Initial mis-diagnosis of road injury can have serious consequences

Many people who have been in a road collision and are taken to hospital for diagnosis are being discharged prematurely and then denied assistance from the TAC.

I am encountering a growing number of clients whose claims for medical expenses, weekly payments and other benefits are being denied by the TAC when made weeks and months after a road accident because their injuries were not picked up when first diagnosed at hospital.

Yet many victims of car, motorbike and bicycle accidents who are in discomfort or pain immediately following a collision will admit themselves...

Comcare review demands quick action

Peter Hanks QC has handed down his review of the Safety Rehabilitation and Compensation Act 1998 (SRCA), which contains some excellent recommendations for reform of the national Comcare scheme.

The last review into the Comcare scheme was completed in 2009 when Julia Gillard was the Minister for Workplace Relations. Sadly, one of the most important recommendations from that review putting time limits on employers in determining claims is yet to be implemented.

The problem for this review is that a fast closing political window could well see the reforms it recommends languish under a change of government. In...

Have you been sacked because of a TAC injury claim?

If you’ve been injured on the road you might find that the road back to work is more than a little bumpy. 

Car and other road injuries can stop you from performing your normal work duties. This should not be a problem if you have a sympathetic boss, but the more severe your injury and prolonged your rehab, the less understanding your boss is likely to be.

Under the TAC Act, there are provisions for income support for road accident victims who need time off work.  However, unlike WorkCover where employers are legally...

Labour hire firms offer cold comfort for road accident victims

Getting back to work following a road accident injury can be fraught.

Many people who are laid off work as result of being injured have done so outside of work, possibly even on their way to or from the workplace. As a result, they are covered by the Transport Accident Commission under their no-fault insurance scheme.

While WorkCover legally requires an employer to help an injured employee return to work, often on an alternative job that requires lighter duties, the TAC scheme offers no such protection.

The provisions within that scheme do allow for...

Government steps up fight on asbestos in the community

Whilst many workplaces have had coordinated measures of preventing asbestos exposure in place for a number of years, many people in the community have not had the same protection or understand the risk they have of being exposed, including around the house from day to day. 

The Government has announced a new body to assist in arranging measures to avoid exposure around the community. The new body, the Asbestos Safety and Eradication Council, will monitor and promote research about asbestos safety in the community.

Unfortunately, Australia is the world leader when it comes to the...

WorkCover, TAC claims and you. Part 5

Our firm has helped nearly 70,000 claims on behalf of WorkCover and TAC clients. There aren't too many questions that we haven't heard, and answered, before.

In this series of blogs, injury experts Peter Claven and Michael Burdess tackle some of the misconceptions.

Will the TAC start spying on me to see if I'm telling the truth if I lodge a claim for my car injury?

It is quite rare for someone to be put under surveillance merely for lodging a TAC claim. This would only be done in a small...

WorkCover, TAC claims and you. Part 4

Our firm has helped nearly 70,000 claims on behalf of WorkCover and TAC clients. There aren't too many questions that we haven't heard, and answered, before.

In this series of blogs, injury experts Peter Claven and Michael Burdess tackle some of the misconceptions.

I'm worried that my WorkCover claim will take years before it is decided. Do they always drag on?

Medical expenses and weekly payments are covered immediately upon the claim being accepted, which is usually decided within 30 days of being lodged. The time that it may take to...

WorkCover, TAC claims and you. Part 3

Our firm has helped nearly 70,000 claims on behalf of WorkCover and TAC clients. There aren't too many questions that we haven't heard, and answered, before.

In this series of blogs, injury experts Peter Claven and Michael Burdess tackle some of the misconceptions.

Will my claim stop when I return to work.

Getting back to work can be one of the best things for an injured person, as long as it is done in the right way. However, many people are under the misapprehension that when they return to work their...

WorkCover, TAC claims and you. Part 2

Our firm has helped nearly 70,000 claims on behalf of WorkCover and TAC clients. There aren't too many questions that we haven't heard, and answered, before.

In this series of blogs, injury experts Peter Claven and Michael Burdess tackle some of the misconceptions.

I've heard that my lawyer can't do conciliation conferences. Is this true?

With the permission of the employer or insurance agent, a worker is allowed a legal representative to attend at a conciliation conference on their behalf.

If your lawyer is not attending your conciliation conferences or is not...

WorkCover, TAC claims and you. Part 1

Our firm has helped nearly 70,000 claims on behalf of WorkCover and TAC clients. There aren't too many questions that we haven't heard, and answered, before.

In this series of blogs, injury experts Peter Claven and Michael Burdess tackle some of the misconceptions.

Will I be charged a percentage of the settlement sum?

This is a very commonly held belief both before and after a client has read the cost agreement. It is illegal for a lawyer in Victoria to charge a percentage of a settlement sum. If a case is...