Fuck ACC

[MIXONE]

Good luck Shaun.You are going to need it.Plenty of room at my place should you need somewhere in Wellington to stay while stirring.
Nominate a day to ride to the Beehive as a protest and I'll be right there with you.

[MSTRS:Me]

This could be made into an election issue...(your god) knows there are enough of them.
Basically that letter says "You're not a bludger. Fuck off. Neeexxxttt!"

[FROSTY:Me]

WOA THERE MATE.
I had the exact same situation.
The reason for the $135 is to pay ya something.
That $135.00 payment is the MINIMUM weekly payment untill proof of the months income leading up to the accident is sorted .Right then you'll receive that amount backdated to the date of the accident. Only question there is. In YOUR case Is it date of accident or date of repatriation. I dunno what applies.
After (I think) 3 months they review your income again based not on the last month but on the 12 months before the accident.
If its say 600000 nett then they pay 80% of that.

[HenryDorsetCase]

I can't recommend this guy highly enough

http://www.acc-law.co.nz/

[Shaun]

Thanks to all input so far, it helps me in a big way!

I made a good decision this morning after my rant on here, I went in to see my local MP Harry Dynahoven

I now have him on there case

[kiwifruit]

Hope its sorted soon man

[Ixion]

What Mr Frosty said. They haven't got the figure for what your income was before the accident, so they don't know what to make the 80% of. So they make it 80% of the minimum wage (the actual figure is in ACC legislation, but its logical basis is 80% of minimum wage).

They need to know your pre accident income. from your tax returns, on the assumption that you are either self employed or a shareholder employee. Once they have that you get 80% of that backdated .(They don't pay interest on it though. Bastards)

The legislation is Injury Prevention, Rehabilitation, and Compensation Act 2001 S45

Interim estimation of weekly earnings that cannot be ascertained

*

(1) This clause applies to a claimant who, immediately before his or her incapacity commenced,—
(a) had earnings as a self-employed person; or
(b) had earnings as a shareholder-employee.

(2) This clause applies while the Corporation cannot readily ascertain the claimant's actual weekly earnings.

(3) For the purposes of clause 38 or clause 39, in order to calculate the claimant's weekly earnings under this Part, the Corporation may estimate an amount that represents reasonable remuneration for the claimant until the earlier of—
(a) the income tax return for the relevant year is available; or
(b) 3 months have passed after the incapacity commenced.

(4) If the claimant's income tax return for the relevant year remains unavailable at the end of the 3-month period in subclause (3)(b), the Corporation can pay weekly compensation only as an advance under section 131.

(5) In doing an estimate under subclause (3), the Corporation must have regard to—
(a) the evidence available of the claimant's earnings; and
(b) the nature of the claimant's employment immediately before his or her incapacity commenced; and
(c) any employment, whatever its nature, that the claimant has while suffering the incapacity.

(6) If the Corporation—
(a) applies subclause (3); and
(b) pays weekly compensation; and
(c) subsequently finds that the weekly compensation it paid is greater than that it would have paid if the claimant's income tax return for the relevant year had been available,—

the Corporation may recover the difference, either as a debt due to it or by deducting it from any entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury).

The bastards never tell you this sort of thing, though. I assume this 'Jos' is your case manager. If so she's way out of line going off for 4 weeks without advising you of the name of whoever is keeping her seat hot in the meantime.

Call ACC, ask to speak to the Case Management Team Leader. Tell them you have no idea what they're doing, nobody's explained anything to you and you want them to explain what's happening and what's going to happen. If you get fobbed off , escalate, to the Regional Manager if necessary. The higher you go the easier it gets.

Long story short, you are entitled to 80% of your pre injury earnings, for as long as youa re incapacitated. You will get it eventually. But it can be a long dreary road getting there.

I assume you have an accountant ? Get him on to them. He should have provided your tax retrun details (but who knows, maybe they haven't even asked for them. They are as lazy as all hell)

Best of luck mate, the system works but its like a cranky two stroke. Can be a bastard to get started ,and once you do it tries to throw you off at the first corner.

