About Revolution Law

Revolution Law is a team of award-winning personal injury lawyers in Brisbane, also deeply rooted in the Logan and Gold Coast communities. Specialising in compensation claims, our dedicated team is here to navigate life's unexpected turns with you, committed to achieving success together.

Why medication errors happen and what they can do

2022-07-20T09:38:46+10:0020/04/2022|Medical|

Why Medication Errors Happen

Why do medication errors happen and how can you avoid them? These questions are answered below in a breakdown of state laws and general information on a federal level about medication error compensation.

Modern medicine has been a revolution across the world. Improving the health and lifespan of our population gives us all a chance to live longer, happier lives. The medications that some of us take are critical to those health improvements, but they can also cause serious injury if they are administered incorrectly. Australia sees about 230,000 hospitalisations each year due to medication errors. That is not only expensive for our system, it shows that errors are still a common occurrence in modern healthcare. If you or a loved one has suffered from a medication error, we want to look at what you should do to seek compensation.

What is a Medication Error?

Medication errors are the result of patients being given the wrong medication or the incorrect dose of a drug. In some cases, medication errors can also include having a drug administered at the wrong time of day. However they occur, medication errors have the potential to do serious damage to your health, causing issues like:

  • Dangerous overdoses
  • Harmful drug interactions
  • Issues with pregnancies causing harm to unborn babies
  • Issues and injuries resulting from the improper management of chronic illnesses
  • Damage to your body and organs

How do Medication Errors Occur?

While doctors and medical practitioners go to great lengths to ensure their patients receive the proper treatment, mistakes still happen. A 1995 study from Harvard University found that nurses intercepted approximately 86% of all medication errors in hospitals, but they are unable to prevent them entirely. Some of the most common sources of medication errors are:

  • Healthcare providers. Doctors, nurses and pharmacists may all play a role in administering medication. In most cases, errors are detected and prevented. But, due to factors like misdiagnoses, misdosage, dispensing errors and common mistakes, healthcare professionals can be responsible for medication errors.
  • Patients. Patients can often be the cause of their own errors. Where dosage and timing information is communicated poorly, or if there are language and understanding barriers, patients may take the wrong medication or the wrong doses.
  • Pharmacy. Many medications feature similar labelling and designs, increasing the risk of common errors by the dispensing pharmacist. In most cases, pharmacies have checks in place to prevent errors, but issues may still occur.
  • Dosing problems. Children and some adults can be harmed by incorrect doses that are unsuitable for their size or age group.

Preventing Medication Errors

Your doctor and pharmacist will do their best to ensure the medication you receive is safe and appropriate for your condition. But patients should look after their own health too. We should all make an effort to stay on top of our own medications and the medications of loved ones. Be sure that you have all the information you need, including the name of the medication, the prescribed dose, how long you should be taking the medicine and what to do if you miss a dose. Always administer medications exactly as prescribed by the doctor, and be sure to check the box for proper storage instructions.

If you are ever concerned about a prescription, dosage or the side effects you are experiencing, contact your doctor as soon as possible. Medication errors can have serious consequences and you may require immediate attention.

Can I Claim Compensation for a Medication Error?

Yes, in some cases you may have a medical negligence claim for medication errors. To make a claim against your doctor or a healthcare practitioner, you need to show:

  • That your treatment did not meet reasonable Australian standards, and;
  • That your treatment resulted in some physical or psychological harm or injury, and;
  • That the harm you suffered as a direct result of your doctor’s negligence.

In Queensland, there is a 3-year time limit to claim compensation from a doctor. The time limit begins from the date of the medication error, or, in some cases, it may begin from the date the error or its effects were discovered. If you have been affected by a medication error then it is important to seek legal advice as soon as possible.

Have You Suffered From a Medication Error? Contact Your Revolution Lawyer Today

While modern medications are a miracle for many, errors can cause significant physical, psychological and financial harm. If you have been affected by a medication error, it is important to seek legal advice as soon as possible. Claiming compensation for medical negligence can be a complex process. Your local Revolution Lawyer will be able to assess your case and determine whether you are entitled to make a claim against your doctor or healthcare provider. We will do the hard work of making sure you have access to the records and professional testimony you need to pursue your medical negligence claim. Speak to your Revolution Law team today for expert advice on medication errors.

