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 […]

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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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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 one of our previous posts, 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 the statutory […]

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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 […]

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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 […]

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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 […]

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