Nobody can predict a workplace slip and fall. It is possible to be on the job one minute and then on the ground in severe pain the next. If you’ve had a slip and fall at work and want to file a compensation or negligence claim, you need to understand your rights and ensure you…
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Medical negligence is a serious issue that affects many people. Knowing your rights and what to do if you have been the victim of medical negligence is crucial. What Is Medical Negligence? Medical negligence (medical malpractice) is defined as a medical professional’s failure to deliver a standard of care that meets the medical community’s accepted…
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Our 83-year-old client was leaving the hospital after visiting her late husband, who was a patient at the time. Whilst leaving the emergency department, she was knocked over by the downdraft of a helicopter landing. Hospital workers had made an error by leaving the door to the emergency department open. The open door resulted in…
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You would not expect to be injured while shopping at Coles or Woolies. Unfortunately, accidents are much more common than you think, so it’s important to understand slip and fall supermarket cases to be prepared in this unfortunate situation. The Civil Liability Act is legislation that applies where negligence is alleged against a person or…
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People suffering from work-related injuries can claim workers compensation. In NSW, Workers Compensation Law requires all employers to take our worker’s compensation insurance. It covers all workers – full-time, part-time, casual and commission. Subcontractors may also be “deemed” workers depending on the details of the relationship. What type of injuries does workers compensation cover? Workers…
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Many superannuation policies offer a Total and Permanent Disability (TPD) benefit. It’s a wonderful safety net to have as TPD benefits are designed to provide a lump sum payment if an illness or injury prevents you from working. TPD benefits were originally intended to provide enough money to make up for the lost super contributions…
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If you’ve sustained an injury at work and cannot work to your full capacity, it can significantly impact your financial stability. Particularly in the case of a serious injury resulting in a prolonged absence from work. Luckily, workers compensation payments are designed to help cover a number of costs and financial losses, taking into account…
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Social media has become an integral part of our daily lives over the last couple of decades, and although some of us may not share our most intimate thoughts and moments on the platform of choice, you’d be surprised as to just how much information one can gather about you on there. When it comes…
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When it comes to hit-and-run motor accidents, due to the fact that the driver at fault cannot be identified, some people may think that compensation is unattainable or too difficult a task. The fact of the matter is, if you’ve been injured in any way, you have a legal right to make a claim. You…
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Every worker has a basic right to feel safe in their workplace, and whether it’s your physical or mental health, your employer has a duty to protect that right at all times. Despite this, many people – from interns to senior managers – still become victims of workplace bullying. Many workplaces should have procedures and…
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Having any kind of surgery inevitably comes with risks. However, every doctor should provide their patient with all the necessary information during their consultation, to where the patient agrees to undergo the surgery despite the risks involved. Otherwise, you may have a medical negligence case on your hands. Interestingly, it was reported in the Annals…
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Everyone has the right to work in safety. In fact, your employer has a legal obligation to ensure your safety while at work. But sometimes things go wrong. If you have an accident at work due to your employer’s negligence, you may be able to make a claim for compensation. When can you claim? Claims…
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If you suffer a workplace injury, and it’s significant, you may be able to claim for loss of income (learn more here). Such a claim is under the Workers Compensation scheme. If you were injured as a result of the fault of an entity other than your employer, you have legal rights under another piece…
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Many superannuation policies offer TPD insurance (also known as Total and Permanent Disability insurance). While policies differ, and some pay more than others, TPD claims provide a lump sum payout if you can prove your illness or injury is permanent and prevents you from working (for specific details on what your TPD policy covers, check…
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Depending on your superannuation policy, part of your contributions may be paying for insurance. There are usually two types of insurance cover – Total and Permanent Disability (TPD) cover and Total and Temporary Disability (TTD) cover. What’s the difference? Claims for Total and Permanent Disability (TPD) can be made if you are mentally or physically…
