Areas of Practice

Workcover

Workcover is a scheme designed to provide benefits to injured workers.  

Any worker who sustains an injury during the course of their employment has rights to Workers Compensation Benefits. Injuries include a sudden, traumatic injury, an injury that occurs gradually over time and a worsening of an old injury or problem.

The benefits include:

• Medical and Like expenses – these are reasonably necessary treatments. This basically means that the cost of an injured worker’s doctors, specialists, various medications, conservative and operative treatments must be covered by the Workcover insurer. Zaparas Lawyers prides itself on pursuing a medical expense entitlement of a worker with the same tenacity as it does for lump sum settlements.

• Weekly Payments – when a worker is unfit for work due to a work-related injury they are entitled to weekly payments. It is not uncommon for a worker’s entitlement to weekly payments to be terminated by the Workcover insurer, only for the decision to be overturned by a Court on appeal.

• Lump Sum Payments/Common Law – if a worker has sustained a permanent injury they may be entitled to lump sum compensation. Zaparas Lawyers pride themselves on efficiently accessing considerable compensation for injured workers, whether it be via a Section 98C Impairment Benefit or a Common Law settlement. To obtain a Common Law settlement in Victoria an injured worker must prove that they have suffered a Serious Injury, and that the employer’s negligent conduct caused the injury.

When you first attend, we will outline all your entitlements and give a good indication of what rights are available for you to pursue, and a sure indication and appraisal of what compensation entitlement you may be entitled to. This involves either Peter, Yianni or Paul Zaparas looking at the medical evidence and making a very early decision about your prospects. It is often one of the most important conversations you will have.  

Peter Zaparas built the firm many years ago in running cases others were too cautious to run. This fighting spirit and attitude exists in the atmosphere of the firm.   

For years Zaparas Lawyers have been leaders in Workcover Practice Statewide. Hundreds of Workcover cases are issued every year by our office, ranging from the Magistrates Court, County Court, Supreme Court, Court of Appeal and High Court. In fact during 2009 Zaparas Lawyers was involved in two High Court appeals relevant to the rights of injured workers.

Transport Accident Commission (TAC)

The TAC is a Victorian Government organisation which is set up to provide benefits to people who have been involved in a transport accidents. 'Transport accidents' include accidents which involve cars, motorcycles, trains, trams, buses and bicycles.

The legislation which governs the scheme is called the Transport Accident Act (Vic) 1986.

No-Fault Entitlements

You have entitlements as an injured person, regardless of who caused the accident. These entitlements are called "no-fault" benefits and include;

• Medical & Like expenses - The TAC can pay for medical treatment which is reasonable and related to the accident. These services include; ambulance services, hospital services, medical appointments, pharmacy items, therapies, dental service and nursing services. A medical excess applies before the TAC can commence paying for these services. We will be happy to assist you reaching your medical excess and protecting any of these entitlements for you;

• Loss of Earnings and Loss of Earning Capacity - The TAC can pay Loss of Earning benefits for an earner who is unable to return to their pre-accident employment as a result of the injuries suffered in the accident. These payments can be made for up to 18 months post accident. After this period, the TAC may then pay loss of earning capacity benefits for a further 18 months, to a person who has lost the capacity to earn income as a result of transport accident injuries.

• Impairment Benefit - if you have sustained an injury/injuries which have left you with a permanent impairment, you may be entitled to a lump-sum compensation amount. Your level of impairment is assessed by independent examiners and if the TAC determines that your whole person impairment is 11% or more, you will receive a lump-sum payment. We will fight to ensure your impairment is determined fairly and reasonably and we will dispute an impairment decision made by the TAC which we do not believe to be just.

Common Law Damages

Over and above these benefits, if the transport accident was caused wholly or partially by the fault of another party and you have been 'seriously injured' as defined under section 93 of the Transport Accident Act, you may be entitled to Common Law damages. Depending on your circumstances, these damages may include lump-sum compensation for;

• Pain and Suffering; and/or

• Economic Loss.

Time limits apply to TAC claims, so it is important that you come and seek some advice soon after you've been injured in an accident, so that you are not barred from making a claim.

Asbestos Related Injuries 

Zaparas Lawyers has increasing built a practice seeking compensation for people who have suffered injuries as a result of their past exposure to asbestos. 

Broadly speaking, asbestos related diseases tend to fall into three categories: 

            1.                  The development of pleural plaques in the lungs;

            2.                  The development of a lung condition known as asbestosis;

            3.                  The development of lung cancer or mesothelioma (a specific type of lung cancer) and any secondary cancers.

Entitlement to Compensation

It is generally accepted that exposure to asbestos fibres can cause lung diseases and a long line of cases has established that it was reasonably foreseeable that the exposure of individuals to asbestos was likely to cause damage to the exposed person.  Accordingly, most people who have suffered a lung or other type of disease as a result of past exposure are entitlement to compensation.  However to be entitled to compensation the lung condition must be productive of symptoms.

Pleural Plaques and Pleural Thickening

As a general rule, the existence of pleural plaques or pleural thickening in the lungs rarely cause actual symptoms to the injured party.  Compensation for pleural plaques may therefore not be available or may be nominal, however, investigations should always be conducted where a person has been diagnosed with pleural plaques or pleural thickening.  It may be the case that compensation is available to the exposed individual.

Asbestosis and Cancers

In most cases, people who develop asbestosis or lung cancer or mesothelioma will be experience significant symptoms and be entitled to compensation if it can be established that the asbestosis or lung cancers have been caused by the person’s past exposure to asbestos.  In the case of mesothelioma and asbestosis this is usually a straight forward connection because these conditions have been proven to be caused by asbestos fibres and are unlikely to have any other cause. Other types of lung cancers can have separate causes (for example smoking tobacco) and investigations in this respect need to be undertaken.  Compensation for these conditions includes damages for:

(i)                 Economic Loss;

            (ii)               Pain and Suffering and Loss of Enjoyment of Life;

            (iii)             Shortened Life Expectancy; and

            (iv)             The costs of external care and assistance and the purchase of equipment and aids.

 Zaparas Lawyers prides itself on taking swift steps to attend to any asbestos related conditions that a person suffers from.  In particular, Zaparas Lawyers is acutely aware of the need to act quickly in circumstances where a person has been diagnosed with a terminal illness to secure a person’s rights and entitlements and in order to enable the injured person to have peace of mind during a particularly difficult time.  We always seek to assist our clients in this regard with compassion, speed and understanding.

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