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Bullying by the insurer in workers compensation claims

The insurers’ main interest is to get you, the injured worker, back to work as soon as possible.

It is very common for the insurer to pressure and bully the injured worker to return to work as soon as possible and sometimes before they are ready.

Often the Insurer claims officer will pressure the injured worker by saying that they have to go back to work or their payments will be suspended. Sometimes they say that they are just being lazy and milking their injuries. Workers who are truly injured often feel humiliated by such conduct.

In many cases the worker is pressured to return to work when their injuries have not healed and this can often exacerbate the injuries making for a delayed recovery.

Macquarie University recently published a report into allegations of bullying in the Workers Compensation system. One injured worker reported that her return to work coordinator called her every day after she had major surgery to ask her when she would return to work. Her coordinator belittled her, telling her she was taking too long to recover, which was against advice provided by her surgeon.

It is also very common for the claims officer to contact and pressure the injured workers nominated treating doctor into upgrading the WorkCover Certificate of Capacity to say that the worker is fit to return to work. Often claims officers will have a case conference with the injured worker and the doctor to discuss the return to work plan and try and pressure the Doctor into upgrading the hours of work.

Unfortunately, time and time again doctors’ change their patients certificate to say that they can return to work because they fear if they don’t the insurer will reduce or cease their patients’ payments.

What Should I do If I’m Being Bullied?

1. Tell your insurer that you don’t want to speak to them on the phone and you want them to put it all in writing. This way if they are bullying you or making you feel guilty about not returning to work it is documented. If you ask for written correspondence opposed to verbal correspondence they are less likely to bully and belittle you.

2. Always meet with your doctor before a conference with the case officer. You have the right as a patient to speak to the doctor alone. If the case officer tries to come in with you you can tell them to wait. When you speak with your doctor alone you should discuss your WorkCover Certificate of Capacity. You should also tell your doctor if the insurer has been bullying you, and that they may try to do the same to the doctor.

3. If the insurer continues the bullying behaviour you should make a complaint to the claim officers’ supervisor. It is important that the complaint is made in writing. An email or letter will do.

4. If your complaint is not addressed and the claims officer continues to bully you then you should make a complaint to the WorkCover Independent Review Officer (WIRO) on 13 94 76 or a complaint can be submitted online at www.wiro.nsw.gov.au. WIROs’ role is to assist injured workers with any disputes, complaints or issues that they have with workers compensation insurers.

5. If WIRO is unable to assist further with your complaint then you should contact an experienced accredited specialist in personal injury law who may be able to assist you with lodging an Anti-Discrimination Act claim or such similar proceedings.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Jennifer J.
23:54 03 Oct 26
I was introduced to Garling & Co. following my injury, by a family member who had previously had a positive outcome.From our initial phone contacts with Kerry Byrnes, we were confident we had made... the correct decision to engage them.We were kept updated by Kerry, Myriel & other staff throughout the process. They kept us informed in a professional, prompt & detailed manner. This gave us confidence that our case was being handled with my best interests foremost. I have absolutely no hesitation in recommending Garling & Co. to future clients.Paul J.read more
Helen B.
02:14 29 Sep 26
Matthew and his team have always been very supportive and helpful throughout my long journey to settlement. Thank you everyone who helped me through this process.
AlnLisa K.
04:15 16 Sep 26
Our experience with Garling&Co has been nothing short of exceptional since our first meeting. Matthew and his team have been absolutely amazing. They are professional, prompt, attentive, empathetic... and honest. Highly recommend 100%. Matthew - THANK YOUread more
JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
Chris H.
02:52 31 Jul 26
I engaged Garling & Co to guide me through a personal injury claim and could not have asked for better representation. Matthew was in a different class to the other lawyers I had spoken to, and that... was clear from our very first phone call. At that time, I was not even sure a claim would go ahead. It was just a call for advice and Matthew was generous with his time which created immediate trust.My options were always explained clearly and the decision was always left with me with no pressure to follow a particular course of action. Allison and the rest of Matthew's team are equally excellent and were on hand throughout, taking me through the process and passing on information at the right time.No hesitation in recommending them to anyone looking for the best advice in NSW.read more
Mik B.
01:18 31 Jul 26
Matthew and the team at Garling & Co have provided seamless care throughout my case. Keeping me updated and providing the best advice on my workers compensation matter. I felt will looked after and a... have high level of trust in my legal matters.read more
Donna M.
21:09 30 Jul 26
Kerry and her team are professional showing real empathy and kindness.Going through a severe psychological work injury is a deeply lonely, exhausting, and anxiety-ridden road. But from the moment... Kerry and her team stepped in, everything changed. They showed me the kind of genuine empathy, warmth, and human kindness that you just don't expect to find in the legal world. They truly, deeply understand the complexities of psychological injury law, but more importantly, they understand the human being behind the case. No matter how scrambled or anxious my mind was feeling, they always found the time to answer my frantic check-ins and left me feeling completely reassured and safe.What I respect most about them is their absolute integrity.Kerry has a brilliant legal mind specialising in personal injury,and only ever sticks strictly to the real facts and let the honest, medical truth do the talking.Thank you Kerry and Myriel.❣️read more
Jd A.
21:05 30 Jul 26
Like to thank Matthew and the team for their work and dedication ,special thanks to Matthew for being vigilant in helping me navigate the insurance battle.My advice to anyone is trust Matthew and... yourself, say vigilant.Thank youGarling and coDaveread more
Marshall B.
01:57 09 Jul 26
Mathew and his team were a pleasure. Very sympathetic to my situation and very easy to work with. Explained the process so well and always kept in contact and looked out for my best interest. I... wouldn't hesitate to recommend Garling & Co to anyone.read more
READ ALL TESTIMONIALS

