Key Points
- Indian-origin aged care worker Gurjot Kaur alleges a work-related injury has left her with debilitating conditions
- Her treating doctors say allowing her to return to India 'may help her to recover'
- However, if Ms Kaur moves back her entitlement to weekly payments will cease
- Her employer says it has a process to ensure its staff members receive ‘appropriate rehabilitation and return-to-work support’
Gurjot Kaur, an Indian international student living in Australia, describes her daily life as "dull, depressed and constrained by dependency".
In March 2021, Ms Kaur was on shift as a personal care assistant at a Mercy Health aged and community care facility when she says she sustained a work-related injury.
“Being an immigrant, I was unaware about immediately filing an incident report for WorkCover, nor did my manager inform me about this," Ms Kaur tells SBS Punjabi.
"Instead, due to continuous sick leave from work, I was eventually forced to resign, causing me severe mental stress,” she further claims.
SBS Punjabi approached Mercy Health with Ms Kaur's claims of being injured on the job, not being informed about filing an incident report and being 'forced' to resign.
In response, a Mercy Health spokesperson said the organisation does not publish or confirm the private and confidential personal information of patients, residents or staff.
"We can confirm that we do not currently have a case of reported injury that would substantiate these allegations," the spokesperson said.
"Mercy Health’s process for responding to a workplace injury when it is brought to the attention of our managers, is to ensure the incident is recorded immediately and to provide a range of supports to ensure the staff member receives assessment, care and appropriate rehabilitation and return-to-work support."
"As part of Mercy Health’s onboarding process, all staff are inducted in a range of workplace health and safety systems, policies and processes. This includes adhering to a code of conduct and the identification and reporting of workplace injuries," said the spokesperson.
EML, an appointed claims agent for WorkSafe Victoria, accepted Ms Kaur's claim for compensation for a physical injury related to her employment without making any determination about the way the injury occurred.
That entitles Ms Kaur to receive weekly payments and the reasonable costs of treatment.
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Work Safety is Your RightMs Kaur says she went back to work even though she was in pain because she was not getting paid for sick leave and was facing financial troubles.
“It was my GP who informed me about the paperwork for WorkCover and the incident report but by that time I was already in severe mental stress due to miscommunication at my workplace and the pressure of recovering to get back to work," she alleges.
“There were rumours created at my work premises that I was not injured at work which further broke me down."
Ms Kaur alleges she observed a "drastic change" in the behaviour of management after her injury.
"The unsupportive behaviour shook me mentally, physically and emotionally,” she claims.
Documents provided by Ms Kaur show that she developed a ‘functional neurological disorder’ that frequently causes her muscles to go into spasms and leads to an inability to move (freezing) and puts pressure on her legs, as well as causing paraesthesia.
“I only feel safe with my husband, but the plea by my pain physiotherapist for my husband to be my carer got rejected as well,” she says.
Gurjot Kaur with her husband Man Inder Singh in 2020.
"One and a half years has passed, after the [issues with the] employer, now the insurance delays are rubbing salt into those wounds," she further says.
“The occupation therapist requested wheelchairs, walkers and shower chairs for my assistance, but I haven’t been provided with this equipment."
SBS Punjabicontacted EML and is still waiting for a reply.
Ms Kaur, who was initially diagnosed with a lower back injury, claims her health has since deteriorated due to multiple medical conditions.
These claims are backed up by supporting evidence from medical professionals, in documents seen by SBS Punjabi.
Other documents provided by Ms Kaur show that early settlement requests have been made on her by her pain physiotherapist, pain specialist, cardiologist and psychotherapist.
The specialists say allowing Ms Kaur to return to India may help her to recover.
“Her current medical condition will not be cured in the foreseeable future and she will remain dependent on care,” reads one of the letters from her doctor.
However, she has been informed by WorkSafe that if she plans to move back to India, her entitlement to weekly payments will cease.
Ms Kaur believes this is unfair.
“If nobody is able to pay my expenses, can anyone return my life back as a fit and happy person?” she asks.
She says she has sent an email to Victorian Minister for Workplace Safety Ingrid Stitt but is still awaiting a reply.
"My condition is getting worse and I want to go back to India as we are unable to meet our basic needs here,” she says.
