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 […]
injury at work
What is a suitable duties arrangement?
When 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 […]
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 […]
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 […]
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, […]
Fatal claims: I have lost a loved one due to an accident. Where to from here?
When a person dies as a consequence of a motor vehicle accident, assault, medical negligence, accident in a public place, work-related event or latent onset of an injury, ‘fatal claims’ (aka ‘death dependency claims’) can be made by their family or dependents. The legislation surrounding fatal claims Part 10 Civil Proceedings Act 2011 (Qld) and section 66 Succession […]
Can I make a personal injury claim for whiplash? Brisbane Whiplash Lawyers
Many people consider that having a minor car accident is nothing to be concerned about. If you walk away from a minor collision you might not feel the need to take the matter any further than having the dints removed from your bumper. However, if you have sustained any degree of whiplash, this can have […]
I filed a WorkCover statutory compensation claim, what next?
Once you file your WorkCover statutory compensation claim, it is allocated to a WorkCover Queensland claims representative to be determined. Your representative will likely contact both you and your employer within three business days of the claim being made at which point you will have the opportunity to give further details of the injury and […]