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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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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Our client is a young man who loves the outdoors. Having left school, he obtained employment doing various activities most of which were working outdoors. Being a keen sportsman, he loved surfing and tried to head to the beach after work every day. Having pursued a number of outdoor jobs, he eventually secured work…
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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 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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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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Our client had worked in the IT industry for many years. He obtained employment in a Government department servicing computers. On one occasion, he was requested by his boss to service a particular computer. Whilst undertaking this job, he sighted various images which he felt were totally inappropriate and were greatly offensive. He lodged…
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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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