Work Injury Damages Lifting Incident

Lifting Incident at Work Causes Injury to Back and Large Work Injury Damages Payout

Our client is a relatively young man who works in the construction industry. He is a very hard worker used to working on fly-in/fly-out projects, sometimes up to 16 hours a day for 7-10 days at a time. Early in his career, he suffered an injury to his back. He had a few weeks off…

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How Much Time Do You Have to Make a Personal Injury Claim

How much time do you have to make a personal injury claim?

Personal injuries usually are the result of negligence or breach of the duty of care from another person. There are various personal injury claim areas including: Injuries occurring at work (e.g. hurting your back from heavy lifting) Injuries occurring in public spaces (e.g. fall in a shopping centre) Injuries occurring in private areas (e.g. accident…

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slip and fall accident

Dos and Don’ts if You’ve Been Hurt in a Slip and Fall Accident

Slips, trips and falls are the second leading cause of injuries in Australia, accounting for over 20% of all injuries; falls within buildings are increasing by 15% over a 3-year period. Many preventable slips, trips and falls are happening: On poorly maintained areas on private properties such as at hotels, nursing homes or rental units…

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Is legal advice necessary for minor work injury

Is legal Advice Necessary When It’s a Minor Work Injury?

When a serious injury occurs at work, it may seem obvious that you are eligible for compensation to cover your out of pocket expenses. But what happens when you brush off a minor injury and it turns into something more complicated over time? Regardless of the severity, it’s important to notify someone at work if…

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work-injury-compensation

Are These Reasons Holding You Back from Speaking to a Compensation Lawyer?

Have you had an injury while at work but have put off approaching a compensation lawyer for advice as you feel you may be partly responsible for the accident? You’re not alone. Every year, many accidents that could have won compensation have gone without a claim ever being filed. Many Australians don’t feel confident to…

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crane operator success story

Crane Operator Falls Through Unguarded Skylight Lucky to be Alive

Our client is employed as a crane operator. He is sent by his company all over Sydney to work with various building companies doing various types of crane work. On this occasion, our client was sent by his employer to work with a builder who was constructing a block of flats on the lower North…

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Asbestos Victim Wins Damages

How to Claim Compensation if You or a Loved One is Diagnosed with Mesothelioma

Pleural Mesothelioma, the aggressive and incurable cancer of the lining (pleura) that wraps around the lungs, is caused by exposure to asbestos fibres. Symptoms and eventual diagnosis can take decades to reveal, in some cases, up to 40 years after first exposure. The consequences of asbestos exposure on unsuspecting workers in asbestos affected industries during…

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workers-compensation-claim-for-psychological-injury

How Can I Make a Workers Compensation Claim for a Psychological Injury (Stress)?

Before we go into compensation claims for stress, it’s important to clarify that when we talk about stress, it is about the clinical medical diagnosis and not the emotion of stress that most of us will experience regularly. Stress, like any mental illness, can often render employees unable to work for periods of time and…

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Injured or Sick and can’t work? You may have a TPD claim

Injured or Sick and can’t work? You may have a TPD claim

Are you missing out on work due to permanent illness or injury? Your superannuation may include insurance that can provide payment through disability insurance. What is TPD? TPD stands for Total and Permanent Disability, and is a term used for an illness or injury that prevents you from working. The majority of Australian superannuation funds…

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Work injury compensation-rights -temporary-working-visa

Can I Claim Compensation for a Work Injury in Australia if I’m on a Temporary Visa?

Australia draws many thousands of people from around the world each year to spend some time working and enjoying the lifestyle Australia has to offer. Many visiting non-citizens will be eligible to work for a part of their stay to keep a regular influx of money while they’re here, however not all visas permit this,…

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Decide-If-My-Injuries-Are-Caused-By-The-Accident

How Do They Decide If My Injuries Are Caused By The Accident?

Workplace or personal injuries are usually easy to point out when you go to make a claim, but adequately gathered medical evidence can often be the difference between getting deserved compensation and the insurers refusing to pay. There are myriad of scenarios where medical records over an extended period are essential to ensure a payout…

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Asbestos-Related Mesothelioma-Cancer-Claims-on-the-Rise

Asbestos-Related Mesothelioma Cancer Claims on the Rise

A recent KPMG report for James Hardie Industries revealed that claims in the 2017/18 financial year for mesothelioma was 5 per cent higher than the previous year, with 392 mesothelioma compensation claims reported. That’s a person diagnosed with the deadly asbestos-related cancer every single day! NSW has had the highest fatalities from mesothelioma Caused by…

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What-is-Public-Liability?

