How To Lodge A Workers Compensation Claim

2024-03-13T17:17:09+10:0015/05/2023|Tips & Tricks, Workers Rights|

How To Lodge A Workers Compensation Claim

No one enjoys being off work. The stress that can arise from not being able to put food on the table and pay the bills is enough to upset anyone. If you have been injured at work, or on your travels to or from work, you are most likely due for compensation to assist with medical bills and loss of income. 

Steps To Lodging A Claim

In Queensland, there are steps you will need to follow to lodge your claim with WorkCover. Ensuring you follow these steps will mean you will get the financial assistance you are entitled to in a timely manner.

  1. Notify your employer of your injury as soon as possible after it occurs. There is a six-month time limit that applies, however, this can be waived for certain situations
  2. Prioritise your medical care, ask your doctor to complete a Work Capacity Certificate which can be found here
  3. Provide a copy of the Work Capacity Certificate to your employer
  4. Lodge your claim with WorkCover either online or via fax or post. If the claim is for a fatal accident or if urgent treatment is required, a claim can be lodged by phone on [1300 362 128].
 Find out more by accessing the Work Safe website here
  5. Notify WorkCover as soon as possible if your situation changes

Don’t hesitate to contact us if you have any questions along the way. You are not required to make any statements to WorkCover and such statements have been known to hinder the claims process. The sooner you engage professional legal advice, the sooner we can assist in ensuring your claim is properly lodged. 

Some Simple Facts

It’s important to gain legal advice as soon as practicable after suffering a workplace injury. You may be entitled to extra compensation under WorkCover or perhaps eligible to claim loss of income or disablement benefits under your superannuation insurance scheme. Many people are concerned that lodging an injury claim may affect their reputation at work, or feel responsible for their employer’s financial situation. Rest assured, under Queensland law your employer is insured under WorkCover. This is a no-fault insurance scheme which means blame is not placed on any party for the injury. It simply states that an injury has occurred and a claim has been lodged. Similarly, an employer cannot discriminate or punish employees for making an injury claim. Your employer should understand that taking time to heal and rest will allow you to recover and return to work permanently and in optimal condition. 

We Are Here For You

We will ensure your claim is handled professionally and that you get back to work when you are medically sound to do so. Contact the experts at Revolution Law on [07 3416 4999] at any stage, we are here to help with our revolutionary approach to workers compensation claims.

What to Do Once Your Workers’ Compensation Claims Ends

2024-02-05T09:07:29+10:0015/05/2023|Injury, Workers Rights|

What to Do Once Your Workers’ Compensation Claims Ends

Workers in Australia are protected by a special form of insurance known as Workers’ Compensation. In QLD, Workers’ Compensation is handled by a state government entity called WorkCover Queensland. If you become injured at work, you may be entitled to claim Workers’ Compensation through WorkCover. 

Claims entitle you to the payment of wages while you are unfit for work, as well as any medical or rehabilitation expenses you incur.

Being unable to return to work when your compensation claim ends can be a significant hurdle, especially in cases where your injury is severe. For those times, it is essential to understand your rights and what you need to do next.

Contact Centrelink

If you reach the end of your Workers’ Compensation claim and you are still unable to return to work, contact Centrelink as soon as possible. 

Centrelink offers two primary forms of support:

  • JobSeeker Payment. Introduced in 2020 as a replacement for the old Newstart Allowance, JobSeeker is available as financial help for people between 22 and Age Pension age, which is currently 66 years and 6 months in Australia. If you are injured and unable to do your normal work you may be entitled to JobSeeker under certain rules. You will need to supply a medical certificate when applying for JobSeeker following an injury.
  • Disability Support Pension. For people with permanent physical disabilities that stop you from working, the Disability Support Pension (DSP) may be available. You will need to meet certain age and residency requirements, and your injury will need to be fully diagnosed and severe enough to stop you from working at least 15 hours a week during the next 2 years.

Assess Your Financial Situation

Being unable to return to work will often result in severe financial hardship. In that case, you may be able to draw on your superannuation. Your super fund handles early access to superannuation, and you will need to apply with them to access your money. You will only be eligible for early access to your super if you meet both of these conditions:

  • You have received eligible income support payments from the government for 26 continuous weeks, and;
  • You are unable to meet reasonable and immediate family living expenses.

