Hetariki & Ors. v. AM Legal Compensation Lawyers acted on behalf of the dependents of an individual sadly fatally injured in a car accident on the way home from work. The accident arose prior to the 2012 Workers Compensation Legislative Amendments so the Section 3A requirement [to current journey claims]...
Goudappel update
On 16 May 2014 the High Court of Australia handed down its decision in the matter of Adco Constructions Pty Ltd v Ronald Goudappel & Anor. This matter was an appeal by the employer Adco Constructions against the decision of the NSW Court of Appeal. In 2012 the NSW government...
Workers Compensation Commission Update – Goudappel v ADCO Constructions
The NSW Court of Appeal has handed down its decision today, 29 April 2013, in the case of Goudappel v ADCO Constructions. Mr Goudappel had made a claim for compensation generally prior to 19 June 2012. Then, after 19 June 2012, he made a claim specifically for lump sum compensation...
Motor Vehicle Accident Compensation Law Intended Changes
In February 2013, the NSW government announced that it intends to make amendments to motor vehicle accident compensation law. Like the 2012 workers compensation reforms, the motor accident amendments will be significant and is reportedly intended to reduce the cost of car CTP insurance premiums. It seems that the government...
2012 NSW Changes To Workers Compensation
In 2012 the NSW government implemented changes to workers compensation. These were major changes across the entire scheme. The government completely re-wrote the statutory provisions relating to wages compensation for periods of unfitness for work. The provisions contain complex methods for calculating entitlements. Injured workers can be paid sums for...
If a worker has been in receipt of payments and it is subsequently established that s/he has been working and not entitled to compensation, can the insurer recover that over payment and how?
Yes. The insurer can apply to the Workers Compensation Commission for an order for repayment and the WCC can order repayment of payments for a period not exceeding two years (or any longer/shorter period it considers appropriate). The repayments can be deducted from future payments or recovered as a debt in a...
What are the workers compensation insurer’s duties to a) make weekly payments following initial notification of injury, b) to make weekly payments following receipt of a claim and c) following receipt of a claim for lump sum compensation?
a) The insurer must do so within 7 days unless there is a “reasonable excuse” not to do so eg there is a lack of medical information, it is unable to contact the claimant for more information etc (See WorkCover guidelines); b) The insurer must do so within 21 days if it...
What heads of damage can be claimed in a worker’s claim for work injury damages?
The damages that can be recovered are damages for monetary losses ie economic loss, loss of superannuation, damages representing the amount of tax paid on prior statutory wages benefits. This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter...
Does a landlord owe a duty of care in relation to leased premises?
The landlord needs to take care to avoid foreseeable risks. Reasonable steps depend on the circumstances of the case. A landlord must not let premises that s/he knew or ought to have known were defective. For liability to be established there needs to have been some notice of problems and failure to...
Is there any other scheme for victims of motor accidents?
Claimant may be entitled to benefits under the Motor Accidents (lifetime care & support) Act 2006. An entitlement will arise for treatment and care under the scheme if the claimant had a spinal cord injury, severe or moderate brain damage, multiple amputations, serious burns or blindness (unless s/he has been awarded damages...