Separately from your statutory WorkCover entitlements, you may in some circumstances bring a claim against your employer and/or a third party in relation to your injuries. These claims depend on you being able to establish that your injuries were caused by your employer’s or a third party’s negligence. You have 6 years

For an injury to be compensable under WorkCover, you need to show that it arose out of or in the course of your employment. Usually, this requirement does not cause a lot of dispute. A recent case in the Federal Court of Australia however has caused quite a stir, mainly as a

The Transport Accident Commission (TAC) was established by the Transport Accident Act 1986. The Act was set up to compensate injured persons resulting from transport accidents. If you have been injured in a Transport Accident, you must make a claim with the TAC within one year of the accident. However in exceptional circumstances

Here’s an interesting article by Lucille Keen from the Australian Financial Review from 7 August 2013 about Worksafe’s way of playing hard ball with workers in relation to their entitlements. If you have received an adverse decision from Worksafe you should immediately seek legal advice from a specialist.   Compensation

The government looks set to significantly curtail the common law rights of people injured in Transport Accidents by narrowing the criteria for serious injury as The Age reports on 17 October. Rather than delivering “consistency” this move seems to be driven by cost-cutting ( despite high profits ) and seemingly reinforces old stigmas and

I recently wrote about the impending changes to the Transport Accident Act and how these changes will affect road accidents victims’ rights to sue for psychiatric injuries. Here’s another article from The Age of 26 October 2013. It is noteworthy that eminent psychiatrists like Nigel Strauss consider these changes so severe

The debate around the government’s plans to amend the Transport Accident Act is heating up with leading psychiatrists responsible for drafting the current guidelines for evaluating mental harm slamming the proposal for being too harsh and for the total lack of consultation by the government. The government is persisting in

Here is an article by Benjamin Preiss from The Age of 11 September 2016. The Ombudsman has investigated the WorkCover Insurers’ practices and she was less than impressed. WorkSafe system failing ‘particularly vulnerable people’: Ombudsman Insurance agents working for WorkSafe have reaped rewards for unfairly denying payments to injured workers,

You have been injured at work – where to from here ? This post contains a few handy hints regarding the steps you need to take to enable you to obtain the compensation you are entitled to. Notify your employer of your injury. Employers are obliged to keep a register of

Kauthen Legal recently secured bail for a client who had spent two years on remand due to what a County Court judge described as the "extraordinary delay" caused by the caronavirus pandemic. The pandemic has meant that jury trials have been suspended until 2021, and with the second infection outbreak