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Practice Areas
What we do
We provide our clients with high quality personalised service, and are committed to getting the best outcome for our local clients in an efficient and cost effective matter.
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We provide 'no win no fee' representation on selected matters.
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WorkCover Compensation
If you are injured at work you are entitled to claim compensation for the injury sustained. Compensation can include weekly payments, medical and like expenses and potentially a lump sum benefit reflecting any permanent impairment arising from the injury.
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If your injury was caused by unsafe work practices you may be entitled to claim common law damages for pain and suffering and economic loss. You will need to show what is called a “Serious Injury” in order to commence a common law claim.
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We can advise you of your entitlements and assist you with the process of making a claim. If your claim is rejected, we can assist you to have the matter reviewed by the Accident Compensation Conciliation Service and if necessary, issue proceedings in the Magistrates Court.
We can assist you with the process involved in lodging your impairment benefit claim after your injury has stabilised.
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We can provide you with advice regarding whether your injury will be classed as a “serious injury” and whether your injury has occurred in negligent circumstances.
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It is important that you seek advice regarding your injury as soon as you are able. A record of what happened should be obtained while it is fresh in your memory. We can assist you to make sure you are receiving your full entitlements under the WorkCover system from the date of your injury.
Motor Vehicle Injuries (TAC)
If you have been injured in a motor vehicle accident you are entitled to make a claim for compensation to the Transport Accident Commission. This can be done over the phone or may be lodged by the hospital you are admitted to after the accident.
There is an entitlement to loss of earnings or loss of earning capacity benefits (generally 80% of your pre-injury earnings) for up to 3 years. The benefit may continue for longer than 3 years if the injuries equate to a 50% whole person impairment.
You are entitled to medical and like expenses, rehabilitation costs, home help/gardening assistance and other services.
If you have suffered a greater than 10% whole person impairment for all injuries sustained in the accident, you are entitled to a lump sum payment of compensation reflecting the level of impairment.
If the accident was caused by the fault of another driver and you are considered to have suffered a “serious injury”, you can lodge a common law claim for pain and suffering and economic loss damages.
We can assist you with all aspects of your TAC claim. It is important to seek advice as soon as you can to ensure you receive the correct entitlements from the beginning of your claim.
Total and Permanent Disability (TPD)
Most Superannuation Funds include insurance for TPD benefits. If you have suffered an injury that is likely to prevent you from working in the future, you may be entitled to a TPD benefit.
The amount of your TPD benefit is contained in your yearly statement from your Superannuation Fund.
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Your Super fund may also provide Income Protection benefits if you are unable to work during recovery from the injury.
The application process can be complicated and lengthy. We can assist you with your application for a TPD benefit to ensure the application has the best opportunity of success as quickly as possible.
If you have another Superannuation account with a different Fund, you may also have a separate TPD entitlement that can be claimed.
There is generally a waiting period of 6 months before a TPD claim can be made, however it is important that you seek advice on your potential entitlement as early as possible.
Medical Negligence
Claims in Medical Negligence arise when the duty of care owed to a patient by a medical professional is not met.
This is generally when the treatment provided falls below an acceptable standard.
Not every adverse outcome is due to a breach of the duty of care owed.
Significant investigation is required to determine whether a breach of the duty of care has occurred and to determine a link between the breach of duty and the injury sustained.
Compensation can include damages for pain and suffering, financial loss including income, travel and further treatment of the injury.
There are injury thresholds that must be met before pain and suffering damages can be claimed.
Claims must be commenced within 3 years of the injury occurring or within 3 years of becoming aware of the injury.
We can provide you with advice regarding your injury and undertake the investigations necessary to determine whether a claim is viable. You should make an appointment as early as possible after the injury to discuss your potential entitlement.
Public Liability
Public Liability claims occur from injuries sustained as a result of hazards in public and private places.
These can include trips and falls due to defective footpaths, slipping in supermarkets and shopping malls and many other situations.
An Act of Parliament called the Wrongs Act (Vic) 1958 governs these claims and imposes limits on recovery of damages and thresholds for the level of impairment required before a claim can be made.
Damages can include an amount for pain and suffering, loss of earnings and medical expenses.
It is often possible to negotiate a settlement with the insurer of the negligent party without the need to issue court proceedings.
We can provide you with advice and assistance in pursuing a claim. It is important to seek advice as early as possible and to take photographs of the hazard in case the hazard is fixed after the injury occurs.