I’ve Been Bullied at Work – What Kind of Compensation am I Entitled to?

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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Injured at work? Here’s what you need to know about compensation claims.

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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Superannuation and Disability Claims

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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Refugee Escaping Conflict Suffers Serious Injury in Work Accident

Our client is a young man who came to Australia as a refugee.  His English was very poor but he was determined to build himself a new life away from conflict.  Eventually, our Government gave permission for him to work.  Having had experience in his native country in the construction industry, he sought employment working…

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Lifetime of Heavy Lifting Results in Permanent Back Injury Large Payout Secured for Migrant Worker

Our client migrated to Australia in the early 70s. With a young family to support, he secured employment with a scaffolding and plant hire company. Over the next several years, his work required him to continually bend, lift and carry heavy scaffolding, construction equipment and materials. Never one to complain; by the end of the…

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Struck in Back by Metal Pipe – Labourer Wins Substantial Damages

Our client was employed by a labour-hire company who then sent him out to work for various construction companies. On this occasion, he had been sent to assist a demolition company who had the contract to demolish a building in the Sydney CBD. At one point, he had been using oxy equipment to cut through…

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Worn Out Concrete Labourer – Successful Workers Compensation and TPD Claim

Our client worked in the concrete industry as a labourer. He had spent a lifetime doing extremely heavy work.  His day involved physically demanding tasks including shovelling, pouring and finishing concrete, wheeling wheelbarrows full of concrete, bending, lifting, twisting and squatting. A few years ago, he started to feel symptoms of pain in his back….

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Run in with boss results in back injury and successful work injury damages claim

Our client was a labourer and machine operator working for a company in country NSW. His work involved operating excavators and dump trucks. The work was reasonably light, and our client loved his job. At one point our client came into a verbal conflict with one of the company’s foremen. Believing that he was being…

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Employee Receives Payout Following Fall On Icy Steps – Taylor & Scott

Our client has spent his life labouring in the construction industry. On this particular morning, it was very cold and icy. A team of men had been sent to the roof of a new construction to continue with the work. At one point, our client was directed to climb down from the roof using the…

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Dealing With Claims For Domestic Care + Assistance – Taylor & Scott

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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Factory workers

Labourer Suffers Injury At Work, Gets Compensation – Taylor & Scott

Our client is a young labourer. He was working for a labour-hire company. On this particular occasion, he had been sent to work for a “host employer” that handled the recycling of heavy-duty batteries. The batteries were very heavy, weighing approximately 80kgs each. Our client was required to lift these very heavy batteries by himself…

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What time limits apply to workers compensation claims?

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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Can I work a new job although I am receiving workers compensation benefits?

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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Fall at Work in Factory, Process Worker Turns to Taylor & Scott Compensation Lawyers for Advice and Assistance

Our client immigrated from overseas in the 70’s. On arrival, she set about securing employment, learning English and bringing up her young family. She was able to obtain a job as a process worker which meant working very long hours on a process line.  For the last twenty-six years, she worked for one company. She…

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What you can do about Bullying and Harassment at Work.jpg

What To Do About Bullying + Harrassment At Work – Taylor & Scott

  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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How do you know if you're entitled to workers compensation

Find Out If You’re Entitled To Workers Compensation – Taylor & Scott

  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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Workers Compensation and Work Injury Damages

Is Workers Compensation and Work Injury Damages the Same Thing?

  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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Workers Compensation Lifting Injury

Series of Lifting Injuries at Work Results in Workers Compensation Lump Sum Payout

FACTS Our client worked as a picker/packer for a large supermarket chain. His job involved him constantly bending and lifting boxes weighing from 10-20 kgs. His wife and four children are all dependent on him. During the course of his work, he has suffered a number of lifting injuries which have resulted in permanent injuries…

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Personal Injury Claim Lifting Injury

Lifting Box From Overhead Shelf Leads to Life of Pain and Misery for Shop Assistant

Our client has spent a lifetime working as a shop assistant for a leading supermarket chain.  Her job involves a mixture of physical work by way of assisting customers and managerial work supervising others. On one occasion, our client was assisting a shopper. She needed to climb a ladder and retrieve a box from a…

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Can a Pre-existing Condition Affect a Workers Compensation Claim?

