Legal Compass
Duties and Loyalties of AFL Club Doctors: A Hopeless Conflict of Interest
The legal duty owed by an AFL club doctor to a patient is not lessened by the fact that the person is an elite athlete. In certain circumstances, clubs and the doctors they employ can be held liable for compensation claims related to the medical advice and treatment given to players.
Changing lawyers during a personal injury claim
There has long been talk of a revamp to Victoria’s workers compensation scheme, WorkCover. This has now come to fruition, with changes taking effect form 31 March 2024.
What happens to WorkCover entitlements if I resign from my job?
When a worker suffers a workplace injury, this can often put a strain on their ability to perform their job as they did before the injury. As this strain continues, the injured worker may consider resigning. However, they need to be aware of the affects resigning from their job may have on their WorkCover entitlements.
Case review: WorkCover serious injury certificate granted (Mengot v The Muscle Pot)
In the case of Vedrana Mengot v The Mussel Pot Pty Ltd, the injured worker was awarded a WorkCover serious injury certificate enabling her to pursue lump sum compensation after a workplace injury. Read the case review, including the Court’s considerations, here.
A guide to claiming WorkCover death benefits
In the unfortunate event that a worker dies as a result of an injury or condition at or related to work, a person will be entitled to make a WorkCover death benefit claim for financial support on the grounds that they were wholly or mainly financially dependent on the worker.
Proposed changes for Victorian WorkCover claims in 2024
There are proposed changes to the Victorian WorkCover scheme that we expect to debut in 2024. This blog is aimed at providing a brief outline of the proposed changes for injured workers in receipt of, or claiming worker’s compensation benefits after a workplace accident.
Victorian WorkCover and TAC claims for injuries suffered outside Victoria
When we specifically look at TAC claims after a motor vehicle accident or WorkCover claims after a workplace injury, the benefits and damages you are entitled to depend heavily on the way that you were injured and on where you were injured.
Calculating PIAWE for WorkCover weekly payments
If you’ve had a work-related injury in Victoria, and you’ve lodged a WorkCover claim, you might have heard about PIAWE. Pre-Injury Average Weekly Earnings is a crucial factor in determining how much compensation, in the form of weekly payments for loss of income, you receive while you're recovering.
Arbitration: the alternative dispute process for WorkCover disputes
In 2022, a new process was established to assist in the expeditious resolution of the ever-growing number of WorkCover disputes in Victoria. The new process, Arbitration, was designed to be an easier and faster way for workers to resolve their WorkCover dispute without the need to go to court.
WorkCover serious injury applications
Injured workers who are seriously injured and who prove that negligence of another person caused their injury, will be entitled to WorkCover common law damages.
WorkCover journey claims travelling to and from work
In Victoria, there are compensation schemes available both for people injured in the course of their employment; WorkCover and TAC claims. But who provides the compensation and benefits if you’re injured in a transport accident on your way to or from home and work? We explore journey claims.
When does a WorkCover dispute end up in the Magistrates Court?
Generally, worker’s compensation disputes that end up in the Magistrates Court include any adverse decisions made by the WorkCover insurer in relation to your entitlements to WorkCover weekly payments and medical expenses where there has been a genuine dispute certificate issued.
What is a WorkCover independent medical examination?
An independent medical examination is an appointment with a specialist medical practitioner, organised by the WorkCover insurer, to address some aspects of your worker’s compensation claim or litigation.
Transport accidents while working - is it a WorkCover or TAC claim?
If you’re injured in a transport accident while working, there are some limited circumstances where you may be eligible for WorkCover benefits and a TAC common law claim.
Do I have to talk to the WorkCover investigator?
We explore why worker’s compensation investigators are involved in your WorkCover claim and whether you have any obligation to speak with them.
What happens to my WorkCover entitlements if I go overseas?
We have represented many injured workers in accessing their WorkCover entitlements. Some of the workers we represent are migrants. They often ask whether their WorkCover entitlements will be affected if they leave Australia and return overseas.
WorkCover reasonable medical and like expenses
A guide to WorkCover claims for medical expenses and other expenses for support and recovery, after a workplace injury in Victoria.
Extensions of time to lodge a WorkCover Common Law claim
You generally have 6 years to lodge your WorkCover common law claim but, in some circumstances, the Court can allow an extension of time.
Worker’s compensation claims for Complex Regional Pain Syndrome (CRPS)
We examine worker’s compensation claims for a CRPS injury and a recent Supreme Court judgment that awarded a plaintiff suffering with CRPS over $1.95 million in compensation.
WorkCover conciliation – am I eligible and how does it work?
Conciliation is an informal process in workers compensation and is the first step an injured worker can take to appeal certain decisions of the WorkCover insurer.