What is the difference between repetitive strain injury and degeneration?

When filing a personal injury claim, there are several ways your injury might be described. Some of these descriptions include: physical injury, permanent injury, degenerative disease, degeneration, repetitive strain injury, ‘over a period of time’ injury and so on. There is a key distinction between injuries which result from carrying out the same task over […]

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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 […]

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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 […]

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My husband was the main income provider for my family but he was killed in a workplace accident; can you please explain ‘death dependency claims’?

Legislation is in place to help protect the interests of those who lose a person on whom they were financially dependent. If you were financially dependent on your spouse, and he died at work as a result of a workplace injury, then you may be eligible for a dependency lump sum compensation payout. These types of claims, […]

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Should I consider representing myself or consulting with a compensation lawyer?

Self-representation is always an option through personal injury claims. Engaging a Compensation Lawyer can be costly, and you need to take that into account when you are considering which option is best for you. Most of the time, a compensation lawyer will offer you a free initial consultation. This is definitely something you should take advantage of because: (a) the […]

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I had a workplace injury overseas – can I make a personal injury claim now that I am back in Australia?

Overseas travel is being increasingly demanded of Australian’s throughout the course of their careers. Inevitably, accidents and injuries occur while abroad and luckily, worker’s compensation legislation does provide some means for remedy when you have a workplace injury overseas. Was your workplace injury overseas linked to your employment? Like all other WorkCover claims, the injury […]

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