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The right to refuse a medical examination
A recent decision of the Workers Compensation Division of the Personal Injury Commission determined whether an injured worker had to attend a medical examination arranged by their employer. The worker sustained psychological injury in her employment. The employer accepted liability for her claim while it conducted further investigations that included a request that the worker […]
The Personal Injury Commission
The Personal Injury Commission (“PIC”) was established on 1 March 2021. The PIC was established to hear and determine disputes relating to work injuries and in motor vehicle accidents. The PIC replaces the Workers Compensation Commission that previously heard work injury disputes and the Claims Assessment Resolution Service and Medical Assessment Service that dealt with […]
Don’t dismiss your super
If you are injured and unable to return to work you may be entitled to bring a Total & Permanent Disablement (“TPD”) claim through your superannuation fund. Depending on various factors including the amount of the premiums paid, you may have access to a TPD benefit ranging from the tens to hundreds of thousands of […]
Can I record a conversation?
I am often asked if it is legal to record a conversation without another person’s knowledge or consent. The Surveillance Devices Act 2007 pretty much prohibits the recording of a private conversation to which the person is a party but does permit recording if it is “reasonably necessary for the protection of the lawful interests” […]
Same but different
This month, the New South Wales Court of Appeal overturned a decision of the President of the Worker’s Compensation Commission. Dr James Gardiner commenced working for Laing O’Rourke Australia Construction Pty Ltd in 2011. His employment was terminated in 2018. Immediately following his termination, Dr Gardiner lodged a complaint under the Anti-Discrimination Act 1977 citing […]
Pro Bono Covid 19 Legal Clinic
The Covid 19 virus is causing significant anxiety and fear in many people at the moment. Unfortunately, some of this fear and anxiety is being fuelled by misinformation, or at the least, uncertainty on people’s part about their current situation and what the future holds. For the immediate future I have decided to conduct a […]
COVID-19 impacts in the workplace
I have fielded a lot of calls and enquiries from employers and employees over the last few days relating to leave and other employee entitlements. The Covid 19 virus creates a situation for employers that will necessarily require reductions in staff levels or indeed temporary suspension of trading ie shutting the doors. With this in […]
Toby Tancred discusses the legal aspects of the Office Christmas Party with Neil Gill of Triple M Radio
Radio recording:
A scheme creating more hurt?
The NSW Green Slip motor accident compensation scheme was overhauled in December 2017 at the urging of the Insurance industry. The most recent figures from the State Insurance Regulatory Authority (“SIRA”) report, Green Slip scheme quarterly insights – June quarter 2019, indicates that over 18,000 claims have been lodged under the new scheme. It can […]
The consequences of hard work
A recent decision of the Supreme Court of Gatt v State of New South Wales [2019] NSWSC 451 highlights the need for injured workers to retain expert legal advisors. Mr Gatt commenced employment with the NSW Ambulance Service in 1980. On 1 February 1993 he injured his right shoulder in a helicopter crash during a […]
Work Injuries – what you need to know – Part 7
“But I wasn’t at work when it happened” A work injury can occur outside of the workplace. Some injured workers do not realise this and incorrectly believe they are only entitled to compensation if their injury occurs within their workplace. It is common for work injuries to arise on a journey to or from work. […]
Work Injuries – what you need to know – Part 6
“How will my family cope?” In 2016 there were over 90 reported deaths in the workplace. It is difficult to imagine the impact the death of a family member has on those left behind, particularly when the death occurs at work. It is common for workplace deaths to occur while a worker is driving to […]
Work Injuries – what you need to know – Part 5
“This wasn’t just an accident, my employer was negligent” A work injury is often the result of the negligence of an employer. If there is negligence on the part of your employer, as an injured worker, you can claim Work Injury Damages. Work Injury Damages compensate you as an injured worker for your inability to […]
Work Injuries – what you need to know – Part 4
“Why won’t the insurer pay my claim?” As an injured worker, an insurer will come up with all sorts of reasons not to pay you proper compensation. Regardless of the reason for the dispute, Toby Tancred is able to apply to the Workers Compensation Independent Review Office (WIRO) for funding to have your claim determined […]
Work Injuries – what you need to know – Part 3
“I’m not the same person I was before my injury” As an injured worker, if your work injury has left you with permanent damage you may be entitled to permanent impairment compensation. Permanent damage can be physical and also psychological – and sometimes both. Toby Tancred will apply to the Workers Compensation Independent Review Office […]
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