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Tag: Melbourne

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.

COVID-19 Dependency Claim Settlement

In 2021, our client’s father, the deceased, worked as a Sales Manager with a manufacturing company.  During the deceased’s period of exposure to COVID-19, the Greater Melbourne area was subject to its 6th lockdown, with orders made by the Victorian Government that limited amongst other things what work premises could be open, who could attend them and what measures needed to be in place to limit or seek to limit the spread of COVID-19 infections. The deceased only left his residence to attend his work’s premises during the weekdays or once a week to go grocery shopping. The deceased tested positive to COVID-19 and unfortunately passed away about two weeks later due to complications from the infection. Shortly after the deceased tested positive to COVID-19, about four of his colleagues also tested positive. His daughter subsequently lodged a WorkCover dependency claim which was rejected by the WorkCover insurer.

Claiming transport accident benefits if you’re at-fault

Being injured in a road or transport accident can have negative impacts on everyone involved – those at fault and not. For these reasons, compensation schemes exist around Australia and aim to provide benefits to injured persons to support them back …