Court Decisions Clarify Dual Schemes for Common Law Damages in Victoria
We recently had a complex legal matter which we handling on behalf of a client concerning the issue of pursuing common law damages for workplace
WorkCover & Workplace Injury.
Changes To WorkCover Legislation Coming Into Effect January 2024
The Victorian Government has foreshadowed significant changes to WorkCover legislation, subject to the Bill being passed, which come into force January 2024.
The WorkCover Compensation Independent Review Service (WCIRS): An Additional Dispute Resolution Option for Injured Workers
In 2020, WorkSafe Victoria established the Workers Compensation Independent Review Service (WCIRS) to review decisions of the WorkSafe Insurer that remained unresolved after Conciliation. The
When is it too late to claim WorkCover?
If you have been injured at work but delayed making a WorkCover claim it may not be too late to do so. While it is
Greater rights for injured workers dealing with trauma
The High Court of Australia recently made a decision in the case of Kozarov v Victoria [2022] that we hope will make it easier for
I was injured while volunteering – what are my legal options?
This week is National Volunteer Week: a time to celebrate the commitment and selflessness of people who dedicate their time to worthy causes across Australia.
How to make a lump sum impairment claim under WorkCover
Many injured workers are unaware they may have a claim for a lump sum compensation payment for permanent impairment under WorkCover (the WIRC Act 2013).
Labour hire workers have legal rights
If injured, labour hire workers retain significant legal rights to workers compensation for injury, as well as employment protections. In this blog, I explain what
What’s involved in making a Common Law injury claim?
In this blog, I explain what steps are involved should you wish to proceed with a Common Law claim for serious injury, in addition to
Tips on how to succeed in your compensation claim
Having practiced in workers compensation law for many decades, I’ve noticed that it is often small things, like keeping a medical diary, that can make
Employers urged to review workplace manslaughter laws
WorkSafe is ensuring the safety of workers by laying charges against employers who do not provide the required safety measures to prevent injuries and fatality
Getting a WorkCover claim for Psychological or stress injury accepted
Getting WorkCover to accept a claim for a psychological injury can be challenging, even as psychological injury claims are spiking as a result of working
Long delays for Centrelink payments to injured workers
Injured workers who have had their Centrelink payments reinstated or who rely on payments while awaiting a Common Law settlement are having to wait long
Does retirement impact workers compensation?
As Injury lawyers, we are often asked questions about Workplace injury close to retirement age. The answers lie within the Workplace Injury Rehabilitation and Compensation
Worried about your job? It’s time to rethink that injury claim
Injured but scared of losing your job? You really should lodge a WorkCover claim quickly. Making the claim before losing your job means you get
Camberwell Grammar School – where some students report learning fearr
Over the years, Camberwell Grammar School, also known as Camberwell Church of England Grammar School, has joined the ranks of prestigious schools to be rocked
WorkCover continues to pay superannuation to injured workers
It had long been a source of frustration among injured workers that, having suffered the pain of an often job-ending workplace injury, they then had
Manslaughter law changes a priority for staff returning to work
As Victorian businesses gear up for staff returning to the office, employers are encouraged to consider recent changes to workplace manslaughter laws. As recently as
Can mobile phone usage cause health issues that lead to workers compensation claims?
Increasingly, Australians are more inclined to use AirPods or headphones when talking on the phone through fear of the health risks of brain cancer, tumours
Can Retirement Affect Workers’ Compensation?
Inquiries often arise regarding workplace injuries near retirement age, and as injury lawyers, we address these concerns within the framework of the Workplace Injury Rehabilitation
Casuals do have WorkCover rights to injury compensation
If you’re a casual worker, you are covered by WorkCover for any accident or injury which occurs in the workplace. The fact that you are
Common questions about returning to work after injury
Clients on WorkCover returning to work after injury often have questions about their on-going benefits or flare-ups of an injury. Here are some common questions
Will making a WorkCover claim affect my job or my boss?
As expert WorkCover lawyers, our team has advised thousands of injured clients, many of whom were reluctant to lodge an injury claim because they feared
Casual worker? How to calculate your WorkCover benefits
Key points It is illegal to stop a casual worker lodging a WorkCover injury claim Replacement income and medical benefits are available through WorkCover It’s
How do WorkCover top up payments work?
If you are injured and your WorkCover claim is accepted, you are generally entitled to receive weekly payments for a maximum of 130 weeks. In
$1.5M child abuse award encouraging for civil cases
A recent Victorian case in which a man has been awarded more than $1.5 million for school child sex abuse gives real hope to survivors
Stress related WorkCover claims surge in Victoria
Stress and associated psychological injuries are growing and are likely to spike due to the affects of the pandemic and employment restrictions. In this blog,
COVID related WorkCover claims for psychological injury
According to media reports, the Coronavirus has been responsible for a spike in WorkCover claims, especially among teachers and health workers. In this blog, I
Can I quit my job while on WorkCover?
A question that we often get asked is whether someone is able to resign their employment while they are getting WorkCover weekly payments or other
Can employer’s pay workers’ compensation without WorkCover?