Time limitations on injury compensation claims

2022-07-20T09:40:39+10:0020/04/2022|Injury, Uncategorized|

Time Limitations On Injury Compensation Claims

What are the time limitations on injury compensation claims? and what are you entitled to? This blog answers these questions and supplies you with general information surrounding the injury claim process.

The injuries you suffer can have a dramatic effect on your life. Personal injuries have the potential to impact your family, work and burden you with large medical expenses. The good news is that you may be entitled to make a personal injury claim against the person or organisation responsible for your injury. 

When you make a claim for an injury that occurs at work, in public or while driving, you can seek money to cover the value of your damages. In most cases, this means you can claim compensation for things like medical expenses and lost wages, but in cases of severe injury, you may also be able to claim damages to cover undue psychological suffering. The severity of your injury and the setting where it occurs will have an impact on the claim you can make, especially in the form of time limits.

Workers’ Compensation Claims Time Limits

If you are injured at work, then you may lodge a claim with WorkCover Queensland within 6 months of the injury occurring. Queensland’s Workers’ Compensation system has a ‘no fault’ scheme that means you are entitled to apply for compensation, regardless of who caused your injury. The 6-month time limit may be waived by WorkCover in special circumstances, such as:

  • Where a WorkCover medical tribunal decides that your case involves special circumstances of a medical nature.
  • Where WorkCover is satisfied that your failure to lodge a claim was due to a mistake, your absence from Queensland or for some other reasonable cause.

Public Liability Claims Time Limits

When your injury occurs in a public place and is due to someone else’s negligence, you must lodge and resolve your public liability claim within 3 years of the injury occurring. Despite the name, public liability claims also cover injuries that occur in private places, such as at sporting fields and shopping centres. Public liability claims are often lodged for the typical slips and falls but may also cover more unusual injuries such as food poisoning.

The most common types of public liability claims in Queensland include:

  • Injuries at parks, leisure centres or other public places
  • Injuries at rental properties
  • Injuries on private properties such as shopping centres
  • Injuries at schools and universities

Proving your public liability claim will usually include showing that the owner of a property owed you a duty of care and that they failed to meet an appropriate standard of care.

Motor Vehicle Claims Time Limits

Car accidents are an unfortunate reality of driving on Brisbane’s roads. If you are injured in a car accident, you can claim a personal injury within 3 years of sustaining the injury. Due to the severity of car accidents, it is important to seek legal advice as soon as possible. Minor injuries can worsen significantly over time, and if you miss the 3-year window to lodge your claim, you may not be able to claim any damages at all. Some types of injury also have much shorter limitations placed on them, so speak to your Revolution Lawyer as soon as possible.

What Happens if I Miss the Time Limit on a Claim?

Depending on where and how your injury occurred, you may still be able to make a claim after the nominal time limit has expired. These extensions are usually only granted in exceptional circumstances and are at the full discretion of the court. If you suffer a personal injury at work, in public, while driving your car, or at any other time, it is important you seek legal advice as soon as possible.

Do You Have a Personal Injury Claim? Revolution Law Can Help

Injuries can have a major impact, but lodging a personal injury claim can help you manage the difficulties and keep your life on track. Due to the complex nature of personal injury matters, it is important that you seek legal advice as soon as you can. Any claims you need to make will be subject to a time limit, and courts are not always able to grant extensions if the limit has expired.

Speak to Revolution Law about any work-related or personal injuries, and let our team provide the help and support you need. We will assess your case and determine whether you have a viable claim, and then walk you through the process of correctly recording and lodging your claim. Get in touch with us today and let your Revolution Lawyer help you work towards the best possible outcome for your situation.

When are you too old to drive in Australia?

2023-09-06T09:06:51+10:0020/04/2022|Civil, Uncategorized|

When Are You Too Old to Drive?

Australia is a large country, and most of us rely on our cars to get where we need to go. Having a driver’s licence is key to the independence that many of us enjoy. However, spending time behind the wheel comes with increased risks as we age. The effects of ageing can have a marked impact on your ability to drive safely, which is why each Australian state has introduced laws that govern whether elderly drivers are too old to remain on the road. This blog will address the issues encountered by ageing drivers and the obligations of elderly drivers in each Australian state.

How Ageing Affects Driving

Ageing is a natural part of life. While it can be an inconvenience to give up the independence of driving, older drivers should be mindful of whether their age affects their skill behind the wheel. Many normal changes associated with ageing can impact driving ability, including reduced vision, hearing and flexibility. Additionally, our bodies become more frail and prone to injury. These combined factors lead to the research, which shows that drivers aged 70 and up are overrepresented in road fatalities. Despite making up just 13% of the driving population, people over 70 account for 23% of all road fatalities and 13% of serious injuries. While older drivers understand their limits and are involved in fewer accidents, those crashes are usually of greater severity.

