We examine a 2024 Victorian Court of Appeal case where a child sexual abuse survivor was granted permission to revisit a claim for pain and suffering damages, settled almost a decade earlier. However, he was not able to claim for economic loss (loss of earnings) in the new proceedings.
Covid-19 Vaccine Claims Scheme ends on 30 September 2024. The Covid-19 Vaccine Claims Scheme is an Australian Federal Government scheme that provides compensation to people who experience harm/injury after having an Australian approved Covid-19.
We look at a raft of proposed changes to the law that applies to worker’s compensation claims in Queensland, and their impact on injured worker’s rights and entitlements. Overall, it is our view that the proposed changes are a positive step for workers who suffer a workplace injury in Queensland.
If you’ve had a workplace injury in Queensland and you have been paid statutory worker’s compensation benefits like weekly payments and medical expenses, then you may also be entitled to what is called a ‘lump sum offer’ from Workcover Queensland.
We review a Queensland case where an injured worker sought worker’s compensation common law damages. The worker alleges an injury to his head aggravated his pre-existing condition of schizophrenia. The common law claim ultimately failed.
There are two compensation options available to survivors of childhood sexual abuse in Australia. They are the National Redress Scheme (‘NRS’) and a civil common law claim. The compensation payable under each option varies significantly. Learn more detail about each option.
An October 2023 decision of the Queensland Industrial Relations Commission highlights the important things to be considered when dependants of a deceased worker are considering applying for worker’s compensation dependency benefits. Ultimately, in this case, the surviving family members were unsuccessful in their claim for death benefits.
If you’ve suffered an injury during or after medical treatment, you may want to consider your options to seek compensation. However, it’s important to understand the difference between negligence and a mistake or an unexpected result.
It is important to know the “dos and don’ts” when making a worker's compensation claim after a workplace accident or incident. People tend to believe claiming compensation for workplace injuries is an easy process, however, there are strict time restrictions you have to comply with when commencing a claim.
There is a range of scenarios that could give rise to you having a right to bring a medical negligence claim. A common question we are asked is, “Can I sue a hospital or doctor for wrong diagnosis?”
In the Comcare worker’s compensation case of Yawari and Australia Postal Corporation, the worker applied to the Administrative Appeals Tribunal because her employer, Australia Post, refused her application for worker's compensation for mental injury, which she claimed was due to bullying. She won!
In October 2023, the Administrative Appeals Tribunal determined that a worker’s psychological injury was not caused by work, as she claimed. This decision confirmed the employer’s decision to reject her application for compensation under the Comcare scheme.