What is Public Liability?

You may have heard about the term public liability but like many people, may not understand what it means and can completely miss out on compensation you deserve. One of the most common misconceptions is that public liability is a claim you can make only if you get injured in a public place, like a…

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Questions-About-Return-to-Work’-Programs

Common Questions Asked About ‘Return to Work’ Programs

You least expect to be injured at work but it does happen. Especially if it has never happened to you before you may be unaware of your rights under the workers compensation system. You may be confused about what to expect after injury at work and how the return to work program works and what…

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What to Do if You've Been Attacked or Bitten by a Dog

What to Do if You’ve Been Attacked or Bitten by a Dog

Australians are a pet-loving community, and you would least expect a household family dog to attack someone. However, it’s not uncommon to hear about dog attack incidents flashed on the news, with victims ranging from young children to the elderly. If you or someone in your family has been attacked or bitten by a dog…

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Recovering Lost Earnings After an Accident if You Are Self-Employed

Recovering Lost Earnings After an Accident if You Are Self-Employed

When people think of workers compensation claims, it’s often in the context of an employee being injured during their employment. But what if you’re self-employed and engaged as a subcontractor and you hurt yourself while doing your job? Employee versus independent contractor The difference between an employee and independent contractor is based on many different…

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Independent Medical Examinations

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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Injured Worker Rights & Responsibilities

Questions and Answers What are my rights as an injured worker? Injured workers have a legal right to: Choose their treatment providers, including nominated treating doctors, medical specialists and rehabilitation providers Participate in the development of a return to work plan Participate and be consulted regarding the injury management plan Be treated with dignity and…

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Death Claims

Will the insurer cover the cost of the funeral if an injured worker dies as a result of their injury or disease? The insurer will pay funeral expenses in the event that a worker dies as a result of a workplace injury or disease. Limits apply to the amount the insurer will pay. If a…

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Property Damage: Can I Claim For Artificial Aids?

Can I claim for the cost of the repair or replacement of an artificial aid? If an artificial aid is damaged in an accident you may make a claim for these to be repaired or replaced. There are however limits on the amount the insurer will pay. Artificial aids can include: Artificial aids can include:…

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Returning to Work

Do I have to return to work? Injured workers have an obligation to participate in a return to work program and must make a reasonable effort to return to work on suitable duties once they have the capacity to do so. Workers who fail to comply with their obligations will be found to be non…

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Work Injury Damages

What can be claimed in a work injury damages claim? A claim for work injury damages is for past and future economic loss, including wages and superannuation. It does not include a claim for medical expenses. Can I claim further compensation after settlement of a work injury damages claim? No. A work injury damages claim…

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I Was Injured At Work. What Hurdles Do I Have To Overcome In Order To Bring A Work Injury Damages Claim?

The key hurdles that must be overcome are: 1. Your injuries must be as the result of your employer’s or a co-worker’s negligence. 2. You must have a minimum 15% whole person impairment. 3. Your whole person impairment must be agreed to by the workers compensation insurer or it must have been determined by the…

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Are There Any Time Limits I Need To Worry About In Bringing A Work Injury Damages Claim?

1. You must wait a minimum of six months from the date you reported the injury to your employer before court proceedings can be commenced. 2. Usually court proceedings are commenced within three years of the date that you were injured but don’t worry if this date has passed. Many injured workers bring their claims…

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If I Bring A Work Injury Damages Claim And I Run My Case, Can I Continue To Receive Weekly Workers Compensation And Have My Medical Expenses Paid By The Compensation Insurer?

No. If you receive a work injury damages settlement or award, this brings to an end all of your rights arising out of your injury once and for all. At Taylor & Scott, We Care For You.

