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.
Case review: Judge awards injured worker common law damages in the amount of $825,000. This was in addition to his statutory compensation from Workcover Queensland of $95,000. In total, the injured worker was awarded just shy of 1 million dollars in damages due to his employer’s negligence.
Many people think claiming compensation for MVA injuries is an easy process, however, it can leave you exposed to insurance companies who have plenty of experience in defending compensation claims. It’s important to understand that an insurance company’s interests are not necessarily the same as yours.