Can a Pre-existing Condition Affect a Workers Compensation Claim?

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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Negligence Claim Hand Injury

Shop Assistant Suffers Serious Hand Injury – Successful Lump Sum Compensation and Negligence Claim

Our client was a shop assistant working for one of the large supermarket chains. At this time, she was working at a check-out register serving a customer. The register conveyor belt was faulty. At one point it moved forward causing an item to fall from the conveyor. Our client tried to save the item from…

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Elements that Make up a Negligence Claim

The Four Elements that Make up a Negligence Claim

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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Trip & Fall Workers Compensation

Trip Over Cartons on Floor Results in Sacking and Workers Compensation Payout

FACTS OF COMPENSATION CLAIM Our client is a single lady working for a large supermarket chain. She is a hardworking loyal employee who has worked for her company for many years. On this particular occasion, our client had volunteered to work over the Christmas/New Year period. Having completed her duties in the particular section she…

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Supermarket Employee Bullied & Harassed Successful Compensation Claim

Supermarket Employee Bullied And Harassed Wins Negligence Claim

Our client was employed at a supermarket. Over the years, she had worked hard and was promoted. She loved her job and enjoyed working. Once her children had grown up and left home, she was able to take on an evening role at the supermarket and again received a further promotion. At one point in…

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Different Types of Compensation Work-Related Injuries

What are the Different Types of Compensation Available for Work-Related Injuries?

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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Negligence Success Story Bricklayer Serious Injuries

Serious Injuries to Bricklayer Brings an End to Lifetime of Laying Bricks

Our client spent the whole of his working life laying bricks. He loved his work. Even though he was well past retirement age, he just loved to go to work and build.   On this particular day, he was instructed by his boss to assist a team to build a wall. It was a windy…

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Contributory Negligence

What is Contributory Negligence?

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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Workplace Bullying and Harassment

Bullying and Harassment at Place of Work Leads to Negligence Claim and Substantial Damages Payout

Our client worked for a Government department here in NSW. She was a hard worker and committed to her job. Unfortunately, she suffered from a medical disability which did not prevent her from performing her duties. Arriving at a new place of employment, she began to experience episodes of ridicule and harassment because of her…

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Work Injury Damages Claim Burns from Explosion

Severe Burns From Chemical Explosion Worker Secures Compensation Payout

Our client left school at an early age. His education was very poor and he has had great difficulty reading and writing. Fortunately, his family were able to assist him with employment. For many years, he worked as a driveway attendant at a petrol station.  Eventually, the petrol station was sold and so our client…

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Construction Site Dogman Tower Crane Fall

Fall Onto Concrete Through Penetration Destroys Young Dogman’s Career

Our client was a young, physically fit dogman who loved working on building sites in and around cranes. He had successfully obtained a number of tickets which allowed him to work on mobile cranes and in a rigging crew which involved him in the erection and dismantling of tower cranes on building sites. On this…

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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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Injured Shoulder Bricklayer

Bricklayer Suffers Serious Shoulder Injury When Boss Ignores Plea to “Slow Down”

Our client was a bricklayer who had spent a lifetime laying bricks and blocks. On this particular day, he was assisting his boss in the dismantling of a scaffold that the bricklaying team had been working on. The boss was higher up on the scaffold and he was required to pass down to our client…

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Dozer Operator Suffers Devastating Knee Injury

Dozer Operator Suffers Devastating Knee Injury

Our client left school at age 14 with very little education. A lifetime of operating heavy machinery such as dozers and scrappers followed. Having secured work with a large civil contractor, he was sent to a coal mine to assist in the opening up of a new mine in country New South Wales. The work…

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What you can do about Bullying and Harassment at Work.jpg

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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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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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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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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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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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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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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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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Bobs-Compo-claim-After-48-Years-of-Labouring

After 48 Years of Labouring “Bob” Turns to Taylor & Scott for Advice and Help with His Compo Claim

Our client “Bob”, has spent his entire working life employed in the building industry working as a builder’s labourer. His jobs have involved kneeling whilst helping with concreting and levelling, patching work, jackhammering, bending, squatting, tying steel bars, walking over steel mesh, carrying and lifting. Bob was on his feet all day every day. Several…