Due to financial hardship, you can access between $1,000 and $10,000 of your superannuation. However, you may only make one withdrawal from your superannuation in any 12-month period.

Some mortgages and other loan agreements also include disability insurance. These insurances make sure your loans are repaid if you become unable to do so due to injury. Carefully review any loan paperwork and speak to your lenders about whether you are covered.

Look for New Work

If you cannot return to your old work, you may still be able to perform a new job. A return-to-work program may be included in any rehabilitation you undertake as part of your Workers’ Compensation claim; however, keep in mind that in Queensland, WorkCover does not need to find you alternate work. 

Workers’ Compensation is only required to pay your wage and fund any medical care or rehabilitation. Therefore, payments can end as soon as your injuries are stable, whether or not you can return to your previous job. If your compensation claim is ending and you are unable to return to normal work, then you need to begin looking for alternative careers.

The Revolution Law Team can Handle Your Workers’ Compensation Claim

If you have been injured at work, it is important to look after your future by investigating your Workers’ Compensation entitlements. We are not just talking about the latest Self-Care trends. Your Revolution Lawyer can tell you that in some cases, you can receive compensation and make a Common Law Damages claim against your employer. However, this process can be complicated, and there are time limits on making your claim, so you should seek legal advice as soon as possible. Your local Revolution Law team can provide all the advice and support you need to handle your Workers’ Compensation claim and ensure you receive the full benefits you are entitled to. Pop into your local Revolution Law Office for a chat with our team to find out what they can do for you. 

What To Do in a Road Rage Incident

2024-02-05T09:07:30+10:0015/05/2023|General, Injury, Motor Vehicle|

What To Do in a Road Rage Incident

Australians spend a lot of time on the road, and that means most of us are no strangers to road rage incidents. A survey from Budget Direct found that 45% of the population admitted to showing signs of road rage occasionally, and that a staggering 72% of respondents had been the victim of road rage incidents. Being involved with an aggressive driver can be a frightening experience. Most of us are lucky to get away with a few rude words, but situations can quickly escalate to personal and property damage. To avoid that outcome, it is important for every driver on Brisbane’s roads to know what to do in a road rage incident.

How to Handle Road Rage Incidents

The best way to handle road rage is to avoid the situation. If you do find yourself sharing the road with an aggressive driver, you can take the following steps to avoid or defuse the situation:

  • Do not engage the other driver. Avoid making eye contact or being drawn into shouting or gesturing.
  • Stay away from aggressive drivers in traffic. Increase the distance between your car and theirs or choose an alternative route.
  • Allow aggressive drivers to pass you. On multi-lane roads, allow aggressive drivers to pass you without incident. If you are being tailgated then maintain a consistent speed.
  • Stay in your car. If you come to a stop, remain in the vehicle. If the other driver leaves their vehicle then lock your doors immediately.
  • Do not drive straight home. When another driver is following you, drive to a public area or straight to the nearest police station.

Avoiding Aggressive Drivers

The behaviour of other drivers is out of your control in most situations. As such, there is nothing you can do to entirely avoid road rage incidents. To minimise your risk, however, the best tactic is to maintain your position as a good, safe driver and avoid attracting the attention of aggressive drivers. Minimise your risk of confrontation by:

  • Following road rules
  • Maintaining a safe distance from other cars
  • Being mindful not to block lanes, driveways and intersections
  • Using indicators to help other drivers predict your movements
  • Driving in a careful and predictable manner
  • Driving at the speed limit and keeping left on multi-lane roads
  • Allowing other drivers to overtake and merge in traffic
  • Not initiating or returning aggressive gestures and behaviours

Filing a Road Rage Claim

Even if you follow all of the above suggestions, it is still possible that you will be the victim of a road rage incident. Research suggests that as Brisbane’s roads become busier, the frequency of road rage incidents increases. That means many of the drivers who spend time on our roads each day may be targeted by an aggressive driver.

