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Not employed at time of injury

#1 User is offline   Edbeau 

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Posted 20 February 2019 - 07:02 PM

I have recently been declined cover from ACC due to their feral surgeons decision based on a mri scan is and gp and specialist notes had original injury covered in 2004, I started my work life in 2005 my knee has never been the same and have struggled to work with it often having time off here and there due to swelling etc. I stuffed up not going to see my gp at these times so I’ve left that at a loss.but Also I have been declined surgery needed as in August last year I had an appointment with my gp and he referred me to a specialist and then was advised I needed surgery again as I had a loose body floating around my knee cap. ACC declined this surgery urgently needing it done so I could get back to work I paid privately and applied to review the decision because myself I knew was unfair, my specialist read the letter mailed to me by ACCs own general surgeon medical advisers report based on my mri scan and surgery notes and was disgusted in their decision even mentioned that the general surgeon was incompetent to make this decision and supported me 100%, i received letter that ACC had revoked their decision and asked me to withdraw my review application, which I did and was did and went through steps to be reimbursed, I just got reimbursed my medical and hospital fees but now they aren declining to pay my weekly compensation because I wasn’t employed at the time of the orginal injury is there anything I can do please help I feel like I’m being shafted
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#2 User is offline   Edbeau 

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Posted 20 February 2019 - 07:03 PM

Whoops!😱😱 GENERAL * not feral
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#3 User is offline   INTER 

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Posted 21 February 2019 - 06:28 AM

NOT REALLY AS, they are declining to pay my weekly compensation because I wasn’t employed at the time of the original injury.
As you weren't employed at time of injury, ( THEY WILL STATE ) therefore you had no loss of earnings .

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#4 User is offline   Brucey 

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Posted 21 February 2019 - 07:42 AM

I had a similar situation happen to me, I was between jobs, shifting house, when I injured my back.

Because I had not started a new job, as I was taking a few weeks off before my next one, they deemed me to be not working at the time of the injury.

Even though my injury happened at my previous place of work, a dairy farm.
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#5 User is offline   Alan Thomas 

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Posted 21 February 2019 - 09:03 AM

View PostBrucey, on 21 February 2019 - 07:42 AM, said:

I had a similar situation happen to me, I was between jobs, shifting house, when I injured my back.

Because I had not started a new job, as I was taking a few weeks off before my next one, they deemed me to be not working at the time of the injury.

Even though my injury happened at my previous place of work, a dairy farm.


Under the criteria described was the ACC legislation if you are contracted into a new job, so long as you had the new job contracted no more than three weeks before finishing the old one, ACC is required to consider you to be employed.
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#6 User is offline   Edbeau 

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Posted 23 February 2019 - 12:43 AM

Even though I’ve been employed by the company since 2010? And I still am?.
At the time of the original injury I was in high school, worked ever since 2005 and applied to claim in Aughust 2018, so I’ve lost almost 3months of earnings.
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#7 User is offline   Alan Thomas 

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Posted 23 February 2019 - 10:27 AM

View PostEdbeau, on 23 February 2019 - 12:43 AM, said:

Even though I’ve been employed by the company since 2010? And I still am?.
At the time of the original injury I was in high school, worked ever since 2005 and applied to claim in Aughust 2018, so I’ve lost almost 3months of earnings.


As you were first injured while you are still at school you are automatically entitled to earnings compensation at the lowest rate. This is then upgraded in the event that you demonstrate a capacity to earn more and then regress back to an incapacity to earn because of the original injury. The injuries are never static but rather from time to time get better or worse in relation to outside influences such as overloading or rest and care or perhaps medical treatment. Other circumstances whereby someone who was injured as prescribed pain medication and find that they can work while on pain medication but in doing so make themselves worse because they did not receive the warning signs that they were doing something that they shouldn't without regard for the injury. Legislation requires claimants who are injured to utilise the residual capacity the maximum extent practicable so as such the legislators recognised that claimants are more likely than not going to attempt some type of work from time to time. The person might earn quite a lot of money while working beyond the capacity and then reduce the amount of work or stop altogether based on the medical advice. This would raise the ACC liability to fund earning compensation in relation to the highest amount earned in your case.
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#8 User is offline   Edbeau 

