Cycling continues to be a popular activity and form of transport here in Queensland and throughout Australia. With the large number of cyclists taking to the roads, casualty and cycling accident rates are high and have been increasing. In an effort to curtail the amount of cycling accident incidents, the Queensland State Government is trialing […]
If I don’t get medical treatment or see a physio will it affect my personal injury claim?
In every personal injury matter, attending a medical practitioner for a diagnosis of your illness or injury forms the basis of your claim. But whether or not you continue to be treated after the diagnosis is a decision you need to make, and can greatly impact the outcome of your claim. As a rule of […]
Is it easy to change lawyers in the middle of my personal injury claim?
If you are pursuing a personal injury claim, one of the issues you may be faced with is wanting to change lawyers part way through the process. While the ideal situation would be for you to instruct the same lawyer throughout the entire claim process, sometimes unforeseen circumstances arise where it makes it appropriate to […]
How can I establish that my workplace injury was the result of employer negligence?
When you have sustained a workplace injury, establishing employer negligence is only necessary when you file a WorkCover common law claim for damages. As we discussed in our last post, filing a WorkCover statutory compensation claim under the “no-fault” scheme is always the first step in claiming compensation for a work related injury in Queensland. After […]
My insurer doesn’t want to pay part of my personal injury claim because they believe I have some ‘residual earning capacity’, the problem is that there aren’t any local job opportunities. Can the insurance company refuse to compensate me because of this?
If you seek compensation for a personal injury, one of the key factors in determining quantum (the dollar figure amount of compensation) is your ability to obtain other work, whether it be in your pre-injury type role or otherwise. This is known as “residual earning capacity” and it refers specifically to your personal capabilities in […]
What is WorkCover? And how are they relevant to my PI claim?
If you sustain an injury at work, WorkCover will be your first point of call for making a statutory compensation claim. WorkCover is an independent government owned statutory body. It is mandatory for all Queensland employers to hold a WorkCover accident insurance policy unless the employer holds a self-insurance license. How will WorkCover assist you? […]
I am no longer able to work – does this mean I can claim TPD benefits?
Total and Permanent Disability (“TPD”) Insurance is financial protection against the situation where you become sick or injured and are consequently unable to keep working. It is provided for under most Australian superannuation funds so most working Australians will be entitled to it. Proving fault… With this type of insurance, you do not need to […]
Christmas Work Functions – When does an Employer’s Duty of Care End?
With the festive season quickly approaching, it is a good idea for employees and employers alike, to consider workplace health and safety responsibilities and how they apply to work functions like Christmas or New Year parties, both inside the workplace or outside. Section 19 of the Work Health and Safety Act 2011 (Qld) sets out […]
How can I establish that my workplace injury was the result of employer negligence?
When you have sustained a workplace injury, establishing negligence is only necessary when you file a common law claim for damages. As we discussed in one of our previous posts, filing a statutory claim under the “no-fault” scheme is always the first step in claiming compensation for a work related injury in Queensland. After the […]
When can I make a public liability claim?
If you are in Queensland, you may be eligible to make a public liability claim when you have sustained a personal injury in the State of Queensland, the injury was someone else’s fault and the time limitations for commencing a claim have not expired. The relevant legislation… The legislation governing public liability claims include: Personal […]