In most cases, these incidents are mild, only involving harsh words. If the situation escalates to physical violence or a collision between vehicles, you may be entitled to file a claim for a road rage incident. Road rage claims generally fall into several categories, depending on your mode of transport:

  • Motor vehicle claims. As with car accidents, if a road rage incident causes damage to your car or the car of another driver, you may be entitled to make a motor vehicle claim. Claiming vehicle damage during a road rage incident can be difficult. Many insurers will not cover the damage caused by the at-fault driver. If your car is damaged in a road rage incident, it is important to seek professional advice as soon as possible to find out if you can make a claim.
  • Personal injury claims. Some road rage incidents can escalate to physical violence or personal harm. It is possible to make personal injury claims to cover your medical expenses, lost income and undue or psychological suffering. As personal injuries sustained in car accidents can significantly worsen over time, you should seek medical attention and professional legal help as soon as possible.
  • Pedestrian and bicycle claims. Pedestrians and cyclists are protected by Australian road rules. Personal injuries and property damage that you sustain as a cyclist or pedestrian may entitle you to make a claim against the at-fault parties during a road rage incident.

Contact Your Revolution Lawyer if You Are the Victim of a Road Rage Incident

If you are injured or your car is damaged during a road rage incident, seek professional advice as soon as possible. Your local Revolution Law team can make sure the incident is properly reported to authorities and insurance companies. We will also assess the incident and assist you to make any personal or motor vehicle claims you are entitled to. Get in touch with us today for a consultation and more information on making road rage compensation claims.

Brisbane’s Car Crash Hotspots

2024-02-05T09:07:31+10:0015/05/2023|General, Motor Vehicle|

Brisbane’s Car Crash Hotspots

Australia is a large country, and cars are a fact of life for anyone that needs to get around. Whether it be the School Drop off or the dash to the office, Brisbane’s traffic is notorious for long stretches of gridlock and impossible peak hour commutes. Our workers are now ranked second in the country for the longest mean commute time, with the average person travelling about 66 minutes per day to and from work. All that time spent behind the wheel has a toll, though, with Queensland racking up large numbers of vehicle accidents each year. In 2021 Queensland roads claimed 274 lives, many of those incidents occurring in and around Brisbane’s worst car crash hotspots.

Brisbane’s Top 10 Crash Hotspots

After spending 2020 working from home or in isolation, 2021 saw Brisbane’s busiest roads spring into action. Many of the roads that made the list are frequently recognised among Brisbane’s worst for car accidents:

  • Bruce Highway, Caboolture

The Bruce Highway at Caboolture has climbed the ranks to become Brisbane’s worst crash hotspot in 2021. The Bruce Highway is sometimes referred to as “The Highway of Shame” due to a large number of accidents on this major transport corridor.

  • Gympie road, Chermside

Notorious for its terrible peak hour conditions, Gympie Road at Chermside has dropped to 2nd place after spending three years as Brisbane’s worst crash hotspot.

  • Morayfield Road, Morayfield

A feeder for the Bruce Highway, Morayfield Road at Morayfield is a bustling commercial stretch and a major arterial road that sees heavy traffic at all times of the day.

  • Ipswich Road, Annerley

Anyone who has travelled through Annerley understands the pain of traffic congestion. Not just limited to peak hour commutes, Ipswich Road at Annerley is a major thoroughfare that carries thousands of cars, motorbikes and trucks each day.

  • Logan Road, Mount Gravatt

Home to the popular Westfield Garden City, Logan Road plays a major role in joining the M1 and M3 motorways to inner Brisbane. The intersection between Logan Road and Creek Road is a particular hotspot, but the busy stretch demands caution wherever you are.

  • Gympie Road, Aspley

Gympie Road claims two spots on this list, with the Aspley stretch acting as the main arterial road that delivers traffic to inner Brisbane from some of the city’s most populous suburbs.

  • Browns Plains Road, Browns Plains

A long stretch connecting Brisbane’s south with Logan, Browns Plains Road moves quickly and carries large amounts of car and truck traffic to Logan’s suburbs and industrial areas.

  • Sandgate Road, Clayfield

Its proximity to the city, northern suburbs and significant parts of Brisbane’s transport infrastructure make Sandgate Road a repeat appearance on this list of crash hotspots.

  • Logan Road, Eight Mile Plains

Mixed residential and industrial, the Eight Mile Plains stretch of Logan Road carries trucks and cars to and from the busy Gateway Motorway and some of South Brisbane’s most popular destinations, including Sunnybank and Garden City.

