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Compensation Law – Court Costs

Court Costs – Compensation Law

Criticism from the Courts in relation to the costly nature of all Court proceedings is not lost on our Compensation Law Team at Matthews Folbigg. We know the importance of balancing our duty to you to achieve maximum compensation with a just outcome for all of our clients, including the duty to keep costs to a minimum.

If you have any concerns or require a more information regarding your Personal Injury or Compensation claim, please call our Personal Injury team at Matthews Folbigg:

Matthews Folbigg Pty Limited
Level 7
10-14 Smith Street
PARRAMATTA NSW 2150
Ph: (02) 9635 7966
E: Paulo@matthewsfolbigg.com.au

 

Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis. 

Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills. 

 

 

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Personal Injury Claim– Slip and Fall Claims

Personal Injury Claim – Slip and Fall

The recent NSW case of Sutherland Shire Council v Safar [2017] concerns a slip and fall personal injury claim. In this case, the injured person slipped on water on the floor of an entertainment centre owned by the defendant. When the case first went to court, it was held that the owner of the centre was liable because the water on the floor was likely to have come from umbrellas. The centre owner had made no provision for wet umbrellas, but which could reasonably been have expected to given that it was raining outside.

The owner of the centre appealed against that decision. However, their Appeal was dismissed on the basis that they had breached their duty of care as an Occupier. This was because they had not taken reasonable steps to control patrons bringing in wet umbrellas and coats into the auditorium or at least minimise the risk which arose from this.
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Personal Injury – Woolworths Not Liable

Personal Injury – Woolworths Not Liable for $150k Grape Slip

Woolworths Ltd v McQuillan [2017] NSWCA 202 is an important development for slip and fall claims. In this case, the Court of Appeal has provided further guidance as to what is considered a “reasonable” system of inspection and cleaning by occupiers.

Background

  • Miss McQuillan (the plantiff) was injured when she slipped and fell on a grape in the produce section of a Woolworths store in Leichardt, six minutes after the store opened.
  • Miss McQuillan commenced proceedings against Woolworths in the District Court of NSW.
  • Woolworths argued that they had a system of cleaning and inspection in place, whereby the store was routinely cleaned and staff were trained to identify and clean hazards on the floor. The trial judge found this system to be adequate.
  • However, the Judge found that the presence of the grape on the floor arose from the activities of staff in the produce area and that staff ‘overlooked’ the grape during the busy store opening period.
  • Continue reading…

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Fair Work Commission: Compensation Awarded for Underpaid Employee

The recent Fair Work Commission decision Sebastien Mezino v Baia the Italian Pty Ltd , where a French restaurant worker was awarded compensation after being unfairly dismissed for raising underpayment concerns, serves as a reminder of the importance of employers being aware and complying with industry awards.

 

The Case

In essence:

  • Mr Mezino, a French national, was employed as a floor supervisor at an Italian restaurant in Darling Harbour from November 2015 until his dismissal in April 2017
  • He was initially paid $20 per hour. However, after 3 weeks Mr Mezino raised concerns about his pay rate with the restaurant manager, Mr Stauder. He was informed that it was too early to discuss pay changes, and was assured there were opportunities for visa sponsorship
  • By June 2016, his pay rate hadn’t changed, despite being rostered as a manager, and undertaking various managerial and recruitment responsibilities. However, he was offered the opportunity for sponsorship by the manger
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Autonomous Emergency Braking Systems

Personal Injury Lawyer – introducing Autonomous Emergency Braking Systems

In 2009 Volvo introduced autonomous braking systems into car manufacturing. These systems involve the use of sensors such as a lasers and cameras to identify the risk of crashing, and automatically applying brakes where a collision appears imminent.

Recent research has shown cars with this technology can prevent collision with vehicles in front of them by up to 38%. Rear end crashes could be reduced by 35% and their severity minimised by 53%.

Autonomous braking is becoming mandatory in many parts of Europe and the US, however it remains an optional inclusion for the Australian vehicle manufacturing market. Out of the top 100 selling cars in Australia last year, only 13 had autonomous emergency braking.

However, from 1 January 2018 vehicles will only receive a 5-star ANCAP (Australasian New Car Assessment Program) safety rating if they are fitting with an autonomous braking system.

Findings previously gathered by the Insurance Institute for Highway Safety (IIHS) found that systems warning the driver of an imminent collision without intervening in braking also reduce crashes by 23 per cent.
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Cyclists and car-door incidents

Riding a bike to work has its benefits. It’s an easy way to fit in regular exercise and an eco-friendly way of traveling the daily commute. It’s also a growing trend in NSW for those who live close enough to work.

But there are risks for cyclists on the road. Not only are cyclists most vulnerable to personal injury in motor vehicle accidents; they are also at risk of personal injury when riding next to stationary cars.

Cyclists can be severely injured upon collision with car doors that are suddenly opened. In these circumstances there is also the risk that cyclists will be knocked off their bikes and thrown into oncoming traffic.

These incidents are surprisingly common.  Almost 6 percent of all injuries to cyclists in 2006 and 2010 occurred because of car doors. In Victoria, the figure was higher at 8 percent during 2007 and 2011, and approaching 20 percent in the Melbourne CBD.

While the Victorian government is looking into strategies for prevention of these incidents, in the meantime there is little a cyclist can do to ensure it does not happen apart from constant surveillance of surroundings.
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Australia’s most dangerous industries

Ever wondered what your job rates on the ‘danger’ scale?

Analysed data from Safe Work Australia has confirmed Australia’s top 10 most dangerous industries to work in.

The data shows that if you work in agriculture, forestry or fishing then you are at the highest risk for work-related traumatic personal injury and fatality. In 2015 there were 52 fatalities and 3,410 serious injuries in these industries.

The transport, postal and warehousing industries come in 2nd at about half the risk, closely followed by the construction industry, then manufacturing as the 4th most dangerous industry.

Health care and social assistance came in at number 7, and administrative and support services ranked 10th and last in the risk ranking list.

While the health care industry resulted in the highest number of serious injuries in 2015 at 17,656, there were just 2 fatalities in the same year out of over 1.4 million workers.

The manufacturing and construction industries resulted in 13,725 and 12,575 serious injuries, respectively, in 2015.

You can view the statistics for the top 10 most dangerous industries here.
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Part 2: Things to know when making a workers compensation claim

Making a workers compensation claim might be important for your long term health and benefit, but at the time it can also be stressful and confusing. Knowing the facts, your rights and what to do next is the first step in resolving a difficult situation.

Continuing on from Part 1 of this article, below are a few things you should remember when considering making a workers compensation claim:

4.  The earlier you make your workers compensation claim, the better

It will ensure that you are provided with the time and resources for early treatment and quick recovery where possible.

Be aware that once you have made a claim, you may be sent for independent assessment by the insurer’s medical doctor, who will provide an opinion for insurance purposes rather than for treatment advice.

Continue to consult your treating doctors (medical expenses may be covered if your claim is successful) to ensure that you are doing all you can to fully recover from your injuries.
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