Personal Injury Lawyers Sydney

Who can make a claim for damages under the motor accidents compensation act?
To make a claim under the Act you must have sustained an injury arising out of a MVA (Motor Vehicle Accident).

“Motor accident” means an accident involving the use or operation of a motor vehicle that causes death of or injury to a person and is caused (whether or not as a result of a defect in the vehicle) during:

• The driving of the vehicle; or
• A collision, or accident taken to avoid a collision, with a vehicle; or
• A vehicle running out of control.

You also must be able to demonstrate “fault” of the owner and/or driver of a motor vehicle. In most cases the vehicle which caused the accident is considered to be “at fault”. You must be able to prove that your injuries were as a result of the fault of the owner or driver of the other motor vehicle.

Pedestrians can also claim where they are injured by the fault of the driver of a motor vehicle.

BPC Lawyers act on behalf of people suffering from whiplash as a result of motor vehicle accidents everyday.

There has been a lot of change in this area of motor vehicle claims over the years however monetary compensation still exists to assist people to put their lives back together after an accident.

BPC Lawyers recently acted on behalf of a client who sustained whiplash type injuries to the neck and back as a result of a rear end motor vehicle accident. This is a very common injury and one where substantial compensation can still be obtained.

At the time of the whiplash injury, our client was employed as a personal assistant on a full time basis and also undertook an active roll in the care of her disabled son.

On 21 October, 2014, an out-of-control truck rolled onto its side at the intersection of Pittwater and Warringah roads in Dee Why, crashing over the median strip and colliding with eight cars, ultimately coming to rest on top of a vehicle with the occupants injured and trapped inside. everyday.

In all, six people had to be freed from their vehicles by the Fire Department and five were rushed to hospital, one by helicopter.

This case took over 14 days to hear. We argued on our client’s behalf that there was inadequate and misleading road signage on the Monaro Highway, near Bombala. 

At the time a new road was being built and our client was diverted down a dirt section of road which acted as detour.

We were recently successful in proceedings before the NSW Court of Appeal acting for the father of a young person who suffered a severe brain injury as a result of a motor vehicle accident.

Our client, the young boy’s father, had parked his car with a boat attached outside his home with the intention of opening the gate and backing it into the driveway. He asked his son to get out of the car to open the gate.

Do Patients still have the ability to sue for Negligence?

Although there are laws that restrict people’s rights to sue medical treatment providers for negligence, the capacity to sue has not been totally removed.  If you can prove that someone has been negligent and that you have suffered damage as a result, then you probably still have a case.  The devil, however, is always in the detail.

Causes of Medical Negligence

Although there are laws that restrict people’s rights to sue medical treatment providers for negligence, the capacity to sue has not been totally removed.  If you can prove that someone has been negligent and that you have suffered damage as a result, then you probably still have a case.  The devil, however, is always in the detail.

Like any profession or job doctors and other medical professionals can make errors of judgement or neglect to carry out their duties to the required standard. Usually this is not the case and the vast majority of medical practitioners do excellent work every day in our hospitals and clinics. When they do occur, however, incidents of hospital negligence and medical errors are often due to the pressure (and fatigue) of working long hours in what is undoubtedly a stressful environment.

A. Delayed Diagnosis of Cancer.

Delayed diagnosis of cancer is one of the most common types of delayed diagnosis cases. Unfortunately, this occurs a lot more than it should. When considering suing their doctor for delayed diagnosis of cancer, plaintiffs must consider the fact that they already had cancer when the negligence occurred. It is this very pre-existing cancer which gives rise to the possibility of a case – the cancer was there to be diagnosed, and that opportunity was lost.

Success Story.

Beilby Poulden Costello have played a lead role in a number of matters arising out of the Campbelltown/Camden Hospital failures which it will be recalled resulted in a special commission of inquiry into Campbelltown and Camden Hospitals undertaken by the Health Care Complaints Commission.

