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How are damages calculated

By on May 20, 2013 in Common Law, WorkSafe Vic

Further to yesterday’s article in which we discovered that if an injured worker recovers damages for their loss of earnings and earning capacity (in a common law claim) they are required to repay any amount they have received from WorkCover for weekly payment of compensation, we though we’d re-summarise how common law damages (both pain [...]

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Common law damages claim and duty of care of the employer

By on May 19, 2013 in Common Law

A claim for damages, which is also called a Common Law (Damages) claim, is usually the only way that substantial compensation can be obtained for the full effects of your injury. In a claim for damages, you are entitled to claim for the pain and suffering you have and will experience in the future. You [...]

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Judge criticises law firm about rejection of more generous settlement offer

By on April 30, 2013 in Bullying & Stress, Common Law, Legal cases, News

The law firm, Harmers Workplace Lawyers, that was blasted by a Federal Court judge over its conduct in the Peter Slipper sexual harassment case has come in for more criticism over a claim that a client rejected a settlement offer nearly five times more generous than she ultimately received. Judge criticises law firm over rejection of [...]

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Deed of release often used in settling workcover cases- what are they?

By on April 29, 2013 in Common Law, Legal cases, Resources, Tips & Tricks

Deeds of release are often used in settling workcover cases  and common law claims between employers (or their representing insurance companies and defense lawyers) and injured workers — but what are they really? In this article, we try to discuss what deed are, how they’re written and provide very important tips on their use for [...]

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Recoveries of money under workcover

By on April 27, 2013 in Common Law, Legislation, Stories, Tips & Tricks, WTF

We recently received the following inquiry and the following horror story from two separate injured workers, both cases basically revolve around the fact that -yes- Workcover can recover compensation paid to a worker from a third party, where the third party has caused or contributed to the injury occurring. As Carol kindly explained, if you [...]

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When has the employer done enough to avoid liability for psychiatric injury claim?

By on April 15, 2013 in Bullying & Stress, Common Law, Legal cases, Psych, WorkCover WA

Further to our popular “stress claims” topic, and the highlighted, very stressful uphill battle for most psychologically injured workers face in having to prove their injury was caused at work and that “reasonable action was taken in an unreasonable manner or unreasonable action taken in a reasonable manner”, which obviously will be fought tooth and [...]

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Surveillance evidence defeats injured workers damages claim

By on March 10, 2013 in Common Law, Compensation, Legal cases, Surveillance, WorkSafe Vic

Again, in this legal case [Vic], an injured worker’s credit was significantly undermined by  workcover insurance’s surveillance video footage. Please remember at all times, and especially if you are undertaking legal proceedings (i.e. common law damages claim, serious injury certificate etc.) that the insurer (defense) WILL put you under surveillance, by means of “finding anything [...]

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Injured worker jailed for compo fraud (Vic)

By on February 26, 2013 in Articles & Research, Common Law, Corruption, Fraud & Abuse, Legal cases, News, OH&S, Shame files, Stories, WorkCover, WorkSafe Vic

This article from the WorkplaceOHS reveals yet another appalling case of worker fraud. Yes, the sentence should fit the crime. How about if the government begin to balance this new found trend of sending fraudsters to prison as criminals? What about the smack on the wrist punishments issued out to employers whose poor workplace safety [...]

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Beware that Medical Panel opinions & decisions are legally binding

By on February 25, 2013 in Common Law, Legal cases, Medical Panel, WorkSafe Vic

Late last year, the court of appeal (VIC) handed down a – in our humble opinion- rather harsh decision concerning Medical Panels, which may have serious ramifications and consequences for all injured workers referred to such Panels. Beware that Medical Panel opinions & decisions are legally binding In the Victorian case Kocak v Wingfoot Australia [...]

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How does social media and other surveillance prejudice an injured workers case?

By on February 24, 2013 in Common Law, Compensation, Surveillance, Tips & Tricks, WorkSafe Vic

It is a well known fact that workcover insurers (and their lawyers) are crawling all over injured workers’ Facebook pages (and other social media sites), and routinely download those pages in “evidence” in case they are later “altered”. Many [genuinely] injured workers still do not understand how stuff posted on Facebook could possibly prejudice their [...]

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Will you be charged a percentage of your compensation payouts? NO!!!

By on February 23, 2013 in Common Law, Compensation, Fraud & Abuse, Legal cases, Tips & Tricks, WorkSafe Vic

It is is a widely held belief  that an injured worker (the Claimant) will be charged a certain percentage ( i.e. 25 %) of the settlement sum  by their representing lawyer(s) after a common law case has reached settlement [and with a no win no fee structure.]. Some injured workers even believe that their lawyers [...]

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Sneaky video surveillance gotcha moment squashed by good day-bad day argument

By on February 22, 2013 in Common Law, Legal cases, Surveillance, WorkCover QLD

We recently stumbled upon a QLD legal case where, yet again, the extent of the injured worker’s injury was heavily questioned by secret and sneaky video surveillance footage, which claimed – of course- that the injured worker was a faker. Thanks God, His Honour was nevertheless impressed with both medical experts testimonials and concluded there [...]

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Fighting For Retraining In The Workcover

By on February 13, 2013 in Case manager (follies), CGU, Common Law, Corruption, Permanent impairmemt, Retraining

This article has been supplied by a long-term injured worker  I have been a Workcover victim for eleven years. To me, Workcover feels much more like a punitive jail than a rehabilitation centre. As an injured worker I became incredibly isolated by it, and felt locked in at home. I desperately want to escape this [...]

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How long will it take for my workcover common law claim to settle?

By on February 9, 2013 in Common Law, Compensation, Resources, Serious injury, WorkSafe Vic

Many [Victorian] seriously injured workers, who are eligible for a common law damages claim, ask us how long it will take to settle their [common law damages] workcover claim. Under the Victorian WorkCover, there are three (3) elements that you must establish to obtain common law damages. These elements are: You are suffering from a [...]

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IME and court

By on February 4, 2013 in Common Law, Compensation, Legal cases, Medical Exam (IME)

Should, in a workcover matter, the opinion of a more experienced medical practitioner -IME (Independent Medical Examiner]- be preferred to that of a less experienced medical practitioner – IME? The High Court’s first judgment in 2006, CSR Ltd v Della Maddalena (1), addressed this aspect of the often controversial area of medical experts’ opinion evidence, [...]

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Bringing legal proceedings relating to your workcover injury? Hide under a rock!

By on January 29, 2013 in Common Law, Surveillance, Tips & Tricks

I have said it a million times, and I am saying it again – if you are bringing legal proceedings which relate to your workcover injury, please, please be advised to refrain from posting any comments on your social media sites (such as Facebook, Twitter, Blogger etc.) and on sites such as aworkcovervictimsdiary.com which relate [...]

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