Category: Personal Compensation Law
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.
NSW workers compensation claims for psychological injury
Workers compensation claims for psychological injury, whether due to bullying and harassment or due to a traumatic event, require expertise, patience and provision of a lot of support to injured workers.
NSW workers compensation win for significant injury months after initial workplace incident
We recently represented a transport driver who was involved in a workplace accident involving sudden braking, resulting in a seemingly minor injury. The worker suffered some shock and what he thought was a muscular injury to the shoulder. No claim was lodged until months later after exacerbation of the injury.
Emerging history of Launceston nurse’s acts of sexual abuse
Launceston nurse, James 'Jim' Griffin has been charged by Tasmania Police with more than a dozen offences related to child sexual abuse. We believe there may be a basis to allege that the departments and organisations involved, breached their duty of care.
WorkCover Tasmania - your plain English guide to workers compensation
Making a workers’ compensation claim can be a confusing process, especially if you’ve never done it before. But it’s also a very important step to take to ensure your rights are protected in the unfortunate event you are injured at work in Tasmania.
Coronial inquest to determine if victim was an “employee” at the time of death
This matter is dealing with the death of a man after a bee sting. It is before the Coroner in the Magistrates Court Coronial Division. One of the main issues to be determined is whether the victim was a “worker” at the time of the incident, which impacts entitlements for the family under workers compensation and fatal accident laws.
Workers compensation win for FIFO worker in the NT
Hall Payne Lawyers recently successfully represented a union member and former FIFO mine worker who seriously injured himself following a workplace accident. We were successful in winning his case following a 5-day trial before the Work Health Court in the Northern Territory.