer from a form of PTSD as a result of bullying and abuse but they claim it is from the tinnitus which makes it a secondary injury and therefor "not claimable". They are of the opinion that she should just keep limping around in pain and not sleeping and somehow be able to earn a massive income so they dont have to keep paying her the $500 a week. After 3 years of picking up the pieces, losing our house and having to move, helping my wife who was the main income earner for 10 years, doing my job and caring for the kids as well as my wifes family flying in to help, I am at a loss at how much longer they will drag this out for, the sad thing is, she is likely to only receive a payout of around $27k and she keeps being threatened with things if she does not try and find a fulltime job earning in excess of $140k a year even though her doctors have stated she is "not fit for work" Workcover have said that they cant override the insurance companies reason for how they believe the injuries happened and her doctors have even said that because of all the injuries that happened at once it was impossible for them to be able to tell in the first year what the biggest emotional issues were because dealing with a loud ongoing noise in the head is just as severe as PTSD caused by bullying and abuse, but the insurance company has said that "the doctors should of listed all the reasons it "could" of been from in the begining".

We are now having to pay $1300 for each report to try and get a proper authorised NSW doctor to address this and each report will cost this, so even though we are out of pocket by over $300,000.00 in lost wages and the most she is entitled to is $520 a week and a lump sum of $27k, we now have to come up with money for expensive reports to get the diagnosis done in the correct order of injury.

I havnt even started yet on the out of pocket for her treatment that we end up paying for because they say it will not help, like relaxation therapy, massage etc or the therapy we have had our kids in seeing they once had a Mum who was sporty and did everything with them, took them to theme parks, carnivals,holidays etc and now she is limping around waiting for her surgery to be approved and barely leaves the house and is upset all the time, or the fact that her mother is like a live in nurse maid and childcare minder at times which obviously affects her life.

We have both worked hard and done the right thing, and we are supposed to be in the lucky country, so how is this allowed to happen and why is it that her greedy employers who made a mint out of this excersize, get off SCOT free.

If anyone knows of any help we could get in relation to this I would appreciate it a lot, can PTSD be caused from bullying as well as injury? Is it reasonable that doctors may not know what the cause of PTSD or anxiety depression is from exactly in the begining? All the bullying and abuse was documented from the begining to the employer, the doctors and the insurance companies.

I know there are a lot of other people suffering out there with worse things and Im mindful of that, including the recent floods up here which the insurance companies are not paying out based on the fine print of what caused the flood which is a disgrace, and Im aware that insurance companies main aim to is to pay as little as possible, but there must be something in place that does not allow these companies to actually be the case manager of the injured person, I know it is different in different countries but these are the laws here sadly, and I dont know how much longer I can keep our family together.

Her doctors have now updated everything with all the injuries and the causes but the insurance company is not accepting that decision even though they have only sent her to their doctor once 2 years ago who even stated that he is unable to ascertain the extent of the injury based on abuse as he was not given any documents or information on this other than what she and her mother told him in the one hour visit, he did manage to write a 14 page report though after a one hour visit stating that she should be able to do a return to work programme, but with many clauses like "once injury is stable,once nature of injury is assessed,once proper return to work program is understaken etc.

This was 2 years ago, she has completed 2 return to work programms, one ended in another breakdown the other she gained a menial part time job which ended badlt after 3 months when she had an accident driving home and her employer got upset she was forgetting where she put things, this sent her into a total downhill spiral as she was hysterical, crying that once she was able to meet with heads of companies and now she is getting written warnings about forgetting to pick up the boss;s coffee cup and getting upset she cant find her own filing.

This latest event has made her feel whe has no use adn no worth yet the inurance company keep pushing her to go back to work regardless, I fear for her safety at present as I cant get up anymore to do basic things and I dont know where to turn.

Appreciate any help or info in relation to anything that could help.
 
Welcome to the forum, I do empathise with all you are going through. I am also battling the insurance company even though I was badly beaten up at work and locked in a small room for over half an hour only to be let out to face the abuse of someone else.
It is such a common problem that insurance companies and sometimes employers just don't seem to care. Just try to take one small step at a time and know that there are many here walking beside you both in support and care.
 