Do Medications Affect Driving?

Although simple ageing can affect driving, some medications are also known to impair driving ability and put road users at risk. Older Australians tend to take more medications because they often have more than one chronic disorder, such as diabetes, high blood pressure or arthritis. Among older adults, 90% regularly take at least 1 prescription drug, 80% take at least 2, and 36% take 5 or more medications.

In most cases, these medications allow older Australians to live longer, more comfortable lives. But, some common medications may also have an adverse effect on driving ability. Drugs that impair driving ability include:

  • Sleeping pills
  • Opioid painkillers
  • Blood pressure and nausea medicines
  • Anti-inflammatories
  • Antidepressants (often used to treat bladder problems or recurring pain)

When is Too Old to Drive?

All Australian states have now introduced different controls to closely encourage older drivers to monitor their health and driving ability. Depending on where you live, the rules vary:

  • In Queensland, drivers aged 75 and over must carry a valid medical certificate that demonstrates their fitness to drive. Certificates are issued by doctors and are valid for 13 months.
  • In New South Wales, drivers aged 75 and over require an annual medical assessment. Drivers aged 85 and over must pass a practical exam every 2 years to keep an unrestricted licence.
  • In Victoria, there is no requirement for senior drivers to undergo a medical assessment. If a driver develops a medical condition, they may need a medical review to continue driving.
  • In the ACT, drivers aged 75 and over need an annual medical assessment.
  • In South Australia, drivers aged 75 and over must fill out annual self-assessment Medical Fitness to Drive forms. Drivers must consult their doctor if they answer yes to any of the questions on the form.
  • In Western Australia, drivers aged 80 and over must undergo an annual medical assessment to renew their licence. If their doctor recommends it, the driver may need to pass a practical driving exam.
  • In Tasmania and Northern Territory, there is no age limit for driving or medical fitness exams. Instead, all drivers are legally obligated to report medical conditions that affect their driving ability.

Have You Been Involved in a Car Accident? Speak to Your Local Revolution Law Team Today

Whether you are a young driver just getting started or an older Australian still enjoying Brisbane’s roads, it is essential to seek professional advice if you are involved in a car accident. If you have been in a collision on our roads, your local Revolution Law lawyer can provide the support and advice you need.

Your lawyer will review the details of the incident and ensure that it is correctly reported to authorities and insurance companies. This will help avoid unnecessary complications down the track, so you can recover, get back on the road sooner and get on with your life!

Revolution Lawyers can also help you lodge and navigate the process of making a motor vehicle claim. Feel free to get in touch with your local Revolution Lawyer at any time for a chat about your claim. Call, email, or the team can come to you.

We went to Court to prove our client was not at fault in a car accident

2022-07-13T13:27:54+10:0012/05/2021|Injury, Motor Vehicle|

We went to Court to prove our client was not at fault in a car accident

Revolution Law’s very first client, Dane, is one of the nicest of guys. Sadly in 2015, Dane was involved in a catastrophic head-on collision with another vehicle while traveling along Bribie Island Road.

His accident is a testament to why we have Compulsory Third Party (CTP) insurance in Australia which protects drivers who are not at fault in an accident. Our role as personal injury lawyers is to ensure the best possible compensation outcome for victims of road accidents. The heartbreaking reality is that victims of tragic car accidents have their lives forever changed through no fault of their own. No amount of money can truly compensate for the pain, the grief, and complete change of life that a victim and their community circle must go through.

Compensation is a monetary value that allows a victim to live life without suffering a financial burden due to a car accident. As with all personal injury claims, Dane’s matter had a mediation conference. In most cases, it is at this conference where the claim settles, and the compensation figure established. However, if mediation is unable to be reached, then a claim commences to Court proceedings.  In Dane’s case, the matter proceeded even further to trial.

Heard at the Supreme Court of Queensland in May 2020 with the purpose of establishing whether the collision occurred because of the negligence of the other driver or whether any failure on the part of Dane caused or contributed to the collision. At this trial, the Court found that the other driver breached the duty of care as a fellow road user, which resulted in the car collision. The collision was found not to be caused or contributed to by any negligence from Dane. A terrific outcome for Dane, but unfortunately it was appealed by the other driver.

