When DNA Evidence Goes Wrong
DNA evidence can sometimes go wrong. Read More Here.
Continue Reading
Tag: personal injury
Not happy with your PI Lawyer? Our Brisbane Personal Injury Lawyers can help you
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 […]
Continue ReadingWhat is the difference between repetitive strain injury and degeneration?
When 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 ReadingIf I don’t get medical treatment or see a physio will it affect my personal injury claim?
In 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 […]
Continue ReadingMy 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 […]
Continue ReadingI 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 […]
Continue ReadingChristmas 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 […]
Continue ReadingHow 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 […]
Continue ReadingWhen 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 […]
Continue ReadingWhat 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 […]
Continue Reading