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Jennifer J.
23:54 03 Oct 26
I was introduced to Garling & Co. following my injury, by a family member who had previously had a positive outcome.From our initial phone contacts with Kerry Byrnes, we were confident we had made... the correct decision to engage them.We were kept updated by Kerry, Myriel & other staff throughout the process. They kept us informed in a professional, prompt & detailed manner. This gave us confidence that our case was being handled with my best interests foremost. I have absolutely no hesitation in recommending Garling & Co. to future clients.Paul J.read more
Helen B.
02:14 29 Sep 26
Matthew and his team have always been very supportive and helpful throughout my long journey to settlement. Thank you everyone who helped me through this process.
AlnLisa K.
04:15 16 Sep 26
Our experience with Garling&Co has been nothing short of exceptional since our first meeting. Matthew and his team have been absolutely amazing. They are professional, prompt, attentive, empathetic... and honest. Highly recommend 100%. Matthew - THANK YOUread more
JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
Chris H.
02:52 31 Jul 26
I engaged Garling & Co to guide me through a personal injury claim and could not have asked for better representation. Matthew was in a different class to the other lawyers I had spoken to, and that... was clear from our very first phone call. At that time, I was not even sure a claim would go ahead. It was just a call for advice and Matthew was generous with his time which created immediate trust.My options were always explained clearly and the decision was always left with me with no pressure to follow a particular course of action. Allison and the rest of Matthew's team are equally excellent and were on hand throughout, taking me through the process and passing on information at the right time.No hesitation in recommending them to anyone looking for the best advice in NSW.read more
Mik B.
01:18 31 Jul 26
Matthew and the team at Garling & Co have provided seamless care throughout my case. Keeping me updated and providing the best advice on my workers compensation matter. I felt will looked after and a... have high level of trust in my legal matters.read more
Donna M.
21:09 30 Jul 26
Kerry and her team are professional showing real empathy and kindness.Going through a severe psychological work injury is a deeply lonely, exhausting, and anxiety-ridden road. But from the moment... Kerry and her team stepped in, everything changed. They showed me the kind of genuine empathy, warmth, and human kindness that you just don't expect to find in the legal world. They truly, deeply understand the complexities of psychological injury law, but more importantly, they understand the human being behind the case. No matter how scrambled or anxious my mind was feeling, they always found the time to answer my frantic check-ins and left me feeling completely reassured and safe.What I respect most about them is their absolute integrity.Kerry has a brilliant legal mind specialising in personal injury,and only ever sticks strictly to the real facts and let the honest, medical truth do the talking.Thank you Kerry and Myriel.❣️read more
Jd A.
21:05 30 Jul 26
Like to thank Matthew and the team for their work and dedication ,special thanks to Matthew for being vigilant in helping me navigate the insurance battle.My advice to anyone is trust Matthew and... yourself, say vigilant.Thank youGarling and coDaveread more
Marshall B.
01:57 09 Jul 26
Mathew and his team were a pleasure. Very sympathetic to my situation and very easy to work with. Explained the process so well and always kept in contact and looked out for my best interest. I... wouldn't hesitate to recommend Garling & Co to anyone.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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