I recently spoke with a new client who had sustained a shoulder injury at work. He was getting his medical and like expenses paid by
Aggravations of Pre-existing injuries and WorkCover
Are you entitled to receive WorkCover support if you have aggravated a pre-existing injury at work? The short answer is “yes”. This blog explains how best
52 weeks and WorkCover: 3 Questions
We have a lot of our WorkCover clients ask us questions regarding the “52 week period” whereby employers are generally obliged to provide suitable employment
What happens to your job while you’re on WorkCover?
The question of what happens to your job when you’re on WorkCover is a common one. It is complex as it involves not only WorkCover
Does an injured worker have to go to an independent medical examiner?
Workers receiving weekly payments are sometimes unaware that if they fail to attend an independent medical examiner (IME) appointment without reasonable excuse they risk having
Redundancy: Will an ‘exit medical’ affect my WorkCover claim?
You might be facing redundancy and have been asked to sit an “exit medical” by your employer. Do you have to comply? And if you
WorkCover and employment rights after 52 weeks of payments
A common question that clients receiving weekly payments of compensation for a WorkCover injury ask is “What happens to my employment after I have been
Is a private investigator on your case?
Do you feel like you are being watched? If you are on WorkCover, it’s possible the insurer has put a private investigator on your tail.
WorkCover, TAC and Centrelink
Unfortunately for some of our clients, and injured people in general, by the time they receive a lump sum settlement in their claim, they have
What to do if you don’t lodge a WorkCover claim immediately
We often see workers who have sustained an injury at work but who did not lodge a WorkCover claim (‘a claim’) immediately. Often this is
What is an ‘Overarching Obligations Certificate’ and when will I need to sign one?
Since 1 January 2011 it has been a requirement in Victoria that any party to a civil proceeding – such as a WorkCover or TAC
WorkCover and employment rights after 52 weeks of payments
A common question that clients receiving weekly payments of compensation for a WorkCover injury ask is “What happens to my employment after I have been
Why do lawyers want my medical records?
Anyone who has been injured and is seeking compensation should be asked by their lawyer to sign authorities enabling the lawyer to obtain full copies
What to do if you disagree with a WorkCover insurer’s decision
If you have a WorkCover claim, and the WorkCover insurer has made a decision that you don’t agree with, it is important that you are
Annual leave now accrues while on WorkCover payments
Injured workers have recently gained the additional financial protection of being able to accrue annual leave while on WorkCover. Two cases heard by the Fair
Injured parties must know about critical time limits for personal injury claims
Plaintiffs are sometimes unaware of the time limits to bring personal injury claims and find out all too late. Their claims are statute barred unless
Can you claim TPD whilst on WorkCover?
Regular readers of our blog will know that anyone who suffers an incapacity for work as a result of work-related injury will be entitled to
Unfair dismissal: who can sue and what to do?
You can sue for unfair dismissal generally if you are an award employee. If you’re not an employee covered by an award, then you generally
I’ve been discriminated against at work. What can I do?
If you think you’ve suffered discrimination at work, you might be able to sue for compensation for financial loss and for pain and suffering. You
Are casuals and workers on visas covered by WorkCover?
Given the reduction in the number of full time jobs, more and more people in industry and certainly in hospitality are working as casuals. Increasingly
How to calculate weekly WorkCover payments
Calculating WorkCover weekly benefits or payments can be tricky. There are also some pitfalls, depending on when you choose to attend medical appointments. Here is
Can an insurer send their own medical professional to join injured worker at a doctor’s appointment?
My workcover insurer wants an occupational rehabilitation consultant to come with me to my doctors’ appointments. Can my doctor or i refuse to allow them?
If I am paid cash in hand, am I covered by WorkCover if injured?
Many people who are paid cash in hand while working and are then injured ask me if they are still covered by WorkCover. The short
Calculating your WorkCover income payments
What you need to know about WorkCover and work injury If your WorkCover claim is accepted, you will be offered a weekly income payment in replacement
You can choose your own doctor for WorkCover treatment
You do not have to be treated by the company’s doctor of choice. You can choose your own GP. Not only do you have the
What to do if your employer won’t let you claim WorkCover
If you are injured at work, there are laws to protect your rights. This is why almost all Victorian employers have WorkCover insurance. In fact,
What a $1.3m compo stress payment for teacher Doulis really means
When Victorian schoolteacher Peter Doulis was awarded nearly $1.3m in damages in September, the story attracted star billing in the media. You could almost hear
If my employer asks for a medical assessment, what are my rights as the employee?
According to media reports, injured workers are increasingly being forced to undergo irrational medical examinations. Sometimes their employers even attending medical appointments with them. So,
The “Drive to Work” licence: Dispelling the Myth
There seems to have been a recent spike in the number of people who have been convicted of driving offences and lost their driving licence
Will there be anything left for me when the lawyers are done? Questioning your legal fee agreement can reduce your legal costs.
I’ve been in practice for 8 years as a plaintiff lawyer, mainly representing clients who have been injured at work or on the road and
Our usual Blog authors are lawyers employed by Ryan Carlisle Thomas and/or its associated entity, Stringer Clark.
From time to time, we may also publish blogs authored by other staff members or guest bloggers. Where this is the case, it will be made clear. Any advice applies to Victorian State law as at the date of first publication. The information is a general guide only and is not a substitute for legal advice applicable to a user’s own circumstances.
Residents of other Australian States or Territories or countries are advised to seek legal advice from a lawyer practising in their own area, as laws may vary from region to region.