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Workers Compensation Claims Time Limits

The New South Wales Government has established protocols for dealing with all types of compensation claims, including workers compensation claims. The legislation is overseen by the workplace health and safety regulator, SafeWork NSW, with the power to enforce safe work laws and investigate incidents. The laws are binding on both employers and employees to create…

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Are Journey Accidents Covered Under Workers Compensation Act

Worker’s rights related to being able to claim compensation for journey accidents have been severely restricted. To succeed in a claim, a worker must establish the journey accident occurred between home and work or vice-versa, with the journey having a substantial connection to employment. Each case is determined on its merits, according to the facts…

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Am I Covered If Work Injury Occurs Outside my Employer’s Workplace?

There are compensation claim responsibilities for both employer and employee in cases of outside workplace injuries. Employers are expected to provide a duty of care for all workers suffering from both work and non-work-related injuries, illnesses or medical conditions. Employees making an outside workplace injury compensation claim will need to back up their claim with…

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How Do You Claim Negligence Against a Nurse?

According to numbers released by The Australian Health Practitioner Regulation Agency (AHPRA) in late 2015, there are a total of 331,000 registered nurses and midwives in Australia. And, New South Wales is home to the most nurses with 79,004. We trust these medical professionals with our medical treatment. We put our care and that of…

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What Must Be Disclosed In A Medical Negligence Claim?

When you go to a professional for advice, that’s exactly what you expect. Professionals working in skilled and specialised professions, from accountants and engineers to doctors, owe their clients a duty to act with reasonable care and skill. When a professional fails in this duty it is referred to as professional negligence and a client…

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Do I Need A Workers Compensation Lawyer?

Anyone who suffers injuries at their workplace can seek workers compensation. NSW employers are bound to have workers compensation insurance to cover themselves and those working for them in such events. Workers compensation is a “no-fault system”, and employer’s negligence does not need to be proven to make a claim. Injuries covered include physical harm,…

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Stay Safe: Increased Risk of Motor Vehicle Accidents During the Holidays

Christmas is a joyful time bringing with it the party season. Whether you’re rushing from shopping centre to shopping centre doing last minute gift shopping, juggling various office Christmas parties and social commitments or planning long road trips with the family during the break – it’s better to prepare yourself for the risks on the…

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Is a Noisy Working Environment Causing You Hearing Difficulties?

Industrial deafness is an induced hearing loss caused from prolonged exposure to noisy work environments. A range of symptoms could occur, from diminished hearing in one or both ears to temporary or permanent loss of hearing. To make a hearing loss compensation claim it is best to talk to expert compensation lawyers for sound legal…

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How the New CTP Scheme Commencing in December 2017 Will Affect Motor Accident Compensation Claims

All drivers on NSW roads should be concerned and here’s why. The proposed new changes to the NSW Motor Accident laws will commence in December 2017. This will mean significant changes to the compulsory third party (CTP) scheme which will reduce benefits for up to 90% of people injured in motor vehicle accidents. This will…

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Are Work Injury Damages and Workers Compensation Claims the Same Thing?

Getting injured at work can be traumatic and have a lasting impact. How do you know if you satisfy the eligibility criteria to claim compensation? Unlike workers compensation claims which have provisions for weekly compensation, medical expenses and lump sum compensation, a work injury damages claim is restricted to past and future economic loss including…

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What Are Your Rights if You’re Injured While at the Supermarket or Shopping Centre?

When you and your loved ones step out of the house every day you expect them to return safely. You have the right to be safe in public places, be it a shopping centre, nightclub or even the gym. However, no matter how careful you are, mishaps can happen to anyone, with little forewarning. Public…

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How are WorkCover Weekly Payments Calculated?

One of the first questions asked by an injured worker is “what will I be paid if I am unable to work to my full capacity?” The answer to this depends on the worker’s earnings prior to injury, their capacity to work following their injury and the amount of time they require off work. Payments…

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Product Liability – What You Need to Know

A couple of months ago, a fatal car accident in Sydney made news headlines when investigations revealed the man’s death was likely due to a faulty Takata airbag, causing the man to be struck in the neck with a piece of shrapnel. That accident triggered safety fears for over half a million motorists in Australia…

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Workers Compensation – Skin Cancer

Many workers in NSW spend large parts of their day working outdoors, exposed to the sun. As a result of this sun exposure, some workers develop skin cancer. If it can be established that the sun exposure whilst at work was the main contributing factor to the development of the skin cancer the worker may…

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Have You Ever Been Injured in Your Rental Property?

