No Comments

Do study hours count towards work capacity?

Workers Compensation Lawyer – Hours of work and study not to be aggregated in assessment of working capacity

A worker injured her elbow and wrist when she was employed by Aldi as a buying administration assistant. She had some time off work to recover from her injuries.

When she returned she was involved in a series of conflicts with her employer which led to a psychological injury. Her claim for this injury was denied on the basis that she did not suffer a psychological injury, or if she did, it was the result of reasonable action on the employer’s behalf with respect to performance appraisal and discipline.

The Arbitrator found in the worker’s favour, awarding weekly payments for a closed period and medical treatment expenses.

However the worker appealed the decision on two grounds.

First, that the Arbitrator erred in limiting her payments by one year short of what was claimed. This was conceded by the respondent.

The second issue raised on appeal was concerning the Arbitrator’s findings that the worker had capacity to work for 30 hours per week as a librarian, that work as a ‘librarian’ was reasonably accessible, and part-time online study was ‘in addition to’ her capacity to work.  The worker also argued that more consideration should have been given to treating doctors evidence.
Continue reading…

No Comments

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.
Continue reading…

No Comments

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.
Continue reading…

No Comments

Part 1: 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.

Below are few things to keep in mind when thinking about making a workers compensation claim:

1.  Giving an accurate and detailed account to your GP is crucial

When you see your GP for treatment of your injuries, they will record a history of the incident and details of your injuries.

In a workers compensation claim, this record is likely to be checked by the insurer as to the nature or cause of your injuries, so it is important this it is as accurate and detailed as possible.

If you need time off work because of your injuries, you should ask your doctor to complete a WorkCover certificate.

2.  Be careful about signing statements

A signed statement is a powerful piece of evidence in any compensation law claim. If you are asked to provide a statement to a WorkCover investigator, it is always best to read it, check it is correct and obtain advice from a compensation lawyer before signing it.
Continue reading…