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...

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...

Long running workers comp case finally delivers results

Stringer Clark recently had a successful resolution to a long running workers compensation case which has finally brought suitable compensation for our client.

In July 2000, our client had been rostered to work from 7am to 3.15pm, followed by a sleepover shift commencing at 8pm that same day until 8.30am the next morning. According to our client, "sleep" wasn't a feature of the shift as our client was up most of the night, caring for a sick person who was eventually taken to hospital that morning. At 9am that morning, half an hour after...

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...

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...

New WorkCover law enables Treasurer to tax at will

Legislation just introduced by the Baillieu Government will give the Treasurer, Kim Wells, the power to tax the Victorian WorkCover Authority at will.

The government late last year flagged its intention to pull $471M out of the WorkCover scheme as a "dividend" over the next four years, which is really just a raid on its cash. It was met with howls of protest from many, including the former Chairman of the Victorian WorkCover Authority, James MacKenzie, who slammed it saying, "The big risk is that employer premiums will have to rise, or benefits...

Non-English speaking workers are compo casualties - Safe Work Australia Report

If English isn't your first language, chances are you are missing out on injury compensation benefits.

A recent report released by Safe Work Australia reveals that workers with non-English backgrounds are up to one third less likely to claim for benefits if injured.

According to the report, only one in three (34%) of injured workers born in a non-English speaking country apply for workers compensation. That compares to a claim rate of 45% among workers born in Australia.

While the report does not delve into the reasons behind...

Don't let a bumper crop turn into a grim harvest

By Michael Burdess, with thanks to Tanya Neilson

Good weather and bumper crops may also yield a bitter harvest of farm injuries for any farmer who tries to take short cuts.

WorkSafe has already rightly issued stern warnings to farmers about the increased risk they run if they try to cut corners while gathering in this season's crops.

This comes on the back of record numbers of farm injuries across country Victoria, and the alarming statistic that so far this year, half of all workplace deaths across the State have occurred on farms.

I...

Lodging a WorkCover claim doesn't mean you're suing your boss

Mary: "John is still off work. It's been weeks now. His hernia is giving him grief. He's waiting on the doctor to call hin with a date for surgery."

Bob: "What's he living off?"

Mary: "Just his savings. He's scraping by, but he's struggling."

Bob: "He should consider lodging a WorkCover claim."

Mary: "Yeah, He's mentioned it but he doesn't want to. He's not that type of guy."

Working in a smaller community, I often overhear this kind of conversation. Lodging a WorkCover (or WorkSafe) claim still carries a stigma with it among some people, particularly in the...

Harassment allegations at WorkSafe - media reports

The Age reports today on the worrying culture of bullying allegedly in place at the State's key workers compensation authority, WorkSafe.

The story maintains that bullying and stress claims are at an all-time high within the Authority.

It is embarrassing for WorkSafe that runs a high profile media campaign against workplace bullying, while also encouraging workers to return quickly to work during their rehabilitation.

In the experience of our workplace accident and compensation practice, our injury lawyers are often dismayed by the dismissive nature of WorkSafe to claims made for stress, often as a result of...

Barb, a nurse, speaks about her work injury and the challenge of rebuilding her life.

Barb knew from the time she was a child that she wanted to be a nurse. She rose to become a charge nurse and gained a special interest in working with people with cystic fibrosis, a passion that took her to hospitals around the world.

That all ended one day when she sustained a seemingly innocent injury while lifting a heavy patient, accidentally twisting her knee while trying to protect her back.

Expecting to be back in the Ward after a short treatment, she was confronted by...

WorkSafe now continues to pay superannuation to injured workers

(that is, as long as your workplace injury was after 5 April 2011)

It has long been a source of frustration, if not anger, among injured workers that, having suffered the pain of a workplace injury, which can often end their jobs, they then incurred the indignity of having their Super suspended forever, with little prospect of adding to their retirement money.

One of the welcome, if often overlooked, changes made to compensation law last year now requires WorkSafe to continue paying superannuation to injured workers.

Under changes made to the Accident Compensation Act, WorkSafe will...