With rising property prices it’s no surprise that more and more people are opting for rented accommodation. But what happens if as the tenant, you’re injured by fire because of a faulty smoke alarm or if your child is hurt because of a damaged pool fence or you slip and fall in the mould-covered outdoor…

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Injuries at the Gym – Are you Entitled to Compensation?

Headlines were made in late March this year when it was revealed Silverchair drummer Ben Gillies is suing a Melbourne gym after he suffered a serious injury while training there. The famous drummer seriously injured his shoulder after his trainer allegedly insisted he lift a weight which he claimed was too heavy. The injury has…

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Compo Insurer Refuses to Pay For Surgery to Injured Worker – Successful Workers Compensation Claim

Our client worked as a construction worker & his job required him to operate a ride on roller. On this day he was reversing his roller, smoothing out an area of ground in preparation for building work. As he reversed his roller he struck a large rock causing the roller to rise up and fall…

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Injury Compensation Time Limits You Should Be Aware Of

Compensation law covers a wide range of personal injury matters. When a person suffers physically or psychologically, or dies due to someone else’s negligent actions, a compensation claim can be made. Personal injuries are many and varied, occurring under different circumstances, with the law categorising personal injuries accordingly. For example, vehicle accidents and workplace injuries…

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I’ve Been Injured in a Taxi

Recent New Year’s celebrations would have seen many party-goers opt for a taxi, unfortunately, taxi drivers in Australia often suffer a bad reputation among passengers and even other drivers. While many taxi drivers offer a valued service and see passengers from one place to another without a problem, there are those drivers whose erratic driving,…

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Have You Been Injured on Public Transport

With a rising population and roads that can barely keep up, driving to and from work every day can be a nightmare on the busy roads in New South Wales. Traffic, combined with high petrol prices, increasing tolls and the cost of parking has lead many people to rely on public transport for their daily…

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7 Things You Should Do After a Shopping Centre Accident

A trip to the local shopping centre is a day-to-day activity for most Australians. For some people, shopping is akin to a sport, for others, it’s a necessary evil. Whether you love shopping or hate it, the shopping centre continues to draw a crowd with more than shopping on offer. Shopping centres are home to…

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Do I Have a Public Liability Case?

  We’ve all heard the proverb ‘accidents will happen’. It’s a consoling phrase when a mistake has been made, but when an accident causes serious injury and hardship the sentiment is not so comforting. It can be even more distressing if the ‘accident’ occurs as a direct result of someone else’s action, negligence or the…

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Injured On Private Property? Public Liability Insurance May be the Answer

When you shop at a store or visit your doctor’s office, you expect the premises to be safe. If it isn’t and you’re injured, you should be compensated. The same is true when you go to a friend’s house. You assume that the place is safe and that you will not be hurt. No one…

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Shop Assistant “Bullied And Harassed” Wins Weekly Workers Compensation Payments And Medical Expenses

Recently, Kimberley Becker, Associate at Taylor & Scott, finalised a claim for a shop assistant. Our client had worked for a large supermarket chain for several years. Originally she worked the night shift, finishing work around midnight. Fortunately her husband had been able to change his shifts at his employment to the nightshift so he…

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Dog Bite At Friend’s Barbeque Results In Substantial Payout To Victim

Recently Simon Meigan, Accredited Specialist in Personal Injury, concluded a claim on behalf of a client who had been attacked by a dog at a friend’s barbeque. The owners of the dog had invited several friends to a backyard barbeque. During the barbeque the owner invited his friends to have their photo taken with the dog. At one…

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Construction Worker’s Wear And Tear Finally Catches Up With Him TPD Claim Successful

Ray McClenahan heads our TPD department here at Taylor & Scott. Ray is an Accredited Specialist in Personal Injury. Ray reports on a recent case he had for total and permanent disablement for a construction worker: “John has spent a lifetime working in the building industry. Unfortunately this heavy work has taken its toll leaving…

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Visit To Supermarket – Disastrous Consequences

Recently David Hartstein, Accredited Specialist at Taylor & Scott, and his team, concluded a case for a tradesman who loved to cook. Our client wanted to cook a special meal for his family, so with shopping list in hand he set about buying the necessary ingredients at the local supermarket. As he pushed his shopping…

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