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Work Capacity Assessments and Work Capacity Decisions

Questions and Answers   What is a work capacity assessment? It is an assessment conducted by the insurer to determine if the injured worker has the capacity to return to their pre-injury employment or some other suitable employment. What is fair notice? Fair notice is the notice given by the insurer to an injured worker…

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Weekly Compensation

Questions & Answers   How long does the insurer have to determine a claim for weekly compensation? The insurer has 21 days to determine a claim for weekly compensation.   Is weekly compensation taxed? Yes, as it is deemed income.  

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Lump Sum Compensation

Questions and Answers   How long does the insurer have to determine a claim for lump sum compensation? The insurer has one month to determine a claim for lump sum compensation if the degree of permanent impairment is fully ascertainable. If the insurer requires additional information the insurer has two months to determine the claim…

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Bullied miner

Weekly Compensation

General Questions & Answers     What are pre-injury average weekly earnings? Pre-injury average weekly earnings (PIAWE) is a calculation performed by the insurer which determines an injured workers rate of weekly compensation. It is the average of the worker’s earnings with the employer prior to injury for up to a period of 12 months….

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What is Covered in Personal Injury Compensation?

Weekly Compensation – No Capacity to Work

What are my entitlements to weekly compensation during the first entitlement period if I have NO capacity to work? The first entitlement period is the first 13 weeks of weekly compensation. During the first 13 weeks of weekly compensation where a worker has no capacity to work payments will be calculated at 95% of the…

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Injured Workers

Questions and Answers What should an injured worker discuss with their nominated treating doctor during the initial consultation? It is important that injured workers communicate with the nominated treating doctor exactly how the injury occurred. All injuries sustained in the accident should be recorded even if they appear to be minor at the time as…

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Workers Compensation and Work Injury Damages

Suspension & Work Capacity

Weekly Compensation Can the insurer suspend or reduce payments of weekly compensation? The insurer may suspend or reduce payments of weekly compensation if the worker fails to: provide a current certificate of capacity provide relevant documentation such as wage records, medical reports or statutory declarations that have been requested by the insurer attend medical appointments…

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Negligence Claim Hand Injury

Medical Expenses & Treatment

Questions and Answers Who do I speak to first when I have been injured at work? If you have been injured at work it is advisable to speak to a qualified workers compensation lawyer as soon as possible to make sure that you are receiving appropriate workers compensation benefits and to maximise potential claim outcomes….

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What is Covered in Personal Injury Compensation?

Provisional Liability

What is provisional liability? Provisional liability is an interim decision on liability. It allows for financial assistance to be provided whilst the claim is investigated and a decision on actual liability is made. How long is provisional liability? Provisional liability is for a period of 12 weeks or up to $7,500 in medical expenses whichever…

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Property Damage as a Result of a Workplace Injury

How long does the insurer have to determine a claim for property damage? The insurer has 28 days to determine a compensation claim for property damage, which includes damage to clothing, crutches, artificial members, aids, teeth or spectacles.

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Weekly Compensation – With Capacity to Work

What are my entitlements to weekly compensation during the first entitlement period if I have capacity to work? The first entitlement period is the first 13 weeks of weekly compensation. During the first 13 weeks of weekly compensation where a worker has capacity to work, payments will be calculated at 95% of the workers pre…

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High Needs Workers

Questions and Answers What is a worker with high needs? A worker with high needs is a worker who has 21% whole person impairment or more, including workers who have not yet been assessed but the insurer is satisfied that the level of impairment is likely to be 21% or more. It also includes workers…

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Factual investigators

Questions and Answers Can the insurer arrange a factual investigator? The insurer can arrange a factual investigator to interview injured workers and other witnesses to obtain a statement to assist with the determination of liability. Insurers can also use factual investigators to conduct surveillance and obtain footage of injured workers after their injury as a…

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Insurer Deny Responsibility

Questions and Answers Why might the insurer deny liability? There are a number of reasons why the insurer may deny liability for injury, weekly compensation, medical treatment or lump sum compensation. These reasons can include: Injury was not sustained at work The injured person is not a worker for the purposes of workers compensation Employment…

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Work Injury Damages Lifting Incident

Workers Compensation – Heart Attacks & Strokes

Questions and Answers When can the insurer arrange an Independent Medical Examiner? The insurer can arrange an independent medical examination if information from the treating doctors is inadequate, unavailable or inconsistent or the insurer cannot resolve issues directly with the injured worker’s treating doctors. How much notice do the insurers have to provide workers before…

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Mesothelioma

Mesothelioma in Australia

Australia has one of the highest rates of mesothelioma in the world. But what is Mesothelioma? Mesothelioma is a rare and aggressive form of cancer that develops in the thin layer of tissue that covers the lungs. This dust disease can progress rapidly with no known cure for it currently. Exposure to asbestos is the…