This appeal saw this case back to the Supreme Court of Queensland in the Court of Appeal with the hearing held in September 2020. The judge reviewed the extensive evidence and submissions supplied by both parties, and once again, Dane was established not at fault for the accident. The verdict of the earlier judgment was upheld, and the appeal was dismissed. As a result, justice for Dane was achieved, allowing for future monetary compensation to reflect the establishment of liability.

Thankfully, personal injury claims very rarely end up in the Courts. What is essential to take away from this is that having the right Lawyer is crucial in determining whether proceeding to Court will result in the best outcome. If this is a case, you want a lawyer who not only understands your position but has the experience and enthusiasm not to shy away from a fight.

Manton v Harris & Anor [2020] QSC 102 Hearing Date: 5 May 2020, https://archive.sclqld.org.au/qjudgment/2020/QSC20-102.pdf

Harris v Manton & Anor [2020] QCA 241 : Hearing Date: 21 September 2020, https://archive.sclqld.org.au/qjudgment/2020/QCA20-241.pdf

Avoiding Accidents – Defensive Driving Techniques

2022-06-28T18:09:11+10:0028/01/2021|General, Motor Vehicle, Tips & Tricks|

Avoiding Accidents – Defensive Driving Techniques

Car accidents are not only terrifying and expensive but can cost you a lot of pain or even result in death. In Australia, the leading causes of fatal car accidents are drink driving, speeding, fatigue, and driver distractions. It is quite easy to avoid these factors by taking simple precautions like the ones below.

Slow down on the roads

Speed is currently the biggest killer on Australian roads. When you speed it makes it much harder to maintain control of your vehicle, and this is when accidents occur. Every kilometre over the speed limit puts not only you, but others at risk. Ignoring these limits is not only dangerous, but illegal. If you manage to avoid crashing your car you are still at a risk of receiving a hefty fine and losing demerit points. It is not worth risking your life or those of your passengers and other drivers. The easiest way to avoid an accident due to speeding is to not speed in the first place.

Don’t drink and drive

This seems like an obvious one, but unfortunately it does not stop people jumping behind the wheel when intoxicated. Despite strong public health campaigns, drink driving still causes a high number of car accidents and deaths. The easiest way to avoid an accident when drunk is to not get behind the wheel. It is as simple as organising a lift through a sober friend, family member, ride share app, or taxi driver. This also applies if you are the passenger in a car with an intoxicated driver. If you are already in the vehicle then request the driver pulls over and call any of the options mentioned.

Avoid distractions

Looking away from the road, even for two seconds, is extremely dangerous. Getting distracted by your mobile phone is a major contributing factor to a lot of car accidents. If you need to answer your phone or eat or drink then pull across to the side of the road. If accessing your phone is important for your job then consider installing a mobile phone holder on your dashboard. Other distraction factors include passengers inside the vehicle and distractions outside the vehicle. These distractions slow your reaction time, which can lead to riskier driving.

Fatigue 

Driving when fatigued dramatically reduces your reaction time on the road and your judgement. The likelihood of falling asleep at the wheel also significantly increases. If you are feeling tired and it is safe to do so then pull over to the side of the road. There are also designated rest stop areas on major motorways that you can use. The only remedy for fatigue is to simply take a break.

Other risky driving behaviour 

The big four are not the only contributing factors to car accidents. Other risk factors that contribute to accidents include:

  • Not wearing your seat belt – not only is it illegal to not wear one, using your seatbelt can be the choice between life and death in an accident.
  • Not ensuring your vehicle is roadworthy – you should make sure that your tyres and lights are in working condition.
  • Forgetting to use your indicator – failing to indicate can confuse other drivers on the road.
  • Tailgating – not only is it rude, but if the car in front suddenly brakes it leaves no time for you to stop.

Staying safe on the roads is not rocket science. Following these tips can help you avoid hurting not only yourself but loved ones and other drivers on the road. If you have unfortunately found yourself in a car accident then contact Revolution Law for a free case review today.

What To Do When A Car Accident Is Not Your Fault?

2022-06-28T18:11:21+10:0021/01/2021|Motor Vehicle, Tips & Tricks|

What To Do When A Car Accident Is Not Your Fault?

So, you have been unlucky enough to end up in a motor vehicle accident at the fault of the other driver. It is understandable to feel overwhelmed and stressed, but there are some steps that need to be taken to ensure you can seamlessly make a claim, especially if you are uninsured.