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Posted 25 March 2019 - 11:43 AM

Thank you sorry but do you have any suggestions on how to go about dealing with this claim I’m easily thrown off as I do not have much knowledge about the legislation I have tried to read through their website but do not understand it all 100% ive asked for legal advice but I barely have money to live after trying to get my accounts back on par after how long i was living without income and digging myself deeper in loans just to get the surgery i needed so i could get back to work so i could earn and support my family.anythng would be greatly appreciated.
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#9 User is offline   Alan Thomas 

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Posted 25 March 2019 - 12:19 PM

Does this type of explanation help you gain a greater and correct understanding?
http://accprotection...er/default.html
http://accprotection...ts/default.html
http://www.legislati...t/DLM99494.html

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#10 User is offline   arty 

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Posted 27 March 2019 - 10:24 AM

Contact Ben Thomson at Hazel Armstrong law he is the best in the business he will put you on the right track
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#11 User is offline   Brucey 

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Posted 28 March 2019 - 07:50 AM

View PostAlan Thomas, on 25 March 2019 - 12:19 PM, said:

Does this type of explanation help you gain a greater and correct understanding?
http://accprotection...er/default.html
http://accprotection...ts/default.html
http://www.legislati...t/DLM99494.html



False and misleading

Second sentence.
'If cover has declined the way remains open to sue the responsible entity for compensatory damages, as if the ACC Act did not exist, as the bar to sue has been formally removed'.


In nz you cannot sue, so false/bad info from the twice convicted Alan Thomas

Take Arty's advice, please
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#12 User is offline   Alan Thomas 

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Posted 28 March 2019 - 08:58 AM

View PostBrucey, on 28 March 2019 - 07:50 AM, said:

False and misleading

Second sentence.
'If cover has declined the way remains open to sue the responsible entity for compensatory damages, as if the ACC Act did not exist, as the bar to sue has been formally removed'.


In nz you cannot sue, so false/bad info from the twice convicted Alan Thomas

Take Arty's advice, please


Don't be ridiculous!
ACC legislation does not make injured people second-class citizens with no legal remedies. What a stupid person you are.

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#13 User is offline   Brucey 

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Posted 28 March 2019 - 11:27 AM

Well, im on claim

Hows taking your own advice working for you ?

Suing acc and the police plus corrections are we?
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#14 User is offline   Alan Thomas 

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Posted 28 March 2019 - 05:22 PM

Reported
off topic

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#15 User is offline   tommy 

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Posted 03 April 2019 - 08:50 PM

View PostAlan Thomas, on 28 March 2019 - 05:22 PM, said:

Reported
off topic

why allan as in being of topic ,, :rolleyes: .........................
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#16 User is offline   tommy 

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Posted 03 April 2019 - 08:57 PM

View PostAlan Thomas, on 28 March 2019 - 05:22 PM, said:

Reported
off topic

off topic allan any progressions of your lost entitlements being restored :rolleyes:
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#17 User is offline   tommy 

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Posted 03 April 2019 - 09:07 PM

View PostBrucey, on 28 March 2019 - 11:27 AM, said:

Well, im on claim

Hows taking your own advice working for you ?

Suing acc and the police plus corrections are we?

allans claims towards the corporation ,,as in one beliefs of claiming backdated compensation . all awaits ,, :rolleyes:
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#18 User is offline   Alan Thomas 

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Posted 04 April 2019 - 09:19 AM

Tommy you must be made to realise that this thread and even this site is not a playground for you but rather it is a resource for injured, disabled and suffering individuals who are seeking help from one another.
As your behaviour is not just against the site rules your behaviour is mean-spirited and nasty.
Reported x3

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