SIRA investigating why workers’ compensation claims are being denied
Australia’s multi-billion dollar workers’ compensation system is receiving fresh criticism from the State Insurance Regulatory Authority as more people come forward confused as to why their injury claims were denied, according to The Sydney Morning Herald.
What you need to know about hernia injury compensation claims
A hernia that causes significant pain to your abdomen for an extended period of time can be a major impairment to your ability to get work done, and can bring a great deal of discomfort into your everyday life. But, does this mean you can make a workers' compensation claim about your hernia, and if […]
Defendant victorious in appeal by employer plaintiff over workers compensation
An application was recently filed by an employer under Supreme Court Act 1970 (NSW), for judicial review of a decision of an Appeal Panel of the Workers Compensation Commission determining an appeal under Workplace Injury Management and Workers Compensation Act. The case The appeal stemmed from an assessment of an approved medical specialist (AMS), who evaluated […]
Ombudsman finds WorkCover used “unethical” practices to deny long-term injury claims
In a report released this week, Victoria’s ombudsman determined the WorkCover system has failed long-term injured workers. After an 18-month investigation, Victorian Ombudsman Deborah Glass reported WorkSafe officials often left injured employees without benefits or compensation in cases where claims were valid. The WorkSafe agents, the report found, often made “unreasonable” and “unethical” decisions regarding claims, […]
Plaintiff awarded $1,394,421 in damages after workplace bullying incidents
The term ‘workplace malpractice‘ covers an extensive range of instances where negligent behaviour occurs in a workplace environment. When a victim can successfully prove that an employer has breached a duty of care to them and thus caused their injuries (whether physical or psychological), they may be eligible for compensation. This was evident in a recent […]
Reinstatement workers compensation claim dismissed
Workers compensation claims can take on numerous forms, such as unfair dismissal, injuries caused in the workplace and discrimination. The subject of such cases can even extend to reinstatement of employment, as the below case demonstrates. History of the proceedings The applicant commenced employment with a well-known Australian airline as a flight attendant on October 16, […]
Compensation claim dismissed after changes to labourer’s whole person impairment
An initial assessment of whole person impairment will not necessarily stand throughout a case, especially if the defendant's medicolegal checks challenge the plaintiff's certificate. These circumstances can then become very complicated, changing a plaintiff for workers compensation to an appellant before the Supreme Court. This is what happened in a recent case, resulting in the Court […]
How did an employer’s negligence lead to a worker’s death?
Every year there are an average of 27 worker fatalities as a result from falls from heights, according to the latest data from Safe Work Australia. The risks of working at heights are often misunderstood by many employees, as demonstrated in a case recently brought before the NSW District Court. Background of the case A […]
Police officer pursues $1.47m work injury damages claim
A police officer who was exposed to multiple traumatic events during the course of her career has pursued a $1.47 million work injury damages claim against the State of New South Wales. Work injury damages claims are a form of workers compensation whereby the employer's negligence directly causes an employee to become hurt or ill. […]
Workers compensation claimants ‘unhappy with dispute resolution’
Workers compensation helps Australians receive financial support when they are injured or become ill due to an employment-related incident. These payments can prove crucial to many families when their main income stream is unexpectedly stopped. There were 107,355 serious workers compensation claims lodged in 2014-15, according to Safe Work Australia. Serious claims refer to incidents […]