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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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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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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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Binding financial agreements

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 Shoulder Bricklayer

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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TPD CLAIM BY SHOP ASSISTANT SUCCESSFUL

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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What is Workplace Health and Safety

Get Compensation For Work Injury Outside Workplace – Taylor & Scott

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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Workers Compensation Payments

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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Work injury safety glasses

Worker Receives Settlement After Suffering a Severe Eye Injury That Could Have Been Prevented

Our client was a formworker. He was working on the renovation of a building on the south coast. His job entailed working at heights using hammers to nail timbers, crowbars and circular saws. It is dangerous hard work but our client loved his job. On this site, the workers had complained to their boss that…

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GYPROCK FIXER WORKERS COMP

Gyprock Fixer’s Severe Back Injury Leads to Failed Back Surgery and Damages Payout

Our client is a relatively young man working in the construction industry as a gyprock fixer. He was part of a gyprock fixing team working on a hospital renovation. The team were instructed to fix gyprock panels to various walls. Scaffolding was provided but unfortunately no thought had been given by the employer as to…

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Compensation Payout Rigger Dogman

Fall at Work Destroys Rigger Dogman’s Employment – Large Damages Payout Secured

Our client is in his late 40s. He has always worked doing hands-on hard physical yakka. Working an average of 60 hours per week, he was earning big money as a rigger dogman in the construction industry. His world fell apart when he suffered severe injuries at work. Working on a construction site, our client…

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Bricklayer

Worn Out Brickie Succeeds in Workers Compensation Lump Sum Claim

Our client has spent his lifetime laying bricks. He was a “gun” bricklayer laying several hundred bricks a day. He has spent nearly fifty years constantly bending, lifting and carrying bricks. He has been on his feet up to ten hours a day. In 2014, he started suffering pain in his knee and thigh. He…

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workers compensation negligence construction ride on roller

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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Back Injury Supermarket Night Filler

Casual Nightfiller Injures Back – Lump Sum Compensation Awarded

Our client was a casual nightfiller at a supermarket. Her job involved working through the night filling the shelves with grocery items. Prior to our client’s injury, the procedure adopted by the supermarket was to break down the boxes and place individual items on the shelving. At one point, our client’s supervisor instructed that from…

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Injured Steelworker

Injured Steelworker Obtains Substantial Settlement for Several Injuries at Steelworks

Our client worked in the steelworks. He had always worked doing labouring type jobs and had managed to start training as a crane operator. The steelworks is a dangerous environment. On several occasions, our client suffered injuries to various parts of his body. On one occasion he stepped into a blob of grease and fell,…

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Workers compensation needlestick injury

Needlestick Injury Leads to Worker’s Major Depressive Illness

LONG FIGHT TO SECURE WORKERS COMPENSATION ENTITLEMENTS Ray McClenahan, Partner and Accredited Specialist in Personal Injury, has recently secured substantial workers compensation payments to a client who suffered a needlestick injury at work. Ray’s client was working in the building industry for a company where he was required to assist in the pumping of water…

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Knee Injury Compensation

Lifetime of Labouring Results in Three Compensation Claims

Our client worked in the construction industry all of his working life. He usually worked around sixty hours per week. Over the last fifteen years, he had suffered a number of injuries and noticed that his physical condition was deteriorating. In the early 2000s, he injured his knee. He consulted Ray McClenahan, Partner and Accredited…

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Fall Down Stairs At Work Leads To Psychological Problems

Kimberley Becker, Associate at Taylor & Scott, reports. Recently I acted for a lady who fell down a flight of stairs at work. As a result of the fall, she suffered a severe injury to her ankle. Following two bouts of hospitalisation and surgery, she developed a regional pain syndrome which has resulted in a…

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Injured Worker’s Long Fight With Government Department Employer Finally Succeeds

Ray McClenahan, Accredited Specialist in Personal Injury at Taylor & Scott, recently concluded a claim for an injured government department worker. Mr D had worked for this department for most of his adult lifetime and had unfortunately suffered a number of injuries during his employment there. The insurance company had played “hard ball” cutting off…

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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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