To make things easier we have put together a list of our top 10 tips about motor vehicle property damage and who to call when you need help.

Stay at the scene & call an ambulance is necessary

Once an accident occurs you need to stop and stay at the scene of the accident. If you or the other driver/s are injured, then call 000 and request an ambulance to the scene of the accident.

Call the police

Even if you do not think the accident is that serious, it is important to call the Police if any involved parties are injured, if vehicles need to be towed, or if you estimate the damages are in excess of $3000. If they do not attend then you should still report the accident.

Obtain as many details as possible

While you wait for emergency services to show up try to gather as many contact details as possible. Important information includes full names and addresses, registration details, phone numbers, and insurer details. If there are any witnesses also try to obtain a witness statement and contact details from them. Taking photos of the accident from a variety of angles is also important for insurance purposes.

Contact the at fault driver

If the at fault driver is insured and puts in a claim then you can expect to hear from their provider. It is common for providers to request quotes for the damage incurred to your vehicle or other information to help with the claims process. If the at fault driver does not make a claim then you can take steps yourself. Even if you are uninsured you are still able to make a claim for compensation. The first step is to send the driver a Letter of Demand. This letter requests that the individual responds by a specific date and includes quotes that you have obtained from licensed motor vehicle repairers.

Driver refusing to respond?

If the at fault driver refuses to respond to your letter of demand then you can contact their insurance provider.  They will assess the police accident report, witness statements, and any photo or video evidence from the scene. You also have the option to take legal action. The experienced team at Revolution Law can help you with your car accident or property damage claims.

It is better to be prepared for the worst. By following these steps, you should hopefully be less stressed if you unfortunately end up in an accident. If you have any other questions simply get in touch with our friendly team today for an obligation free quote or for a chat.

Lawyer, Solicitor, Barrister, Attorney – What’s the Difference and Which Do I Need?

2022-06-28T18:15:34+10:0016/09/2020|General, Tips & Tricks|

Lawyer, Solicitor, Barrister, Attorney – What’s the Difference and Which Do I Need?

What is the difference between a lawyer, a solicitor, a barrister and an attorney? Which one of these should you call when you need legal help? We understand these terms may seem confusing to the average person, but fear not! In this article, we’ll go over what the difference is and which one you need depending on your situation. We’ll also go over what these titles entail in Australia’s common law system and what duties fall underneath each member of the legal profession.

These terms are often used interchangeably, and their meaning varies from one legal to system to the next. However, they all have distinct meanings in the Australian legal system.

What is a lawyer and when do you need one?

‘Lawyer’ is a broader umbrella term, which can be used to refer to anyone who has been admitted to the legal profession. The term covers solicitors, barristers and legal executives. To be called a lawyer, one needs a bachelor or post-graduate degree in law, as well as a Graduate Diploma in Legal Practice (GDLP), be admitted to the Legal Profession and hold a Practicing Certificate in order to practice as a Lawyer. Lawyers tend to specialise in a specific area of law, such as contract law or property law, although there are some generalist lawyers as well.

What is a solicitor and when do you need one?

A solicitor is someone who has completed a law degree, obtained a practising certificate and been admitted to legal practice. That being the case, most solicitors simply refer to themselves as lawyers.

Solicitors manage day-to-day legal affairs for clients. They are usually the first point of contact when an individual or business needs legal services. For example, they may help with contracts, disputes, business sales or intellectual property issues.

In a criminal case, a solicitor will offer advice and help define the best course of action. They may also draft letters, take care of your initial appointment and gather any court documents or evidence you may need. Solicitors are trained in representing their clients in court and may do so unless a barrister is required. If you wish to have a barrister on your case, you will first need to get a solicitor.

What is a barrister and when do you need one?

A barrister is a type of a lawyer, but not all lawyers are barristers!

Barristers are lawyers whose expertise is advocacy, and they typically only become involved in a legal case when it goes to court. Advocacy stands for representing a client and advocating for their interests in court. Therefore, many advocates you see representing their clients at trial are barristers. To represent a client’s case effectively, a barrister needs to have a strong understanding of court procedures and etiquette.

Generally, barristers are retained with the help of a solicitor. They may meet with you before your court appearance, but will usually not communicate with you directly.

What is an attorney and when do you need one?