  • Waterworks Road, Ashgrove

The main arterial road feeding traffic from several large suburbs towards inner Brisbane, Waterworks Road retains its spot as one of Brisbane’s crash hotspots, particularly around the busy intersection with Ashgrove Road.

Common Causes of Car Accidents

Most of the accidents on our roads are just that: an accident. Small moments of inattention can be all it takes to find yourself involved in a collision. The National Road Safety Partnership Program claims that 90% of all crashes are due to those minor mistakes. Small mistakes can take many forms, but Australia’s most common causes of car accidents are:

  • Fatigue
  • Speeding
  • Distraction (including mobile phone use)
  • Alcohol and drugs

That means most traffic accidents can be avoided simply by following the road rules. Stay off your phone, drive to the conditions and be sure to pull over and rest when you are tired, and the chance of being involved in an accident drops sharply.

Revolution Law is Brisbane’s Motor Vehicle Accident Expert

Every year Brisbane seems to grow busier, and the congestion only increases the risk of car accidents for us all. So if you are in a car accident, whether it happens in a crash hotspot or not, your Revolution Lawyer and the rest of the Team are ready to support you.

It is essential to report your accident correctly and with the proper parties to avoid any unnecessary problems down the track.

We aim for each client’s claims to be received efficiently, effectively and managed with care and clear communication. We will ensure the details are recorded correctly for insurance and liability purposes.

Feel free to chat with your local Revolution Lawyer if you have been in a motor vehicle accident or simply want more information on our services.

Do Insurance Companies Discriminate on Car Insurance Policies? 

2024-02-05T09:07:32+10:0015/05/2023|General, Motor Vehicle|

Do Insurance Companies Discriminate on Car Insurance Policies? 

Insurance companies rely on factors such as age, gender, type of car and living location when determining how much a policy owner will pay in premiums. In 2021, a year where people have been more vocal and impassioned about their rights, it feels strange that such discrimination goes on without protest. Insurance companies are protected because anti-discrimination legislation has an exemption for insurers if they satisfy that their discrimination is based on statistical data which is reasonable. 

So Why Are Men Paying More for Insurance?  

Statistics do not paint a pretty picture for male drivers. Men are nearly twice as likely to be hospitalized after a car accident and nearly three times as likely to die in car accident. In both fatal and non-fatal car crashes, men are statistically a higher risk and consequently they pay for this risk in their premiums.  

https://www.bitre.gov.au/statistics/safety

Are women better drivers? 

In short, no. The statistics of traffic injuries and deaths because of traffic accidents don’t reflect the levels of competence and driving skills between male and female rather it is associated with patterns of high risk behavior when driving. 

Data consistently show that men are more likely than women to be driving or walking on the road under the influence of alcohol.

Studies in risky driving behaviour have shown men are more likely to speed, pass cars in no passing zones and taking driving risks for fun. 

There is also evidence that shows that men tend to be more aggressive than women. When driving men can display a more competitive and hostile behaviour which leads to increased probability of an accident. 

Let’s Change the Statistics 

Awareness and driver education is key.  There are some very powerful norms about risk taking behind the wheel and manhood and this consequently has shaped poor driving behaviour.

http://www.sirc.org/publik/driving.pdf  The Social Issues Research Centre 2004)   

https://www.alrc.gov.au/publication/grey-areas-age-barriers-to-work-in-commonwealth-laws-dp-78/4-insurance/anti-discrimination-legislation-and-the-insurance-exemption/

https://www.bitre.gov.au/statistics/safety

WHO Department of Gender and Women’s Health, Gender and Road Traffic Injuries

https://www.mengage.org.au/images/Road_Traffic_a85576.pdf

Tips for a Safer Workplace

2024-02-05T09:07:33+10:0015/05/2023|General, Tips & Tricks, Uncategorized, Workers Rights|

Tips for a Safer Workplace

World Day for Safety & Health at Work: Tips for a Safer Workplace

On the 28th of April 2022, Australia will once again mark World Day for Safety and Health at Work and Workers’ Memorial Day. A day  to reflect on the injuries, fatalities and harm that people are exposed to at work and to remember those who have died in the workplace. While much has been done to improve workplace safety in recent years, injuries are still common, and fatalities remain a tragic reality in our lives. By raising awareness of the importance of workplace safety, the day seeks to improve Australian work safety standards and aims to support World Day for Safety and Health by providing important safety tips for those working in risky or dangerous environments.