[Shaun]

LONG STORY SHORT CREW


ACC have had all my Buisness records and Personell records since the 14th of August 2007!

I have Paid my own accountant to sit down with my case manager and go through all details wth her

[MSTRS:Me]

LONG STORY SHORT CREW


ACC have had all my Buisness records and Personell records since the 14th of August 2007!

I have Paid my own accountant to sit down with my case manager and go through all details wth her

Then they have no excuse and are just fucking you about (it's the only thing they do well). Not sure that Harry D will be much good (he's in an area of the Transport portfolio and has been utterly useless in the CC campaign). But I suppose you gotta give him a chance...

[Goblin]

What Mr Frosty said. They haven't got the figure for what your income was before the accident, so they don't know what to make the 80% of. So they make it 80% of the minimum wage (the actual figure is in ACC legislation, but its logical basis is 80% of minimum wage).

They need to know your pre accident income. from your tax returns, on the assumption that you are either self employed or a shareholder employee. Once they have that you get 80% of that backdated .(They don't pay interest on it though. Bastards)


Long story short, you are entitled to 80% of your pre injury earnings, for as long as youa re incapacitated. You will get it eventually. But it can be a long dreary road getting there.

What if one was self employed but not paying oneself a wage before the accident? Would that equate to 80% of nothing?

[MSTRS:Me]

What if one was self employed but not paying oneself a wage before the accident? Would that equate to 80% of nothing?

That's were ACC is a crock. Us self-employed peoples get shafted worse than most. And why we tend to rely on income protection insurance. Which is unfortunately no guarantee of all being well either...

[Ixion]

What if one was self employed but not paying oneself a wage before the accident? Would that equate to 80% of nothing?

Not necessarily. That's why they need your tax returns (and maybe your books). It's based on income, not wages. So you were a shareholder employer (which is what I think you mean), and paying yourself no or small wage, and putting income back into the business, that can be taken into account.

But figuring out relevant earnings for self employed folk can be hard (likewise, thoe on commission schemes, and those with multiple jobs). An accountant may be a good idea.

[ManDownUnder]

LONG STORY SHORT CREW


ACC have had all my Buisness records and Personell records since the 14th of August 2007!

I have Paid my own accountant to sit down with my case manager and go through all details wth her

I'm not clear - is this a good or bad thing? I.e. do you have more owning or did Harry sort it for you in short order?

You do know Harry is a Petrolhead too - he'll appreciate who you are more than anyone in parliament!

[Ixion]

Then they have no excuse and are just fucking you about (it's the only thing they do well). Not sure that Harry D will be much good (he's in an area of the Transport portfolio and has been utterly useless in the CC campaign). But I suppose you gotta give him a chance...

If they've had the records since August (which, inportantly, is less than 3 months after the injury), they are way out of line (which is not in the least surprising. They are almost all completely incompetent).

Ruth Dyson is the MP you need, she's not actually that bad.

They are legally required to start paying you not more than ONE MONTH from when they recieve the required information (and they have to ask for anything they think they need and don't have).

And - they must pay interest on any late payements

S114

Payment of interest when Corporation makes late payment of weekly compensation

*

(1) The Corporation is liable to pay interest on any payment of weekly compensation to which the claimant is entitled, if the Corporation has not made the payment within 1 month after the Corporation has received all information necessary to enable the Corporation to calculate and make the payment.

(2) The Corporation is liable to pay the interest—
(a) at the rate for the time being prescribed by, or for the purposes of, section 87 of the Judicature Act 1908; and
(b) from the date on which payment should have been made to the date on which it is made.

So, if your accountant have given them what they need (and he should have), lodge a claim for interest under S114. That always puts the shits up them, because it is one of their KPIs that they have to report to the Minister.

[Goblin]

Thanks Ixion.

Good luck Shaun. I hope it gets sorted asap!