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 […]

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What 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 […]

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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 […]

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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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