Section 33 of the Worker Compensation Act (NSW) 1987 (“the 1987 Act”) requires the employer to pay compensation to an injured worker weekly compensation if the injury has caused either total or partial incapacity for employment. Section 43 of the 1987 Act allows an insurer to adjust the amount of weekly compensation payable to the […]
Reduced Weekly Compensation Due to Work Capacity Read More »
In Section 60 of the Worker Compensation Act 1986 (NSW) (the 1987 Act) an injured worker can claim work-related medical or hospital treatment and rehabilitation if they are reasonably necessary. The 1987 Act does not define reasonably necessary treatment. However in the case of Diab v NRMA Ltd [2014] NSWWCCPD 72 (Diab), Roche DP has
Medical Expenses & Reasonably Necessary Test in WC Claim Read More »
Pursuant to Section 33 of the Workers Compensation Act 1987 (the 1987 Act) an injured worker can receive weekly payments from the employer for partial or total incapacity from the workplace injury. Before paying the injured worker’s weekly payment, the insurer must calculate the so-called pre-injury weekly average earnings (PIAWE) of that worker. In most
How PIAWE is assessed if injured as a short-term worker Read More »
False imprisonment as the name suggests is the intentional imprisonment of a person without lawful justification, which is an offence at common law and also a civil wrong (a tort). A person can be imprisoned by private authorities such as a shopkeeper if they believe a customer has committed retail theft, however this commonly arises
What is False Imprisonment Read More »
In December 2017, the Royal Commission into Institutional Responses to Child Sexual Abuse was delivered to the Governor General. As a result, legal reforms were made allowing survivors to make a claim for compensation, regardless of when the abuse occurred. Sexual assault is a traumatic and life-changing experience. The psychological scars can be persistent and
Can I still claim for abuse when I was a child Read More »
A TPD claim is an insurance benefit that may be attached to your superannuation fund. You may be eligible for this lump sum benefit if you are sick or injured, or both, and you are unable to work again, whether that is in your usual occupation or any occupation. The TPD insurance amount, is the
What is Total and Permeant Disability Claim (“TPD”) Read More »
If you are in NSW and you have been injured as a result of a motor vehicle accident (after 1 December 2017), under the Motor Accident Injuries Act 2017 (“the Act”) you can make a claim for personal injury benefits and the claim must be lodged within 3 months of the date of the accident.
Motor vehicle claims Read More »
Claims for damages must be referred to the PIC within three years of the date of the MVA. If not, a claimant is required to provide a full and satisfactory exposure for the delay. We discussed below a recent case in the PIC concerning a late claim. Under the Motor accident Injuries Act 2017 (MAI
Motor Vehicle Accident Claims- Time limits for referring claims for damages assessment Read More »
In NSW the Motor Accident Injuries Act 2017 (the MAIA Act) is the legislation that covers the statutory benefits that are payable to those injured in a motor vehicle accident. If you are unable to work because of your injuries caused by the vehicle accident, you will receive statutory weekly benefits from the CTP insurer
Am I entitled to receive weekly benefit if injured in motor vehicle accident Read More »
Voluntary assisted dying refers to assistance being provided to a person by medical practitioners for either self-administration when a person takes medication themselves and practitioner administration when the person is given medication by a doctor. This is a voluntary choice of the person however they must be competent and have capacity to make the decision of voluntary assisted dying.
Voluntary assisted dying legalised in NSW Read More »
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