VIC Workcover Claim - Who is Out of Line?

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donnak6

Member
17 October 2016
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2
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The long and short of it:

I was accused by my employer of theft then charged on 4 counts. I was cleared in court of all charges. I am now seeking assistance through workcover as I'm suffering PTSD.

In a statement to a PI for workcover, the HR lady for the company I was employed for has said in her statement, "During interview with police, D admitted to having an ICE habit."

In my recorded interview with police, the policeman said to me "I put it to you that you have a drinking and drug problem, don't you?"

I never replied.

In the printed form of statement to police there is no mention of this conversation?

Who is out of line here.

Please any suggestions appreciated
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
What do want to do?

Go for unfair dismissal? Sue HR and ex-employer for defamation? (Assuming you do not have a drug problem).

Other?
 

Lance

Well-Known Member
31 October 2015
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2,394
So are you seeking workcover assistance because you claim of being accused of 4 counts of theft and being questioned by the police has caused you to suffer post traumatic stress disorder?

A diagnosis of PTSD is generally reserved for those that have suffered the trauma of a risk of death or physical / emotional harm or having witness such an event. While the accusation may have cause distress or anxiety, from what you have said it doesn't sound like you would have grounds for PTSD. Did something else happen during this situation that resulted in PTSD ?.