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 Claim – Slip and Fall
The recent NSW case of Sutherland Shire Council v Safar  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.
Coles Negligent in Carpark Slip and Fall
The case of Bridge v Coles Supermarkets  is a recent example of how occupiers liability applies in supermarket carparks. In this case the injured person claimed damages against Coles (the defendant) when they slipped and fell in the below ground car park of the Coles in Coffs Harbour. He suffered a hip fracture and required a total left hip replacement, in addition to a painful complete revision surgery.
Flooding in the carpark was an identified risk, and thus a non-slip surface was needed. Whilst the plaintiff was wearing thongs when he fell, there was no suggestion that this contributed to his fall. Evidence was provided in Court that there was no way to avoid the wet floor in the carpark. The plaintiff’s wife also gave evidence that she also nearly slipped in the same location when trying to help her husband after his fall.
The Supreme Court of NSW Judge found that the car park surface where the plaintiff slipped was unduly slippery. This was based on expert testing of the surface. Later, He found that were inexpensive products Coles could have used to give the surface a non-slip coating. This risk was one which Coles knew, or should have known bout.
Motor Vehicle Accident Claims
Successful motor vehicle accident claims require you to know who was at fault?
If you have been involved in a motor vehicle accident or struck by a vehicle as a pedestrian, it is important to understand who may be at fault.
Being able to prove fault will be important as to whether the insurance company accepts liability.
An expert Compensation Lawyers in litigation who will need evidence from the scene of the accident.
This may include:
- Traffic breach – Did the Police show up? If so, was anyone obviously issued with a breach or a fine? If anyone, such as the other driver, the Police or other witnesses point the finger at someone who was to blame – try to make note or obtain a name.
- Evidence – At the scene of the accident it may be important to take photographs with your mobile phone. Try to write down or photograph the registration numbers of any vehicles at fault. If you are able, record of the names and addresses of anyone in the accident and any witnesses. Try to take photos of damage to any other vehicles or other properties. Look at whether there are any skid marks on the road or anything else that may be of relevance.
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.