In 2013, the National Disability Insurance Scheme (NDIS) rolled out across Australia, aiming to overhaul disability support and funding for over 400,000 people living with a disability. This article looks at how personal injury compensation may affect NDIS support. What support is provided by the NDIS The NDIS provides reasonable and necessary supports to eligible […]
NDIS recovery from compensation payouts 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 »
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 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 »
If you have contracted the COVID-19 virus as a consequence of your employment, you can make a workers compensation claim. You will be able to claim: · Loss of income at the statutory rate, · Medical and treatment expenses, · Lump Sum Compensation, if the injury that you sustain because of the infection is serious,
Claiming Workers Compensation Due To COVID-19 Read More »
Claiming Cannabis Oil As A Reasonable Medical Treatment Under The NSW Workers Compensation Legislation In a recent case determined in the Workers Compensation Commission (WCC), a worker sought to claim the costs of medicinal cannabis oil treatment as a necessary medical expense caused by his injuries in a work-related incident. Determined on the papers by
Case Study: Cannabis Oil as a Reasonable Medical Treatment Read More »
Welcome to a new world! Now go back to your reality! Findlater v Insurance Australia Limited t/as NRMA Insurance [2020] NSWSC 1407 – Harrison AsJ – 14/10/2020. 1. On 22/01/2014, the claimant was injured in a motor cycle accident (MVA). The insurer admitted fault for the MVA. The claimant sought judicial review to set aside
The Correct Test of Causation in Personal Injury – A Case Study Read More »
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