The 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 […]
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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 […]
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 […]
What is the difference between a statutory and a common law workplace accident claim?
If you are involved in a workplace accident which results in an injury in Queensland, there are two types of claims that you can make, they are: Statutory (no-fault) claims; and Common law claims. Statutory claims for a workplace accident All claims made in Queensland must first be lodged as a statutory (no-fault) claim usually […]
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, […]
I’ve just been involved in a motor vehicle accident – what should I keep a record of?
Being in involved in a motor vehicle accident can be a terrifying and stressful experience. If you are able and can safely do so, recording as much information about how the accident occurred and its consequences, will be beneficial long term. Records to keep after a motor vehicle accident… Consider the following: Photograph and/or video record […]
I was a passenger in a car accident with a drunk driver, will this affect my personal injury claim?
Drunk driving poses serious risks for the driver, their passengers, other motorists, cyclists and pedestrians alike. If you are a passenger who sustained injuries in a motor vehicle accident where a drunk driver was involved, you can lodge a claim against the driver at fault. Should your claim be accepted, you may receive rehabilitation for […]