I'm in SA. I thought it was the SA system (which is diff to the rest of the country) that was so screwed up. I've never had a workplace incident before, so knew nothing about how it all went. Threatened and bullied by the workplace to try and stop workcover knowing about it (dangerous machines) and then the workplace buddying up with workcover to get it throw out as a minor injury. Doctors doing reports saying what workcover wanted (they get paid) and any specialist whose findings were 'not' what they wanted, I discovered the hard way that WC can 'not ask' for those reports so they never get into the case notes, and that the specialist 'cant' actually generate a report without WC or a Dr or a lawyer asking for it. I asked. I was told no.

I had 2 attempts at a RTW and the same hostile manager was put in charge. As the coordinator. Full control over information and process and left at his mercy with zero support until I ended up in the local hospital with a breakdown.

Since then I cant seem to think straight, get words out, and its almost like living in someone else body. Its horrendous.

WC and the doctors and the workplace all screwed up, all breached laws, and are all busy covering up. I broke. I'm normally a fairly resilient person, but now I feel like a fractured....I feel fractured. I shake. A lot.

WC here is also run by...the insurance company. Its a nightmare.
 
Welcome to the forum, MBTE!

Trauma of any kind can cause PTSD. It definitely sounds like your wife and your family as a whole have been through quite a lot.

Being Deaf, having no balance, and at times experiencing tinnitus, I can completely empathize with the effects of the loss of balance and tinnitus. These two alone and the partial hearing loss which came on in adulthood should be enough for any disability claim. That there are emotional effects that go with the physical ones is also to be expected.

In the above paragraph I am not yet even taking into account the emotional impact of the actual abuse in the workplace. Are you able to sue the company and bosses for lack of supervision and lack of responsiveness? I know each country is different, but from the records you mention there seems to be ample evidence for a case there. Have you sought out a good lawyer?

With the multiple disabilities your wife seems to have, there should be quite a bit more that could be done for her than just trying to force her into one job after another without the necessary rehabilitation before hand.

Best of luck!
 
I'm sorry for all you have been through. Sometimes bad things happen to good people. It sounds like you have really had it very hard. Is your wife seeking any kind of support for her PTSD? Is she able to talk about it with someone else?

It's good that you have been so supportive, and I'm sure it breaks your heart to see all that she and your family have gone through. The fact that you have gone through this and endured this together is very noble and courageous. It seems like it has gone on for some time.

Your wife has probably very low self-esteem right now. It's hard for others to rebuild someone else's self-esteem, but I'm sure she appreciates you reminding her how valuable she is. Sometimes the little things can mean alot. Like a sweet note telling her how special she is.

I'm sure it's hard for you, as you are trying to keep it all together and being overloaded yourself.

I don't know much about fighting with insurance companies. I guess I'm a bit fatalistic. I sometimes like to think of various scenarios like if this doesn't work out what will we do? if it does what will we do? In other words have some kind of plan for the worse case scenario, and then reassure each other person you will get through this no matter what.

That way you are prepared mentally for whatever happens. Keeping in mind that you will make it, because you love each other and you have your family.
 
I have fought through a lot with insurance companies, I've worked for them and corporations so I know how nasty they can be. My husband is currently in a gridlock with his after 28yrs of working with them over something extremely petty. It's corporation's game, especially right now, and they expect a person to crumble. It's so understandable! You and your family have been through so very much.

I agree with Deaf Global, if it's at possible to gather all of your documentation, starting from way back when your wife first starting having physical injuries then I would do it. It can be as simple as writing letters of request for records to the drs she's seens for med records if you can't find your copies. Your wife is being made to pay for being traumatized.
 
I got a new one today. Being the traumatised person its my own fault I'm traumatised?

Like I had a choice. But they dont want to admit it had anything to do with them. Say they can see I am anxious and upset, but yet apparently nothing to do with them. Did anyone ask them if any of them asked 'why' I was anxious and upset, and would it be normal to ask that if 'they' were not knowingly the cause of it? And they already saw for themselves my reactions to what they were doing to me?

Nope. No place in this system for any kind of common sense like that. Just attack the weakest joint and watch her crumble. Then she'll go away.

How long do we have to remain in the situation every part of me is screaming GET OUT OF THERE and yet I can't. I'm starting to think this is 'fun' for those involved, watching me degenerate into a semi human lump of incapable mush.

Isnt there anything in the rule book that says keeping someone chained to the actual trauma over a prolonged period destroys people?

My fight or flight hasnt turned off for months. I feel like a bottle of fizz someone's been shaking and shaking....but just refused to let the cap off.
 
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