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A fall is always startling, a little embarrassing and very distressing if you have hurt yourself badly. That’s one of the reasons we all have a legal responsibility to protect each other from foreseeable harm. It’s called a Duty of Care and it means individuals and organisations are obliged to provide a safe environment. If…
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When we enter the workforce following school, trade school, or university, we immediately start contributing to our superannuation fund. Commonly referred to as our ‘nest-egg’, superannuation is a lump sum of money that pays for our retirement. As we inevitably edge closer to retirement age, we all want our nest egg to be as large…
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Have you ever walked through a public place and noticed a safety hazard? Risks are more common than you think. And often, injuries happen when you least expect it, so it’s always helpful to know your rights and entitlements. Often, when people are injured in public, they assume that they are liable for not being…
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Motor vehicle accidents are more common than you think. With around 12,000 serious injuries in NSW per year involving motor vehicles, there is a push for motorists and pedestrians to be prepared and know their rights more than ever. Thankfully, there is a system that protects and cares for those who’ve become injured in motor…
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Even though our job makes up such a significant part of our lives, most employees don’t know what rights and legal entitlements are until something goes wrong and they have to take their employer to court. Employees need to know their entitlements from contractual, Award and legislative standpoints. Employment law helps safeguard employees from being…
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Social media is a big part of our lives. It hosts a wellspring of accessible information, especially when it comes to legal cases. This is, however, a catch 22, because it can allow lawyers to access supplementary information that can determine whether you win or lose your case. Social media can be used for and…
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New superannuation laws came into effect from 1 July 2019. The new laws brought about several changes, including automatic cancellation of insurance for inactive accounts. These changes may have left you wondering what insurance is actually provided through your superannuation account? Those contributing to a superannuation fund are usually covered for total and permanent disability…
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In cases of personal injury, attention is often given to medical expenses and loss of earnings, but those who have been seriously injured will generally require help in all areas of their lives. What is domestic care and assistance? A claim for domestic care and assistance covers the cost of everyday tasks that an injured…
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We’ve all missed a deadline at some point in our lives. But when it comes to making a workers compensation claim, missing the deadline could have lifelong consequences. In this blog, we look at the time limits that apply to workers compensation claims and circumstances where there are time limit exceptions. What time limits apply…
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Workers compensation in NSW encourages injured workers to return to work as soon as possible. With the help of a case manager or workplace rehabilitation provider, it is the responsibility of both the injured employee and employer to support an injured worker’s return to work. This is called the return to work program. Enabling an…
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Most children are born risk-takers, and the school playground or buzzing classroom presents a ‘perfect storm’ for adventurous little ones, oblivious to the laws of gravity. Grazed knees and bumps to the head are all too common, but when an accident results in a serious injury, parents may wonder how it was allowed to happen…
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Injuries that prevent a person from working or earning an income can be devastating and cause considerable concern for what the future holds. TPD claims, or total and permanent disability claims, are a form of insurance offered by most superannuation funds, which provide a lump sum of financial support that covers medical expenses and loss…
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The law recognises that bullying isn’t confined to the schoolyard and sadly workplace bullying is all too common. Workers have a right to work in a safe environment free from bullying and harassment and employers have a duty to ensure these rights are upheld. Workplace bullying is a form of harassment and when it…
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Workers compensation has been operating in Australia for many years. The scheme is backed by the philosophy that Australians who are injured or become sick as a result of their work should be compensated and helped, as much as possible, to return to their previous position. However, legislation surrounding workers compensation in Australia is…
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Many employees carry out their work completely unaware of workers compensation schemes and the legal rights available to them. When an employee is injured at work, they may be faced with 2 separate opportunities for compensation which can lead to some confusion. These separate types of compensation are workers compensation and work injury damages….