The Importance of Workplace Safety

Queensland’s Work Health and Safety Act 2011 charges business owners and employers with providing a safe and healthy work environment for their employees, customers and other parties on site. As far as reasonably possible, employers must provide things such as safety instruction, protective equipment and workplace training to protect employees.

The welcome news is that WHS standards have seen a steady decline in workplace fatalities over the past decade. However, there is more work to do, with 194 Australians suffering fatal incidents and 28,732 people reporting serious workplace injuries during 2020. Every injury or fatality that occurs in the workplace puts a strain on the people and families involved. Medical expenses, rehabilitation costs, lost wages and the loss of the ability to work are a significant hurdle that can often be difficult to overcome, even with workers’ compensation claims.

Tips for Staying Safe at Work

While it is nominally the employer’s responsibility to maintain a safe work environment, employees should take an active role in their health and wellbeing:

  1. Request training. Avoid the risk of using unfamiliar or dangerous equipment without training. If none has been provided, make a point of seeking formal training for new processes.
  2. Use machinery, equipment and tools correctly. Proper use of equipment drastically reduces your chance of being injured at work. While it may be tempting to take shortcuts, overconfidence can cause injury just as easily as a lack of training.
  3. Wear protective equipment. Some workplaces, such as hospitals and machinery shops, are required to supply protective equipment to employees. Be sure to wearpersonal protective equipment where needed. Remember, the health effects of things like loud environments may only become apparent years later, so it is crucial to look after yourself in the short term.
  4. Maintain your equipment. Tools and equipment should be kept in reasonablecondition to reduce the risk of accidental failures. Maintenance items as simple as frayed power cords can cause fatal injuries, so stay on top of regular equipment maintenance.
  5. Be aware of your surroundings. A large proportion of workplace injuries are caused by simple carelessness. Always bee mindful of your surroundings and other employees to avoid injuring yourself or someone else.
  6. Find out who is in charge of workplace safety. Most workplaces will nominate a single person or a team to oversee safety issues. Be sure you know who these people are in your business so that you can seek them out if you are experiencing an problem.
  7. Report safety concerns. Employees deal with their tools and equipment daily. That often means they have firsthand knowledge of things like unsafe practices, failing machinery and maintenance concerns. If you notice a problem in your workplace, report it immediately and follow up to be sure it is addressed promptly.

Have You Been Injured While at Work? Contact Your Revolution Lawyer Today

Unfortunately, while visa holders are entitled to the same workplace rights as other employees in Australia, some employers may still attempt to take advantage of foreign workers. In addition to

Each day, people all over Brisbane clock in at work to perform potentially dangerous tasks that keep our city running smoothly. While many workplaces are aware of the risk to their employees and take measures to ensure their safety, workplace injuries and workplace accidents are still common.In Queensland, Worker’s Compensation protects employees should they become injured while at work. If you suffer an injury, you may be entitled to seek compensation to cover medical expenses, lost wages and undue suffering. When dealing with a workplace injury, it is essential to seek professional legal and medical advice as soon as possible. Your local Revolution Law team can assess your situation, assist you with making a claim and ensure you have access to the experts you need. Our process focuses on being supportive and resolving your claim as quickly as possible, getting you back to work sooner. Have a claim? Speak to your local Revolution Lawyer for a free consultation regarding your Worker’s Compensation claims.

Worker’s Rights for Those on a Working Visa

2024-02-05T09:07:34+10:0015/05/2023|General, Uncategorized, Workers Rights|

Worker’s Rights for Those on a Working Visa

Australia is a large country, and most of us rely on our cars to get where we need to go. Having a Despite restrictions on travel due to COVID-19 over the past few years, Australia still has more than 1.6 million people in the country on temporary and permanent visas. Some of those people are simply here to visit and travel, but many will stay longer to study, work and spend time in our beautiful country. Australia maintains friendly relationships with countries all over the world, offering easy access to travel and working visas for those looking to visit our shores. Coming to Australia on a working visa allows you to find employment during your stay. But, are you entitled to the same rights and protections as other employees in the country? In this blog we will explore working visas and the rights they grant to travellers.

