Bullied Worker Awarded $1.3m Damages
Worker awarded $1,394,421.91 damages following a successful common law damages claim of intentional tort (intentional act) as a result of suffering a psychiatric condition including PTSD and depression that developed as a result of bullying and harassment by a manager. Ward v Allianz Australia Services Pty Ltd [2019] NSWDC 293 (5 July 2019) Facts Mr Ward started […]
Work-related knee replacement – is the insurer liable in the future?
A case decided on appeal in the Workers Compensation commission about whether total knee replacement is an “artificial member/aid” and whether an insurer was still liable.
Exempt workers under NSW workers compensation legislation
Who are exempt workers? Exempt workers refers to types of workers who were not affected by the 2012 and 2015 amendments to the Workers Compensation Acts and includes: Police officers Paramedics Fire fighters Workers injured while working in or around a coal mine These workers have different rights and entitlements compared to your average NSW […]
Industrial Deafness: Patricia’s story
An industrial deafness case study: Patricia Lynch Ms Patricia Lynch worked as a process worker for Inghams Enterprises Pty Ltd from 1990 until 4 January 2008 when she voluntarily left. On 8 July 2011, Ms Lynch had her hearing checked by an audiologist. The audiologist told her she had industrial deafness for which she could claim compensation […]
Workers compensation: PIAWE top-up on less hours or pay
How much of a worker’s pre-injury average weekly earnings ‘PIAWE’ are they entitled to, particularly if they work less hours or receive less pay? To begin with, your employer must continue to provide suitable work if possible. Your employer may have to modify or reduce the work that you were doing before you were injured […]
What happens to weekly payments if I get a new job and it doesn’t work out?
If you get another job, have completely recovered from your work injury and are no-longer in receipt of weekly payments of compensation, but you quit, are terminated or made redundant, you cannot now claim weekly payments of compensation from the workers compensation insurer, unless you have more than 20% permanent impairment. However, if you get […]