We have a number of past clients who have suffered as a result of failures in the South Western Area Health Service. Regrettably in some of the cases this has involved us having to represent the families at Coronial Inquests into tragic deaths which evidence supports were able to be prevented with reasonable care on behalf of the hospitals.

We continue to be involved in important litigation on behalf of individuals and families. Some examples of the types of matters are listed below.

Eligibility.

What the law seeks to instill among health providers is a standard of reasonable care for the safety of their patients. Aside from the absence of reasonable care, there must also be a showing that:

• the patient suffered from harm or injury
• the injury is a direct result of the failure to take reasonable care
• the injury or harm was foreseeable at the time reasonable care was not exercised

Can I Sue My Employer?

Ordinarily, the law requires you to bring this kind of cause of action within 3 years of its occurrence.

However, when suing your employer, the Court is given the power to extend this time. Traditionally it would grant such an extension provided that it was satisfied a fair trial would be conducted; that is, that the Defendant was not materially prejudice by the delay in bringing the action out of time.

How To Make A WorkCover Compensation Claim

The definition of a worker includes:

Those that work for an employer as an employee under a written or oral contract of service;
A “deemed” worker, that is contractors who should be treated as employees.
If you fall in to one of the above categories and have sustained an injury either in the course of your employment or either travelling to or from work then you are entitled to make a claim for compensation. Mostly it does not matter whose fault it was that caused the injury.

Workers’ Injury Management Guide.

If a worker is injured an employer must:

Attend to the injured worker as soon as possible;
Notify the insurance company within 48 hours;
Co-operate and participate with the insurance company to develop an injury management plan;
Implement and monitor a return to work plan for the injured worker.

An Expert Workplace Injury lawyer Will Help Advise You On.

• Gathering medical records and relevant evidence
• Refuting the claims of any independent doctors from WorkCover
• Whether you have the right to seek additional medical opinions to help support your claim
• Who is liable to pay for the medical reports and bills; including any union assistance

If you have suffered a work-related accident, don’t be afraid you will be fired. It is actually within your employer’s best interests to keep you employed and to comply with the accident compensation claim. So speak to an expert workers compensation lawyer at Beilby Poulden Costello early, to help clarify your rights and your employer’s legal obligations to compensate your injury.

Are You Covered and What Are You Entitled To

In New South Wales the Workers Compensation Act provides financial protection to all workers in the event that they are injured or killed at work or suffer a work related disease.

The act states that a worker, who has received an injury at work, shall receive compensation from the worker’s employer. In the event that the injury results in the death of a worker, then the worker’s dependents shall be entitled to receive this compensation.

If you are injured at work you will be entitled to receive workers compensation which includes:

• The payment of weekly compensation benefits until you are able to return to work.
• The payment of your reasonable and necessary medical bills for treatment you require as a consequence of your work place injury including physiotherapy.
• The payment of any costs associated with your rehabilitation to enable you to return to work including retraining if you are no longer able to continue doing the same work as a result of your work place injury.
• Lump sum payments of compensation if you have suffered a permanent impairment of a certain level.
• Lump sum payments of compensation for pain and suffering if your work place injuries are assessed at a certain level.
• Payment of your legal expenses incurred in making a claim for compensation.

Workcover Insurance

The Workers Compensation Act makes it compulsory for employers to have a workers compensation policy if they pay more than $7500 in wages per annum, employ an apprentice or trainee, or are part of a group for premium purposes.

These policies of insurance are called “WorkCover Insurance”.

WorkCover NSW is part of the Compensation Authorities Staff Division. The Division was formed as an administer for work health and safety, injury management, return to work and workers compensation laws and manage the workers compensation system.

The aim of WorkCover Insurance is to ensure that all workers will receive their statutory entitlements to workers compensation if they suffer a workplace injury, regardless of the financial status of their employer. Employers pay a premium each year for their WorkCover insurance depending on the number of employees they employ and various other factors.

