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...

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...

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...

Tips on how to succeed in your compensation claim

In our previous blogs in this series on Common Law compensation claims, we looked at the difference between a Common Law "lump sum" claim and a WorkSafe impairment "lump sum" claim. (Read Part 1 in the series here). We then looked at what you could expect once you go down the Common Law road. (Read Part 2 in the series here).

In this, the last in the series, I'll give you some tips to help secure the best possible outcome.

Keep a diary

Keep a diary of the...

So, you've decided to pursue a Common Law claim: A primer for the injured worker.

You've been injured at work and successfully lodged a WorkSafe claim.

You are getting weekly payments from WorkSafe which have helped pay your rent or mortgage and the bills while you've been unable to work.

You've been seeing doctors regularly and may even have had surgery. Thankfully, WorkSafe has been paying your medical expenses. You may also have been successful in obtaining an impairment claim lump sum.

You then decide to "cross the fault line" and pursue a Common Law claim for damages. (Our earlier blog...

A victory for common sense on defining serious injury - for now

What's in a definition? When serious injury is involved and large compensation payments are at stake, quite a lot.

WorkSafe excels at blocking workers who are attempting to have their injury classified as "serious".

Because a serious injury classification opens the door to more substantial benefits, including lump sum payments, the government and the employer put up strong opposition, particularly when there are grey spots in the law that can be exploited.

The finer print on defining serious injury is one of those grey spots. However, a recent court case has cleared up...

Not all lump sum payments are the same. Are you missing out on a Common Law claim?

If an injured worker pursues compensation for their work-related injury, there are two types of lump sum claims to consider. However there is a vast difference between the two.

So what?

Well, one, an impairment claim, rarely exceeds $100,000. The other, a Common Law claim for damages, can run to a seven-figure sum. And yet, both types of payouts can be awarded for the same injury suffered by a person at work.

It is unfortunate that some injured workers simply settle for the impairment claim, which is the more...

Breakthrough on serious injury gateway at Vic Court of Appeal

Supposing you're at work. One day on the job, you fall, injuring your neck very badly and also your knee. You are rushed to hospital and your neck is operated on. There is a problem with the knee but it is of less severity than the neck.

As you're recovering, you continue to have serious problems with your neck and less serious but still quite debilitating issues with your knee. The neck injury is considered to be a Serious Injury under WorkSafe, but the knee injury is considered to be a bad...

A new legal service for Cobden, Terang, Camperdown and the Shire of Corangamite

I was really pleased when we decided to open a new legal office in Cobden.

It's been on our radar as a firm for a while and it makes sense. Lawyers servicing Cobden, Terang, Camperdown, Port Campbell, Timboon and across the region generally have been in short supply, given the number of people living in the area. Given our determination to maintain services in regional communities, and job opportunities, I'm confident that our new Cobden office will be welcomed.

We've long serviced the south west of Victoria with specialist advice...

Sexual abuse in the Australian Defence forces – what we must do in the wake of the DLA Piper Review

The DLA Piper Review of allegations of sexual and other abuse in Defence (the Review) confirms what many of us who have worked in the areas of military compensation and sexual abuse have long known.

The Department of Defence is completely unable to deal with the "cancer" of abuse and bastardisation within its ranks because of cultural and systemic issues.

The Review is a first step hopefully in leading to justice and healing for the victims, punishment of the perpetrators (including for those...

Tougher bullying laws mean that there are more legal options available - but how effective are they?

Angela Sdrinis and Carol Andrades continue to examine legal avenues to compensation.

Part 2: Legal Remedies for Bullying - Tort of Intentional Harm, Anti-Discrimination Laws, Occupational Health and Safety Act 2004 (Vic) and the Fair Work Act 2009 (Cth)

As noted in Part 1 of the blog, there are thresholds which apply to the recovery of common law damages arising out of personal injury at work, including bullying behavior. In New South Wales, there has been at least one example (Naidu’s Case – see below) of...

Bullying at work - tougher bullying laws mean that there are more legal options available, but how effective are they?

Over two instalments, Angela Sdrinis and Carol Andrades examine legal avenues to compensation.

Part 1: Legal Remedies for Bullying-Criminal Law, Compensation and Negligence

Bullying at work has had a lot of media coverage following the death of Brodie Panlock, who committed suicide after being mercilessly bullied at work. On 31 May 2011, the Victorian Government passed legislation known informally as Brodie’s Law which made bullying a criminal offence in some circumstances.

Bullying can constitute a breach of the Occupational Health and Safety Act 2004...

A new legal service in the North and North West of Melbourne

RCT legal consultant, Ian Jupp, writes of the firm's new office location in Melbourne's North West.

Having only recently opened our new office in Glenroy, it has been good to meet with many locals who are in need of specialist injury lawyers in Glenroy, Broadmeadows, Westmeadows, Tullamarine and Campbellfield - in fact, right across the suburbs that are near Glenroy.

Of more a surprise was to see just as many clients seeking legal advice in relation to injury claims across the...

New victims of crime compensation laws don't address the real problem

Victims of crime will find it easier to access compensation, following changes announced just recently by the Victorian Government.

Changes to the law will give the Courts the powers to order offenders to pay compensation to victims of crimes which lead to the loss or damage to property, such as broken shop windows, graffiti, car damage and so on. Where there is sufficient evidence, the Courts will be able to order compensation without the need for the victim to make a separate application or give formal evidence.

While the changes are welcome, what...

Will there be anything left for me when the lawyers are done? Questioning your legal fee agreement can reduce your legal costs.

Shaun Marcus, Senior Associate with RCT, offers advice on how clients can protect themselves against being ripped off.

I've been in practice for 8 years as a plaintiff lawyer, mainly representing clients who have been injured at work or on the road and want to take their case to court.

The first interview with a client is always critical. It reveals a lot about how they feel as much as it does about the...

Warrnambool and South Grampians injury figures mask government's inaction

It was interesting to see two separate sets of figures released just recently by the Victorian Government that reveal the seriousness of injury levels across the south west of Victoria.

It would appear that serious road accident injuries are on the rise, with injuries in the Warrnambool, Corangamite and Moyne regions jumping by 30 percent and in the South Grampians district by a staggering 52 percent.

At the same time, the injury bill for workplace injury compensation has reached more than $50 million over...