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When a person sustains an injury as a result of someone else’s negligence they may be entitled to claim compensation for their injury. This is called personal injury compensation. Any claim needs to be filed in court within 3 years of the date of the injury. Personal injuries fall into three major categories including public…
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In NSW, compensation for motor vehicle accidents is covered under the Motor Accidents Injuries Act 2017. The no-fault scheme allows all injured road users, regardless of fault, to make a claim. Statutory benefits and damages are available to injured road users depending on the circumstances surrounding the accident and their injuries. So, what can you…
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Thousands of Australians are affected by injury and chronic conditions, sustained on the sporting field, in a car accident or from birth. If you’re one of many working with a pre-existing condition, it is important to know how this will affect a workers compensation claim, should you need to make one. What is a workers…
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Apart from motor vehicle accidents and work injuries, the Civil Liability Act 2002 governs negligence claims in NSW. Negligence is a principle originally established in common law, but now modified and enshrined in legislation. Essentially, negligence arises when a person does not exercise ‘reasonable care and skill’ whilst conducting their duty of care obligations. It…
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Workers’ compensation schemes have been operating in Australia for over a century. While the systems have changed over the years, the goal has always been the same: a worker injured physically or psychologically, or suffering from a disease contracted or exacerbated at work should be compensated for that injury or disease. A work-related injury or…
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Legal disputes where two parties do not agree on the facts are commonly described as ‘he said she said’ cases, but where a case involves negligence the term ‘his fault / her fault’ may be a more appropriate description. In cases of negligence, it is up to the injured party (plaintiff) to prove the defendant…
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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…
Read MoreWill 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…
Read MoreCan 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 eyes false teeth…
Read MoreDo 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…
Read MoreWhat 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…
Read MoreThe 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…
Read More1. 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…
Read MoreNo. 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.
Read MoreThe 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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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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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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Everyone has to see a medical professional at some point or the other. On occasion, you or a family member may be told by the doctor that you will require invasive tests or even surgery as part of the treatment. You wouldn’t agree to something you didn’t fully understand, and it’s your treating doctor’s responsibility…
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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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Anyone could experience medical negligence at some point. If care provided by a healthcare professional (such as a doctor, nurse or surgeon) or organisation (such as a hospital) falls below a reasonable standard, leaving you with physical, mental or emotional loss or injuries, it is called medical negligence. As the patient at the receiving end…
Read MoreAccording 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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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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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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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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While most people know about the health hazards of the dust borne disease Asbestosis – caused by exposure to asbestos, there’s potentially not enough awareness about Silicosis. Silicosis is caused by breathing in fine particles of silica, a mineral found in sand, rock and mineral ores such as quartz. This could lead to a life-threatening…
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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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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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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…
Read MoreWhen 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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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…
Read MoreA 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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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…
Read MoreWith 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…
Read MoreHeadlines 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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Risks are an inherent part of surgery. The decision to go ahead with a surgical procedure will involve weighing up possible dangers with known benefits and achievable outcomes. A patient, in consultation with their doctor, should enter into surgery with all the necessary information, and while Australians have access to high quality healthcare, even standard…
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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…
Read MoreCompensation 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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For many Australians, life is unimaginable without their pet. In fact Australia has one of the highest rates of pet ownership in the world with dogs and cats among the most popular animals. Pets are dependable companions and for many pet owners, their dog or cat is considered a valued family member. Before a pet is brought…
Read MoreCIVIL LIABILITY ACT Ordinarily, a claim for damages for personal injuries sustained due to the medical treatment you received in NSW will be governed by the Civil Liability Act. Any such claim is a two stage process. First, the treater/doctor/hospital must be shown to be liable. Only then does the matter proceed to the second…
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Here in New South Wales, bringing a claim for negligence against your employer is no easy matter. Unfortunately state governments have over time changed the rules for being allowed to bring a negligence claim. The basic rule to remember is that you may have the most glaring example of negligence against your employer, but in…
Read MoreRecent 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,…
Read MoreWith 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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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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The first day of school is fraught with emotion for both children and parents. The gravity of such a milestone often weighs heavily on a parent who leaves their child in the care of someone else for the very first time. As the years go by, kiss and drop off at the front gate…
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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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Slip and fall accidents are the kind of accidents no one really wants to talk about. Victims often feel like people blame them for not paying attention. Many victims are elderly or young children who can’t advocate for themselves. They may not have the capacity to understand what exactly happened. As a result, many accidents…
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If you’ve been injured physically or physiologically or exposed to a dangerous chemical at work, you need to speak to a workers’ compensation lawyer right away. Sometimes your injury may not at first be obvious eg. If your work is heavy or repetitive it may take many years for your condition to affect you. You will…
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Going shopping is something almost everyone looks forward to. Some people even make an event out of it, traveling some distance to shop at an exclusive mall. Whether you’re grocery shopping at your local supermarket, dining in a restaurant, picking up supplies at the paint store or scoping out fashion trends for the upcoming season,…
Read MoreWhen 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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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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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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