Our client left school at age 14 with very little education. A lifetime of operating heavy machinery such as dozers and scrappers followed. Having secured work with a large civil contractor, he was sent to a coal mine to assist in the opening up of a new mine in country New South Wales. The work…
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Our client loved to operate cranes. Having left school at age 15, he had spent the whole of his working life around cranes. Initially, he had been a trainee crane driver and eventually, when he reached 18, he was able to secure his crane operator’s ticket. For the next 40 years, our client worked for…
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Questions and Answers What is a work capacity assessment? It is an assessment conducted by the insurer to determine if the injured worker has the capacity to return to their pre-injury employment or some other suitable employment. What is fair notice? Fair notice is the notice given by the insurer to an injured worker…
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When a serious injury occurs at work, it may seem obvious that you are eligible for compensation to cover your out of pocket expenses. But what happens when you brush off a minor injury and it turns into something more complicated over time? Regardless of the severity, it’s important to notify someone at work if…
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Questions and Answers How long does the insurer have to determine a claim for lump sum compensation? The insurer has one month to determine a claim for lump sum compensation if the degree of permanent impairment is fully ascertainable. If the insurer requires additional information the insurer has two months to determine the claim…
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General Questions & Answers What are pre-injury average weekly earnings? Pre-injury average weekly earnings (PIAWE) is a calculation performed by the insurer which determines an injured workers rate of weekly compensation. It is the average of the worker’s earnings with the employer prior to injury for up to a period of 12 months….
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What are my entitlements to weekly compensation during the first entitlement period if I have NO capacity to work? The first entitlement period is the first 13 weeks of weekly compensation. During the first 13 weeks of weekly compensation where a worker has no capacity to work payments will be calculated at 95% of the…
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Have you had an injury while at work but have put off approaching a compensation lawyer for advice as you feel you may be partly responsible for the accident? You’re not alone. Every year, many accidents that could have won compensation have gone without a claim ever being filed. Many Australians don’t feel confident to…
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Weekly Compensation Can the insurer suspend or reduce payments of weekly compensation? The insurer may suspend or reduce payments of weekly compensation if the worker fails to: provide a current certificate of capacity provide relevant documentation such as wage records, medical reports or statutory declarations that have been requested by the insurer attend medical appointments…
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Our client was employed by a company performing traffic control duties. Her company had a contract to undertake roadworks in various parts of New South Wales. On many occasions, our client worked through the night performing her duties. On this particular evening she was performing her traffic control duties on the Hume Highway. Her duties…
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