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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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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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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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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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…
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