A couple of weeks ago I came across this bizarre but interesting Victorian legal case, whereby the Victorian Supreme Court decided (in 2011) to reduce common law damages awarded to a seriously injured worker by a whopping 70% -because the injured worker – who suffers a major back injury – continued to “recklessly” work on [...]
Tag Archives | common law
How are damages calculated
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 [...]
Common law damages claim and duty of care of the employer
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 [...]
Judge criticises law firm about rejection of more generous settlement offer
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 [...]
Deed of release often used in settling workcover cases- what are they?
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 [...]
Recoveries of money under workcover
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 [...]
When has the employer done enough to avoid liability for psychiatric injury claim?
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 [...]
Surveillance evidence defeats injured workers damages claim
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 [...]
Beware that Medical Panel opinions & decisions are legally binding
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 [...]
How does social media and other surveillance prejudice an injured workers case?
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 [...]
Will you be charged a percentage of your compensation payouts? NO!!!
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 [...]
Sneaky video surveillance gotcha moment squashed by good day-bad day argument
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 [...]
How long will it take for my workcover common law claim to settle?
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 [...]
IME and court
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, [...]
Bringing legal proceedings relating to your workcover injury? Hide under a rock!
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 [...]
Workplace injury not serious “enough” for damages says judge – WTF?
Where on earth does one start on this! In this disturbing, recent (Oct 2012) legal case, the judge claims the injured worker has exaggerated her pain condition. She has a chronic pain disorder, which is labelled by the judge as a “mental condition”! Exaggerating pain is what chronic pain conditions do! That finding from the [...]
Supported by Erin Brockovich
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HuntingWorkcover: Something others may want to follow: A DISABL...
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WorkcoverVictim: Proposed amendment to Fair Work Act to provide “...
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workcovervictim3: Employers, return to work coordinators and any one...
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Madame Zena: @HuntingWorkcover & @At a Loss - I agree. I ha...
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NC: Hi Thank you for your reply. I'm not sure how it ...
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christine mckenzie: I agree this was is a great read. and a thank yo...
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At A Loss: have a look at what this poor man went through, ...
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NSW injured workers can still make a further claim for impairment for that same injury – new legal case
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NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively
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WorkCover NSW average premiums cut by 7.5 per cent
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Workcover case managers listen to background noise when phoning injured workers – WTF
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Faulty assumptions only adds insult to injured workers
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Government plan to make Comcare best practice model
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Deed of release often used in settling workcover cases- what are they?
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Barry’s reform adds insult to the injured
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Employers incl RTW Coordinators are not allowed to attend doctors appointments
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Vic Premier Naphtine called building workers safety march a disgrace
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Workcover compensation schemes impede recovery from injury
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Assault on injured workers – more evidence and concern S.I.A
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Recoveries of money under workcover
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International Day of Mourning: remembering those injured workers who have died
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Judge criticises law firm about rejection of more generous settlement offer
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Reckless injured worker’s common law damages reduced by 70%
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Report condems “untouchable” police officers amid bullying claims
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Vexatious “injured” worker blocked by the courts – again
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The huge cost of workplace stress and depression
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NSW injured workers can still make a further claim for impairment for that same injury – new legal case
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What has the attack on NSW’s Workers Compensation laws meant for you?
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When can weekly payments in Victoria be terminated
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How are damages calculated
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How to spot chronic workplace bullies
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Common law damages claim and duty of care of the employer
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Federal Court ruled AAT required to explain why it preferred the IME’s evidence
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Medical Panels must provide clear reasons – Supreme Court Vic
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Workcover Certificates: Doctors must ensure they’re carefully worded
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Injured worker denied recommended back surgery and at wit’s end
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Change WorkCover. Give injured workers a fair go – Petition
Forum for injured workers
Social Club Victorian Injured workers – SIC
**Next meeting April 2013**
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