Category: Personal Compensation Law
Queensland Court of Appeal win for seriously injured worker
A Queensland electrician seriously injured in the course of employment wins Court of Appeal case seeking leave to commence proceedings against a company in liquidation.
Comcare claims for psychological injury
In this article, we take a general look at claims involving psychological conditions which injured workers suffer in the workplace, and how the Comcare scheme (the national workers compensation scheme) deals with these types of claims.
Workers compensation entitlements to weekly payments – section 39 (NSW)
2012 changes to NSW workers compensation mean that an injured worker who was in receipt of weekly benefits since 1 October 2012, has no entitlement to weekly payments after an aggregate period of 260 weeks, or 5 years.
NSW workers compensation entitlements when working from home
With "work from home" options continuing for many workers even after the pandemic, this poses the question, “What are my workers compensation entitlements if injured while working from home?”
Unions are good for workers and good for society
We think it is integral that employment law victories are continually recognised and celebrated so that society continues to appreciate the key role unions have played in Australia’s history.
Comcare compensation appeals to the AAT - a process far from ‘warm and fuzzy’!
Injured workers who are dissatisfied with a decision by an independent review officer, related to their Comcare claim, can apply to the Administrative Appeals Tribunal to have the decision reviewed.
Judge determines law to be illogical, unreasonable and inconsistent in stonemason’s dust disease claim
A 35-year-old stonemason, diagnosed with accelerated silicosis and a severe psychological adjustment disorder has been relieved of what the Judge has deemed an ‘illogical, unreasonable, and inconsistent’ dual process enacted by Parliament in 2002.
Experience and expertise lead to successful common law claim for NSW workplace injury
We recently acted for an employee who suffered a psychological injury at work in NSW following a fatality which the worker witnessed. The worker was successful with their worker's compensation claim and a work injury damages claim (common law claim).
Child abuse claims - can they be thrown out of court?
In this article we will consider what is a ‘stay of proceedings’ and look at what a court might consider to grant an application for a permanent stay of proceedings in child abuse claims.
Legislative win for first responders and emergency workers in Queensland workers’ compensation changes
In May 2021. changes to workers compensation (QLD) allow easier access to compensation for first responders and other emergency workers who sustain a post-traumatic stress disorder (PTSD) injury during the course of their employment.
Worker’s compensation NSW – an employer must provide suitable duties for injured workers in certain circumstances
Workers who have an accepted workers compensation claim in NSW, generally assume that they will return to work on “suitable duties” when possible. But what happens if an employer refuses to offer suitable duties?
Truck driver’s workers compensation appeal increases payout from $764,000 to $967,000
The recent Queensland Court of Appeal decision of Peebles v WorkCover Queensland has seen an injured worker’s damages increase significantly from $764,052.92 to $967,052.92. The Queensland Court of Appeal found that the trial judge had discounted economic loss too heavily and underestimated future weekly loss.