More good news for NSW injured workers! In this recent (20 May 2013) legal NSW case, the Workers Compensation Commission’s verdict in the case of Di Matteo v RDM Ceramics Pty Limited essentially means that if an injured worker has made ANY type of claim before to 19/6/12 then he/she can still make a further [...]
Tag Archives | Legislation
New proposed anti-bullying laws: changes to FairWork Act
Not long ago, The Fair Work Amendment Bill 2013 proposed amendments to the current Fair Work Act 2009 (Cth) (the Act) in an attempt to address workplace bullying. New proposed anti-bullying laws The proposed amendments include: Allowing workers who believe that they have been bullied at work to have their grievances heard in the Fair [...]
NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively
A really very important decision has been handed down by the NSW court of appeal today. The Court has held that the amendments affecting lump sum compensation that came into effect on 19 June 2012 do not apply to any worker who had made a lump sum claim before 19 June 2012 NSW Court rules [...]
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 [...]
Wake up call for medical report writers
In this legal NSW case, the Court of Appeal has given a ‘wake up call’ to those who practice in the personal injury area. In jurisdictions such as the Workers Compensation Commission (WCC), where the usual practice is to tender medical reports without calling oral evidence from the author of the reports – including not [...]
Stress claims: Workcover or a separation package?
Further to some to some interesting and intense commentary regarding injured worker “A” who experienced bullying and sexual harassment in her workplace and has been offered a “deal” consisting of three months salary and a quick and presumably very quiet separation, we looked a little deeper into the pro’s and con’s of going down the [...]
Can I resign when I am on workcover?
Further to “Jax” question asking whether work (or workcover) is liable to pay his weekly payments, now that he has resigned from his job, we trolled our books and the web to find an answer, with an explanation. Well, ahum, the “bad’ news is that resigning from your job with your pre-injury employer “for reasons [...]
When work is not “a Significant Contributing Factor” to causing the work injury: a painful story
If you suffer from a pre-existing condition / injury and your pre-existing medical condition has flared up as a result of your duties at work, you may be entitled to workers’ compensation benefits, however the catch in the legislation (all states) is that work must have been a “significant contributing factor” causing the “flare up”. [...]
Medical assessments and bosses – injured workers rights
Earlier today, Monty posted a comment asking if his employer can obtain his full doctors reports from IME or from all the independent doctors he has visited in past months.They apparently told him that they got all the reports. Monty was thinking about privacy laws and acts… and so are we! So we went on [...]
Human Rights Commission powerless in public sector and workcover matters
We recently received correspondence a bullied, harassed and ill-treated injured worker sent to the Human Rights Commission. The response the injured worker received was very disappointing. It appears Human Rights are available to anyone who doesn’t work in the public sector or have a workcover claim. Thanks to the injured worker, we know have this [...]
Injured workers who can do some but not all inherent job requirements can be sacked
Did you know that the Australian Industrial Relations Commission has ruled Injured Workers who can perform some but not all of their inherent job requirements after an injury can have their employment validly terminated. Injured workers who can do some but not all inherent job requirements can be sacked A legal case (2008) heard at [...]
National bullying definition is a welcome start – now let’s act
The House of Representatives Standing Committee on Education and Employment’s inquiry into workplace bullying has delivered some important recommendations which should now be enacted. . National bullying definition is a welcome start – now let’s act This definition was already essentially in place in most Australian jurisdictions, with some slight divergences, but commitment to a national [...]
Bullying inquiry decides NOT to nationalise Brodies Law!
The recent parliamentary inquiry into workplace bullying has- sadly- refused to recommend a national equivalent of Brodie’s Law, notwithstanding the seriousness and increase of workplace bullying! Instead, the inquiry proposes the development of a “national advisory service” to help employers and workers “deal with the issue”. Bullying inquiry decides NOT to nationalise Brodies Law! The [...]
Injured person considered an employee, and therefore a ‘worker’ or independent contractor?
In a recent legal case, the Victorian Supreme Court of Appeal has sought to further clarify the relevant factors to be examined in determining whether an injured person is to be considered an employee, and therefore a ‘worker’ for the purposes of the Accident Compensation Act 1985 (‘the Act’). Who is eligible for workcover in [...]
Class action workcover NSW legislation?
Thanks to At A loss, we were made aware that a someone, presumably an injured worker, wrote an appeal for a potential class action for workcover NSW legislation on Aussie Legal Forum, which may have some merit? Saying that, if a class action were possible, we believe we would have heard from interested law firms [...]
Power of insurance companies: Injured workers may have no time to adjust to changes before being cut off
NSW Shadow Treasurer Michael Daley believes injured workers will not have time to adjust to the O’Farrell Government’s worker’s compensation timetable. In August Mr Daley stated “If you’ve been injured at work in past years and you are unable to work through no fault of your own … you have five years until all your [...]
Supported by Erin Brockovich
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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 case managers listen to background noise when phoning injured workers – WTF
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WorkCover NSW average premiums cut by 7.5 per cent
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Faulty assumptions only adds insult to injured workers
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Deed of release often used in settling workcover cases- what are they?
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Government plan to make Comcare best practice model
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New proposed anti-bullying laws: changes to FairWork Act
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Recoveries of money under workcover
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Vic Premier Naphtine called building workers safety march a disgrace
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Employers incl RTW Coordinators are not allowed to attend doctors appointments
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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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Judge criticises law firm about rejection of more generous settlement offer
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International Day of Mourning: remembering those injured workers who have died
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Another fraud accused injured worker entitled to workcover!
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SA Premier accused of unprofessional conduct as previous workcover lawyer
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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
Forum for injured workers
Social Club Victorian Injured workers – SIC
**Next meeting April 2013**
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