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In the matter of AAI Limited & Anor v Marinkovic the appeal court decided that even where a claimant’s previous tax returns were fraudulent or dishonest, this does not prevent the court from determining the claimant’s loss of earning capacity using other evidence at hand, for the purposes of awarding appropriate compensation. Facts Mr Marinkovic […]
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If you get hurt at work, you often make a claim through WorkCover Queensland. But what do you do if you are hurt at work and you have a pre-existiing injury? In simple terms, things to prove are that you are a ‘worker’ and that in the course of your work you sustained an injury. the pre-existing injury […]
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When dealing with workplace injuries on construction sites, we are often told by the injured “I fell off a building!” These types of accidents occur not only on construction sites, but also can occur at outside of work-related activities, . These accidents carry serious and have long-lasting impact on the injured. Falling off a building or falling from a height […]
Continue ReadingA recent Supreme Court of Queensland case awarded damages of $215,286.11 on appeal for an employee injured at work as a result of negligent behaviour. The case involved an employee using a Leatherman knife in eating an orange, whilst crouched near to a frequently used walkway. As the employee stood from his crouched position, another employee walked past and the […]
Continue ReadingThe relationship that you have with your lawyer is an important one, no matter what type of legal problem they are assisting you with. During the course of a Personal Injury matter, it is particularly important that you feel you can trust your lawyer, not only to provide you with quality legal advice, but also […]
Continue ReadingDavis v Terrivic Pty Limited is a recent New South Wales Workers Compensation Commission decision that provides scope in defining ‘in the course of employment’ for workplace injury claims. In particular, Davis v Terrivic Pty Limited addresses whether an employee can still be injured in the course of employment after that employee has submitted a resignation. FACTS […]
Continue ReadingWhen a person is injured on the job, and the injury impacts the way that they would ordinarily carry out their job, the worker might be given the choice to return to work with different duties rather than recovering at home. Where an employee is not able to return to their previous position, their employer […]
Continue ReadingThe term No Win No Fee is commonly used within personal injuries cases where the injured person has limited capacity to pay their legal fees. Choosing a personal injury lawyer to represent you is difficult, but with the following five tips you should be on your way to making an informed decision. Our five tips… Meet […]
Continue ReadingWhen 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 […]
Continue ReadingIn 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 […]
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