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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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Workers Compensation Claims

Workers Compensation Claims

Under the Workers Compensation Scheme, if you are injured at work, you can still have a claim for compensation, including:

  1. Compensation for medical expenses incurred as a result of a work related injury;
  2. Liability as to whether your injury is work related;
  3. A Lump Sum payment for permanent impairment, if you satisfy the necessary threshold of 11% Whole Person Impairment.

Due to the changes to the Workers Compensation Law, an injured worker is only entitled to a one-off claim for permanent impairment. However, an injured worker may consider a further deterioration claim if an earlier Lump Sum Claim had been made prior to 19 June, 2012. If you have previously received a Lump Sum Claim, we can discuss.

A Matthews Folbigg Compensation Lawyer can approach the Workers Compensation Independent Review Office (WIRO) for funding as to legal costs. Claimants should note that a claim can only be made by a Lawyer who is WIRO approved.

For further information click on the link following https://www.matthewsfolbigg.com.au/services/personal-injury-compensation/
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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.
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Accident impacts on witnesses and family members

Personal Injury Lawyer – loss and trauma

Sometimes accidents can have a debilitating effect not only on the victims of injury, but also on close family or witnesses to the incident.

The witness or close family member of the victim may experience symptoms of secondary trauma, which often mimic those of post-traumatic stress disorder. Experts suggest that this insidious form of stress can be as debilitating as experiencing the trauma in person.

Those experiencing symptoms of secondary trauma should speak to their doctor about coping strategies and seek professional counseling where possible. This will assist them in managing the potential health impacts and help prevent the development of ongoing mental injuries.

If a person has experienced the sudden death or significant injury of a family member, they may also be deprived of the financial support or care that they would have received but for the victim’s injuries.

There may be compensation available if the death or injury was the result of another’s negligence. This could include compensation for financial losses, care, medical and funeral expenses. There may also be separate compensation available for witnesses or family members who are diagnosed with consequential mental harm.
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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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Care worker compensation

Compensation Lawyer – Breach for failure to train in manual handling

In a recent Queensland case the Plaintiff was a personal care worker who transported clients to and from medical appointments. One of the clients had a wheelie walker which the Plaintiff folded and placed in the boot of her car prior to driving the client to her appointment. When the Plaintiff tried to remove the wheelie walker, she experienced significant lower back pain and suffered personal injury.

The Plaintiff claimed that her employer had breached its duty of care in failing to provide training with regard to loading and unloading wheelie walkers. The Defendant argued that this activity was a simple and everyday task which did not require any training.

The employer’s manual handling guidelines referred to ‘appropriate manual handling techniques’ but did not specify what these techniques might be. Despite also advising that ‘adequate information, training and supervision’ should be undertaken, none was provided. There was a learning package provided to workers in relation to manual tasks and handling of people, but it included no specific instruction on how to manually handle wheelie walkers. The Court noted that wheelie walkers would be routinely handled in the course of such a care worker’s duties.
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Inadequate Medical Advice

Personal Injury Lawyer – Inadequate medical advice but no causation

In a recent NSW case, the Plaintiff claimed personal injury damages against the Mental Health Unit of a public hospital for failing to provide adequate advice.

The Plaintiff suffered brain damage following a suicide attempt whilst on weekend leave from the hospital. Two prior suicide attempts had arisen in the context of the Plaintiff consuming alcohol and having contact with his former fiance. The Plaintiff had then been transferred involuntarily to the Mental Health Unit.

Through his tutor, the Plaintiff claimed his parents were not warned about the significance of particular stressors to be avoided whilst on leave from the hospital; in particular, that the Plaintiff should avoid alcohol and association with the former fiance. He also claimed that his parents were not provided advice about what to do if they became concerned about his condition.

The Court found that the advice given to the Plaintiff’s parents and a social worker was inadequate and a breach of the duty of care.
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