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Bullying and Harassment Claims High in Local Government

Safe Work Australia have identified that local government employees are the third most represented group when it comes to compensation claims for Workplace Bullying and Harassment.

For the three years to 2016, approximately 190 local government employees received compensation for workplace bullying and harassment a year.

Bullying and harassment can take varying forms. It can be subtle or take the form of more overt behaviour.

What is Workplace Bullying and Harassment?

Bullying at work, as defined by the Fair Work Act 2009, occurs when:

  • a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while at work; and
  • the behaviour creates a risk to health and safety.

However, bullying does not include reasonable management action carried out in a reasonable manner.

Wollondilly Shire Council

David Wilson aged 61 years, plant operator, took his own life the same day that he was informed that his most recent complaint was found to be unsubstantiated.
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Workers Compensation and Whole Personal Impairment

Workers Compensation and Whole Personal Impairment (WPI) over 30%

A worker who is assessed at over 30% Whole Person Impairment is considered a seriously injured worker. Seriously injured workers are entitled to a minimum weekly wage and reasonable and necessary medical treatment expenses for life. The need to undergo a work capacity is not needed for seriously injured workers.
If you require more information regarding your workers compensation claim and the issue of Whole Personal Impairment, please call us to arrange a Telephone Conference to discuss with one of our experts as to your compensation entitlements. Call 1300 773 529 or email a Personal Injury lawyer at info@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 and Whole Personal Impairment (WPI) over 20%

Workers compensation claims – A worker who is assessed at over 20% Whole Person Impairment is considered a worker with high needs. Under the Workers Compensation Scheme changes that were made, it not only attracts a payment for a Lump Sum Benefit but also allows the worker to receive weekly compensation for periods of incapacity until retirement age.
The worker will be subject to work capacity decisions. A worker with high needs is entitled to reasonable and necessary medical treatment expenses.
If you require more information regarding your workers compensation claim, please call us to arrange a Telephone Conference to discuss with one of our experts as to your workers compensation entitlements. Call 1300 773 529 or email a Personal Injury lawyer at info@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.

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Workers Compensation

Workers Compensation and Whole Personal Impairment (WPI)

Entitlement to Workers Compensation – If a worker has suffered a primary psychological or psychiatric injury as a result of his or her employment, their injury must be assessed at no less than 15% Whole Person Impairment. A worker is not entitled to receive Lump Sum Compensation for a secondary psychological injury, that is, one that arises from or is attributed to the physical injuries which are sustained in the actual accident.
If an agreement or an award has been made with respect to the worker’s WPI, the worker is then entitled to receive Lump Sum Compensation, subject to reaching the necessary threshold.
The amount received for a Lump Sum Compensation benefit is dependent on the WPI that is assessed by a WorkCover trained doctor.
If you require more information regarding your workers compensation claim, please call us to arrange a Telephone Conference to discuss with one of our workers compensationexperts as to your compensation entitlements. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au

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Workers Compensation Disputes

Need a Workers Compensation Lawyer?

What happens when a dispute arises with the workers compensation insurer?
If a dispute arises as to liability or part of a claim, you can request the insurance company to review their decision. If this is still unsuccessful, your claim will be referred to the Workers Independent Review Office (WIRO). They can then also decide and give you advice to see a workers compensation lawyer.
Certainly we have brought many claims where liability has been in dispute with funding from WIRO to pay legal costs so that workers are not out of pocket to pursue their rights.
It is important to seek expert legal advice and assistance from a specialist workers compensation lawyer to deal with any disputes with insurance companies.
If you are experiencing a dispute with an insurance company regarding a workers compensation claim, please call us to arrange a Telephone Conference to discuss your compensation entitlements with one of our experts. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au.

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Workers Compensation

Workers compensation claims time limits?

If you are injured at work, you should notify your employer as soon as possible after your injury, so the incident can be recorded and your rights to workers compensation are protected.
If time is needed to be off work because of the injury, you should see your general practitioner and any other doctor as soon as possible. The doctor can complete a certificate of capacity and this certificate can be given to the employer.
A workers compensation claim should be made as soon as possible and certainly within 6 months of the date of accident. Otherwise, there will be an explanation needed for the delay.
If you are thinking of making a workers compensation claim, please call us to arrange a Telephone Conference to discuss your compensation entitlements with one of our experts. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au.
Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your worders compensation claim on a No Win, No Fee basis.

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Return to Work Plans

Compensation Lawyer – Return to Work Programs

For workers who are receiving compensation for work-related injuries, navigating a Return to Work Plan can be confusing.

This is often because of the number of stakeholders involved.

Insurers will usually arrange for a Return to Work Program to be prepared by a rehabilitation provider on their behalf in collaboration with the injured worker, the employer and the injured worker’s GP.  They must also consult with the worker in preparing an injury management plan.

The rehabilitation provider’s role includes coordinating the worker’s recovery with their return to work, identifying suitable employment opportunities aligned with their current working capacity and preparing the Return to Work plan. The plan must also outline the procedure for a requested change in rehabilitation provider, and how the worker will be told of this opportunity.

The employer must not dismiss an injured worker due to injury within 6 months of their incapacity. They are required (among other obligations) to implement the Return to Work Program, co-operate with the insurer, provide retraining or alternative job opportunities where appropriate and advise the worker that they can choose to nominate their own treating doctor.
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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.
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