Workers Compensation Claims and Whole Personal Impairment (WPI) over 20%
Workers Compensation Claims
Under the Workers Compensation Scheme, if you are injured at work, you can still have a claim for compensation, including:
- Compensation for medical expenses incurred as a result of a work related injury;
- Liability as to whether your injury is work related;
- 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/
Personal Injury Lawyer – Motor Accident Scheme
In early 2017, the NSW Government passed significant reforms to the CTP scheme under the Motor Accident Injuries Act 2017.
This new legislation commenced on 1 December 2017. However, the new legislation will only apply to motor accidents that occur after its commencement.
Some of the major changes include:
- All motorists will now be covered by the new act, regardless of who was at fault
- Any involved party who has ‘minor injuries’ will receive statutory benefits such as medical and commercial attendant care, and loss of income benefits for up to six months
- Under section 1.6(1) of the Act, a ‘minor injury’ is defined as being one or more of a soft tissue injury or a minor psychological or psychiatric injury.
- Drivers and other road users who are moderately injured (whole person impairment of 10% or less), will receive medical and attendant care and loss of income benefits for two years.
A personal injury claim for loss of earnings falls under the category of special damages.
Special damages cover out of pocket expenses such as medical expenses and loss of earnings caused by your injury. This is opposed to general damages which covers pain, suffering and emotional harm experienced due to your injury.
Loss of Earnings Claim
In order to prove your personal injury claim, you must produce evidence to show that there has been a genuine loss of wages. These can be shown through past payslips prior to injury.
Your loss of earnings claim will be determined by the court by calculating your average salary through your net monthly wages over the previous 3 months. This will usually be multiplied by the amount of time you have had off work.
Often, people claim that they would have a received a promotion or pay rise but for the incident occurring. This can be proven through witness statements from their employer or a comparison of promotions and pay rises received by colleagues.
Personal Injury Claim
A question personal injury lawyers are commonly asked is: if I were to pass away before my personal injury claim is finalised, can the estate still recover damages?
The answer is YES – a personal injury claim for damages can be bought on behalf of the estate to recover damages that the deceased would have received.
However, only economic damages can be recovered in this case. These include:
- The loss of earning capacity prior to death;
- Medical and hospital expenses prior to death;
- Damages for gratuitous care services provided prior to death that were both received and provided by the deceased to other individuals; and
- Funeral expenses.
The estate is not able to claim damages for lost earning capacity after the date of death. Additionally, punitive or exemplary damages are not available.
Usually, general damages (non-economic loss damages) are not available. There is however an exception in dust disease cases, whereby the estate can be awarded general damages (such as damages for loss of expectation of life). However, these can only be awarded if the proceedings have been initiated whilst the deceased is still alive.
Personal Injury Lawyer Parramatta – Public Liability Claims
What is a Public Liability Claim?
This includes a claim for damages as a result of personal injuries sustained where you have been injured in a public place, due to the fault of another party. The fault of the other party may be as a result of failing to keep a reasonably safe environment free from slippery surfaces, spilled fluids or any other contaminant.
How long will the claim take?
This can be based on the injuries which are sustained by the victim in the public liability claim. Often, an injured person may take 6 – 12 months following surgery or longer for their injuries to have stabilised to the point where an independent specialist can determine future needs and whether there are prospects of an impact of future work capacity.
Most claims can take at least 18 months – 2 years to resolve after expert medical evidence is exchanged between the parties and genuine attempts made to resolve the claim.
Personal Injury – Woolworths Not Liable for $150k Grape Slip
Woolworths Ltd v McQuillan  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.
- 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.