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Tag: Melbourne

Common Mistakes to Avoid in a WorkCover Claim

Commencing a WorkCover claim can feel daunting and overwhelming. The constant flow of documents, rules, appointments and meetings can create confusion and frustration. While the process may seem complex, avoiding common mistakes can help you navigate your claim more smoothly and …

How a WorkCover payout is calculated?

Acquiring an injury at work and attempting to seek compensation can be a stressful process, where complicated terms and rules surrounding WorkCover payments can generate a confusing procedure. An injury at work can entitle you to several differing compensation options, of …

What to know about Impairment Benefits in Victoria

What are Impairment Benefits If you have an accepted WorkCover claim in Victoria there are a number of benefits and compensation options that can make the whole process confusing and difficult to understand and navigate. If it is determined that your …

Worker cutting concrete whilst dust flows around them creating an environment that can cause silicosis

WorkCover Entitlements for Occupational Diseases

If a worker contracts a disease as a result of exposure to risk factors arising from the nature of employment, that disease may be classified as an occupational disease. Are there any entitlements?

WorkCover and TPD, Can you claim both at the same time?

If you’re unable to work due to an injury or illness there are a number of compensation options available to you depending on how the injury or illness came about. When talking about a work-related injury, some of the most common …

Conciliation with a Personal Injury Lawyer

Fighting for our client, while inadvertently fighting for all injured Victorians: Vicinity Centres PM Pty Ltd -v- Arik [2023]

What started out as an investigation into whether a Medical Panel determination in a Public Liability Claim was invalid by way of jurisdictional error, proceeded to and continues to disrupt the Personal Injury sphere across Victoria.

In Victoria, whether you are permanently injured in a public space, at work or in a transport accident, your injuries will be assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition (‘the AMA Guides’). The AMA Guides allow for a determination as to percentage of whole person impairment (‘WPI’) that can be attributed to injuries of the injured person. The WPI impacts the compensation entitlements one may be entitled to under the Wrongs Act 1958 (VIC), the Transport Accident Act 1986, and the Workplace Injury Rehabilitation Compensation Act 2013.

Courts Conclude what was already known – Courts to continue to accept multiple medical panel determinations

In accordance with the Wrongs Act 1958 (Vic) (‘the Wrongs Act’), if a person injured in a public place wishes to initiate a claim for pain and suffering, they must first establish that they have a significant injury. In the first instance, the injured party would be assessed by an independent accredited medicolegal doctor who would assess their level of impairment. If their level of impairment meets the relevant threshold level to establish a significant injury, then they will provide the injured individual with a Certificate of Assessment (‘the certificate’).

Client Success Story: Damages for Retail Worker Assaulted by Suspected Shoplifter

Zaparas Lawyers successfully assisted an injured retail worker to obtain damages following an assault by a suspected shoplifter.

In 2017 near the end of the workday, our client, a Retail Sales Assistant working by herself, was assisting a customer in a clothing shop when a Shopping Centre Security Guard indicated that a person who had just entered her shop was acting suspiciously and had put something in her stomach region. Our client finished serving the customer and tidied some racks when the suspicious character removed an item of clothing that she had hidden in her own clothes, threw them on the ground and as she went to leave the store she grabbed our client, forcefully pushing her to the ground.

Dispute Resolution for TAC claims in Victoria

The Transport Accident Commission (TAC) supports Victorians who are injured on the road and assists with recovery.

Under the “No-Fault Scheme”, the TAC can provide entitlements such as medical and like expenses.

Medical and like expenses include but are not limited to:

GP consultations;

Specialist appointments;

Radiological scans (e.g. MRI, x-ray);

Physical therapies;

Psychology/Psychiatry treatment; and/or

Medication (original receipts are required).

However, there may be instances where a TAC claimant receives a denial letter or faces challenges when claiming entitlements such as medical and like expenses.

Occupational Exposure to Benzene can result in Adverse Health Effects

Benzene, an aromatic hydrocarbon, is mainly derived from petroleum and is used as an intermediate in the chemical industry as well as a solvent in paint, inks, dyes, thinners, adhesives, and coatings. It is also commonly used in the production of polymers, resins, synthetic fibres, and rubber products.