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Workers Compensation Claims – General Q&A

Workers compensation is awarded to people suffering from work-related injuries. NSW employers are bound to take out workers compensation insurance to cover physical damage, psychological suffering and any disease contracted during employment. Compensation payments also cover aggravation of an existing ailment and in very limited circumstances injuries sustained travelling to and from work. NSW compensation…

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Lump Sum Compensation for Permanent Impairment

Am I entitled to lump sum compensation for my permanent impairment? An injured worker will only be entitled to lump sum compensation if their level of permanent impairment is assessed at 11% whole person impairment or more for physical injuries and 15% whole person impairment for psychological injuries. This does not apply to police officers,…

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What Are My Entitlements for Medical, Hospital and Rehabilitation Expenses?

Anyone suffering from a work-related injury or illness is entitled to compensation. NSW compensation law protects workers who are employed full time, part-time, casual or on commission basis. Subcontractors working for the employer are also considered ‘workers’ in some instances. NSW legislation for employers includes the duty to provide a safe workplace for staff. Compensation…

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What Are My Entitlements to Weekly Compensation in New South Wales?

A worker who suffers a work injury resulting in economic loss may be entitled to weekly payments. Weekly payments may not exceed $2,042.80 (from 1 April 2016), which is the maximum prescribed amount, adjusted every April and October. No weekly payments are payable after retirement age for any injury which occurs prior to retirement age….

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What Are The Different Types of Negligence Claims?

Compensation law is incredibly specific; as expected when dealing with potentially large monetary loss or gain. Negligence claims are among the most common compensation scenarios affecting Australians, so it’s worth being prepared for the unexpected. Every negligence claim type contains variations that require addressing, including communication with affected parties and collection of paperwork, documentation and…

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Medical Negligence Claims: What Are The Steps Taken?

Negligence claims are an accepted fact where standards of care and safety fall below acceptable levels. Taylor & Scott Lawyers are there to support claimants when needed, providing extensive compensation law guidance to secure successful claim outcomes. Medical negligence is a complex compensation field requiring the investigative abilities of industry experts – that’s where Taylor…

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If You Lodge a Work Injury Damages Claim on my Behalf and we Don’t Proceed or I Lose the Case, do I Have to Pay the Defendant’s Costs?

Q: If You Lodge a Work Injury Damages Claim on my Behalf and we Don’t Proceed or I Lose the Case, do I Have to Pay the Defendant’s Costs? A: You will not have to pay the Defendant’s costs up to and including the mediation. After the mediation, if you were to lose the case…

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What Is The Position With Legal Costs In Workers Compensation?

Reluctance toward making a compensation claim is often attributed to the cost. Most people can’t afford legal fees and other expenses up front, particularly at a time when the future is uncertain. Workers Compensation claims apply strict rules, including the responsibility of affected parties to pay their own legal costs. Taylor & Scott Lawyers remove…

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I Have Suffered a Permanent Injury, Can I Sue For Negligence?

Permanent injury is that which impairs the physical or mental ability of a person to perform regular tasks. New South Wales compensation law has established guidelines for evaluating permanent injury compensation claims based on the degree of impairment suffered. Permanent injury compensation can be the result or a work incident, car accident, or other situation…

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Negligence Claim: What is Taylor & Scott’s Offer in Respect of Legal Costs?

Q. I Want to Bring a Negligence Claim. What is Taylor & Scott’s Offer in Respect of Legal Costs? A. Following your free case assessment with our expert work accident compensation lawyers, if we agree to act in any common law proceedings whether against your employer or otherwise, we will prepare a detailed costs disclosure…

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Work Capacity Decisions Explained

Do compensation lawyers assist with work capacity decisions? Taylor & Scott Lawyers are familiar with all aspects of compensation claims, including work capacity assessments, decisions, and outcomes. Compensation lawyers work alongside other legal professionals, medical experts, government agencies and insurers to provide clients with a comprehensive, tailor-made compensation claim. Qualified industry experts, including Taylor &…

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What Does a Compensation Lawyer Do?

Accidents can strike out of the blue, anytime and anywhere, leaving you injured and traumatised, both physically and mentally. While you’re dealing with the aftermath of your injuries, you may not always realise that you are entitled to seek compensation to help with your recovery. That’s where Taylor & Scott compensation lawyers can help. What…

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Can I Get A Second Opinion With Compensation Lawyers?

The answer is a definite YES! Here’s why you should. You may think that with matters regarding your health it’s worth getting a second opinion for your peace of mind. When it comes to personal injury suffered due to someone else’s negligent actions, like in a car or motorcycle accident, getting a second objective opinion…

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