Inguinal Hernia Workers Compensation Cases
In our work as personal injury lawyers, we sometimes come across trends or patterns emerging in personal injury claims. For example, we’ve recently achieved success in a number of work injury claims regarding inguinal (groin) hernias caused, or materially exacerbated by, heavy lifting at work. As part of our due diligence in providing expert advice […]
Workers compensation for delivery and rideshare drivers?
In New South Wales, it is compulsory for all employers (with a few exceptions) to have workers compensation insurance, unfortunately it doesn’t always apply to delivery and rideshare drivers. Independent contractors who work with a business rather than being employed by a business will generally not be entitled to workers compensation. Such is the case of […]
Workers compensation – worker with highest needs
Section 32A of the WORKERS COMPENSATION ACT 1987 defines a worker with highest needs as a worker whose injury has resulted in permanent impairment that has been assessed or the insurer has agreed is 31% or more. A worker with 31% or more permanent impairment has certain rights including: Given these rights, if a worker has previously agreed […]
Work injuries resulting in death
The recent case of Barbosa v Rio Formwork Pty Ltd [2020] NSWWCC 17 before the NSW Workers Compensation Commission (WCC) presented some interesting questions about how we determine whether a worker’s employment was a “substantial contributing factor” in the cause of the death of a worker. Mr Adao Barbosa had suffered severe lower back injuries […]
Back injury case study
In this case study the onus was on the worker to prove his back injury occurred as a result of negligence by the employer. Smith v Coles Supermarkets Australia Pty Ltd t/as Coles Distribution Centre; Ready Workforce (A Division of Chandler Macleod) Pty Ltd v Coles Supermarkets Australia Pty Ltd; Coles Supermarkets Australia Pty Ltd […]
Worker claims back-paid benefits after 260 weeks
Can a worker claim back-paid weekly benefits after their benefits cease at the 260 week limit under s 39(1) of the Workers Compensation Act 1987 (“the Act”) if their whole person impairment (“WPI”) is later found to be 20% or more? The Court of Appeal on 17 June 2020 in Hochbaum v RSM Building Services […]
Worker killed while working from home
On 16 June 2010 between 7:30am and 4pm, the worker, Michel Carroll was attacked and killed by her de facto partner, Steven Hill who was subsequently found not guilty of murder by reason of mental illness. Michel and Steven were employed as financial advisors by their company, S L Hill & Associates Pty Ltd. Michel […]
PIAWE Legislative Reforms
Why did the PIAWE legislative reforms take place? In the past, anyone injured at work could only claim compensation for their base rate earnings. Overtime and shift penalty rates could not be claimed. This proved to be problematic for some employees as many rely on those extra payments as part of their regular income. The […]
Case study – injured workers claim for a new vehicle successful
Dries v GGA Glass & Aluminium Pty Ltd [2019] NSWWCC 329 In this matter an injured worker filed an Application to Resolve a Dispute in the Workers Compensation Commission to claim reasonable and necessary medical expenses in accordance with section 60 of the Workers Compensation Act 1987 (“the Act”). Those medical expenses were for the […]
Workers compensation – domestic assistance
If you require assistance at home following a work injury you may be able to make a claim for domestic assistance from the workers compensation insurer. The WorkCover Independent Review Office (“WIRO”) recently assisted a Worker to get her workers compensation insurer to pay for the installation of a dishwasher after 3 years of her […]