Which Australian Visas Grant the Right to Work?

Australia is a nation built on tourism and migration. A large proportion of our working population are in the country on working visas. In fact, there are more than 120 different kinds of Australian visa, many of which offer the right to work. The most common types of working visa include:

  • Student and Graduate Visas. Student and graduate visas allow international students some right to work during their stay in Australia. There are usually restrictions placed on the amount of hours the student can work and whether or not they must remain enrolled in education.
  • Working Holiday Visas. Plenty of Australia’s tourists come with the intention of working as they travel. Working holiday visas allow people to stay in Australia for 12 months and perform short-term work to fund their travel. Working holiday makers can only work for each employer for 6 months.
  • Skilled Occupation Visas. There are several classes of skilled occupation visas that allow skilled workers to work in the country. Travellers who work in a Skilled Occupation can apply for a visa that entitles them to stay and work in Australia permanently.
  • New Zealand Visas. Australia and New Zealand have always held a close political relationship. New Zealand residents normally do not need to apply for a visa when entering Australia. Instead, NZ citizens with a valid passport are issued a temporary visa that allows them to work and study. The visa ceases automatically when you leave Australia.

Rights of Australian Working Visa Holders

Australia’s workplace laws apply equally to everyone who is employed in the country. That includes both natural citizens and foreign workers who are here on a working visa. While the visa you hold can restrict the type and hours of work you may perform, visa holders are protected by the National Employment Standards (NES) and Commonwealth workplace laws.

Visa holders are entitled to:

  • At least the minimum wage (currently $20.33)
  • Payslips, superannuation and the payment of tax
  • Safe working conditions
  • Limits on the maximum hours they can work per week
  • Annual, personal and compassionate leave
  • Public holidays
  • Termination notice and redundancy pay
  • The right for some casual employees to become permanent employees

In Australia, the minimum rights and conditions of work are set out in documents called awards. Most industries receive their own award agreement. To find out more about your rights, ask your employer which award applies to you.

Exploitation of Visa Holders

Unfortunately, while visa holders are entitled to the same workplace rights as other employees in Australia, some employers may still attempt to take advantage of foreign workers. In addition to minimum employment entitlements, it is also illegal for employers to circumvent requirements by classifying their employees as independent contractors. Other common exploitation tactics include underpaying employees, failing to pay tax or superannuation, unlawful deductions from wages and threats to cancel your visa. Your employer has no power to cancel visas of any type. Only the Department of Home Affairs may issue, refuse or cancel a working visa.

Visa holders working in Australia should seek help from the Fair Work Ombudsman if they are experiencing exploitation. If exploitative or unfair workplace treatment has resulted in you being injured at work, you may also be entitled to make a worker’s compensation claim against your employer.

Have You Been Injured at Work? Contact Your Revolution Lawyer Today

Australia’s workplaces are built on the legal rights that underpin all work in the country. Working visa holders are entitled to all the same rights and protections as other Australian employees. If you have been exploited by your employer and it has led to an injury, you can file a claim and pursue compensation for any suffering and expenses you encounter. Speak to your local Revolution Law team today. Our experienced compensation Lawyers can ensure your situation is properly documented and help file any claims you are entitled to make. Contact us online and let us help you get back to work sooner.

ASK ABOUT YOUR CLAIM TODAY

We offer a free meeting with one of our compensation lawyers on a no-obligation basis. We are confident in our expertise, client rapport, operating policy, and ability to get great results.

call

(07) 3416 4999

email

info@revolutionlaw.com.au

closest office

SPRINGWOOD  |  SLACKS CREEK  |  COOMERA

socials

ASK ABOUT YOUR CLAIM TODAY

We offer a free meeting with one of our compensation lawyers on a no-obligation basis. We are confident in our expertise, client rapport, operating policy, and ability to get great results.

call

(07) 3416 4999

email

info@revolutionlaw.com.au

closest office

SPRINGWOOD  |  SLACKS CREEK  |  COOMERA

socials

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