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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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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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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Construction injury and the risks associated with manual labour

Construction injury is a common occurrence here in Australia. The most recent Australian Workers’ Compensation Statistics provided by Safe Work Australia, show that labourers and people in the construction industry have the highest incident rates for serious workplace injury claims by occupation, followed by community and personal service workers, and then machinery operators and drivers. […]

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