If you are injured at work you will be entitled to receive workers compensation which includes:

• The payment of weekly compensation benefits until you are able to return to work.
• The payment of your reasonable and necessary medical bills for treatment you require as a consequence of your work place injury including physiotherapy.
• The payment of any costs associated with your rehabilitation to enable you to return to work including retraining if you are no longer able to continue doing the same work as a result of your work place injury.
• Lump sum payments of compensation if you have suffered a permanent impairment of a certain level.
• Lump sum payments of compensation for pain and suffering if your work place injuries are assessed at a certain level.
• Payment of your legal expenses incurred in making a claim for compensation.

Workers Compensation Changes in NSW

The NSW Workers Compensation scheme has recently undergone some radical changes.

These changes have/will apply to ALL workers regardless of when their injury occurred UNLESS

• You were injured whilst and as result of employment with NSW Ambulance employee
• You were injured whilst and as result of employment with NSW Police
• You were injured whilst and as result of employment with NSW Fire Brigade
• Your claim is covered by a ComCare System or another state scheme.

The Old System
Generally, the old System provided all workers the following ongoing rights:

• Payment for all medical expenses properly incurred because of a work related injury
• Payments (capped) for time off work due to work related injury, and
• Payment for permanent impairment suffered because of a work related injury including a sum for pain and suffering between $0.00 and $50,000.

New Restrictions
For most workers, the new system provides for many restrictions which must be considered.

Medical Expenses
Payment of medical expenses is limited in two very limited respects.

Firstly, pre-approval is required from the insurer before they are liable for the medical expense

Secondly, you can only recover medical expenses up to 12 months from your last receipt of weekly wage compensation benefits.

Hearing Loss Claims
As most workers who are suffering a hearing loss don’t have much time off due to their injury, coverage for medical expenses only lasts for 12 months from the claim being made.

This is a significant reduction in medical expenses, especially as most workers require new hearing aids etc. past 12 months.

You should therefore ensure that you obtain all the treatment you can within 12 months of your claim being made.

Weekly wage compensation
For most workers, such benefits have increased in the amount per week (cap) but decreased the duration of the entitlement to such benefits.
For most workers, this benefit will be limited to a period of 1 to 260 weeks.

If a person is seriously injured and receives an assessment of or in excess of 21% Whole Person Impairment, those benefits may extend from 261 to entitlement to the aged pension.

Permanent Impairment Benefits
One and One claim only can be made.

If your condition gets worse – you are unable to claim a ‘top up’.

Further, compensation for pain and suffering is no more.

You must have an 11% WPI or greater rating/assessment before you’re entitled to any permanent impairment compensation.

Seriously injured – the exception
If you have a 31% WPI or greater then, your entitlements to weekly wage compensation and payment of medical expenses will continue similar to before.

What should I do?
If you made a claim for compensation before 18 June 2012 and have not yet received permanent impairment benefits or feel you condition has become worse since you last assessment, please contact our office to arrange an appointment as soon as possible.

How To Make a Workcover Claim

The workers compensation system is run by the WorkCover Authority of NSW.  WorkCover NSW is a statutory authority within the Minister for Commerce’s portfolio. The primary objective is to work in partnership with the New South Wales community to achieve safe workplaces, effective return to work and security for injured workers.

Find out more about your eligibility to make a claim, claim application steps and all relevant information by reading our full workers’ compensation claims guide.

Workers Injury Management Guide

Injury management is the prompt, safe and long term return to work of an injured worker. It attempts to include the treatment of your injury, rehabilitation back to work, retraining into a new skill or new job and liaison with your employer.

Everyone involved in your claim is required to cooperate and participate in injury management including the insurance company, employer, yourself and your treating doctor. Both you and your employer have responsibilities and rights in relation to injury management. Find out more by reading our complete guide to injury management.

Looking for more Information?

At BPC Lawyers, you get the partner guarantee.This means that your case will be personally managed by a senior partner of the firm who is an Accredited Specialist in personal injury law. Read our Frequently Asked Questions page for more information or go to our Practice Area page to see what areas of Compensation Claims we work in.