The title ‘attorney’ doesn’t have the same meaning in the Australian legal system as it does in the US. In the US, an attorney is a lawyer who has passed a bar examination and can practice law in a specific jurisdiction. In Australia, the term ‘attorney’ or ‘attorney-at-law’ is not commonly used, apart from the case of trademark attorneys. Here, an attorney is a lawyer with further qualifications to deal with intellectual property and patentable technology.

Not sure if a solicitor, barrister or attorney is the best to help you?

If all this seems somewhat confusing, and you’re not sure which of these legal professionals is the best to help you, it may be a good idea to get some advice from a legal expert. At Revolution Law, we offer free over-the-phone advice to get you started on the right path. Call us today for a no-obligation, free legal consultation.

What Are My Rights If I Am Injured Working from Home?

2022-06-28T18:14:28+10:0016/09/2020|General, Injury, Workers Rights|

What Are My Rights If I Am Injured Working from Home?

Covid-19 has seen more and more Australian businesses move to work from home. The sudden spike in remote working has resulted in many changes in how businesses operate. This, of course, has implications on things such as legal responsibilities and insurance coverage. Workers are entitled to compensation if injured at work, but what about injuries at the home office? The new normal may have you asking, “what are my rights if I am injured working from home?”

Employer obligations

The Workplace Health and Safety Act 1995 outlines that employees are still covered when injured while working from home. Employers are required to ensure that you have a safe working environment, even in a work-from-home situation. Queensland businesses should also have a WorkCover accident insurance policy in place.

Getting injured while working from home

According to WorkCover law, workers are entitled to compensation if they suffer an injury “arising out of or in the course of any employment”. However, the line between “course of employment” and free time can seem blurred when working from home.

During the Covid-19 pandemic, many workers have had to work outside their usual hours as they try to balance home-schooling and childcare duties. This is why work from home injury claims will need to be considered on a case-by-case basis to determine whether the injury happened while working. For example, was the employee still logged into workplace systems and software when the injury occurred?

While working from home, the employee also has a duty of care in terms of their own workplace health and safety. It’s the responsibility of the employee to maintain a safe environment. This could include things such as…

  • Installing fire alarms
  • Restraining animals
  • Maintaining electrical equipment
  • Repairing broken steps

Case Study: Hargreaves vs. Telstra Corporation Ltd

A famous Australian example of injury compensation while working from home is the Hargreaves vs. Telstra case. Telstra employee Dale Hargreaves slipped down the stairs twice in her home while working remotely for Telstra.

When she took legal action against Telstra, the company denied liability, as the accidents occurred away from her workstation and outside typical office hours.

However, the tribunal ruled that the injury “arose out of Ms Hargreaves’ employment with Telstra”, hence making it a workplace injury.

The first fall occurred when Hargreaves left her desk to retrieve cough medicine from the fridge.  It was deemed a workplace accident, as Ms Hargreaves regularly worked late, and the break was a necessary one to ease her coughing.

The second fall occurred when she was locking her front door, as per Telstra’s instructions, after a break-in at her home. This fall was also deemed a workplace accident, as Ms Hargreaves was following a reasonable direction from her employer. Hence, the injury fell within the scope of her employment.

What about contractors and freelancers?

In Australia, contractors and freelancers are not automatically covered by their employer’s workers’ compensation policy. We recommend contractors and freelancers take out their own insurance policies to ensure they are covered in case of injury.

What to do if you get injured while working at home

If you have been injured while working from home, it’s essential to follow the usual procedures. This includes visiting a doctor to get a medical certificate, notifying your employer and lodging a WorkCover claim as soon as you can.

Are you looking for further advice on where you stand in terms of your injury while working from home? Revolution Law can help you with your workers’ compensation claim. We start off by offering free advice over the phone, followed by a coffee meeting where we further discuss your situation and fully disclose our fees. What’s more, if there’s no win, there’s no fee. Contact Revolution Law today.

Doyles Recommended Medical Negligence Lawyer

2022-06-28T17:01:22+10:0030/12/2018|Medical|

Doyles Recommended Medical Negligence Lawyer

Once again Senior Personal Injury Lawyer Olamide Kowalik has been recognised by the Doyles Guide to be a recommended plaintiff-focused ‘Queensland Medical Negligence & Malpractice Compensation Lawyer’. Olamide heads up the medical negligence compensation team at Revolution Law and it is a privilege to have such a competent justice fighter whose legal expertise and abilities has been recognised by the state’s defendant insurance lawyers.

Medical Negligence Claims are notoriously difficult and complicated. Such a claim can be made when a medical provider breaches their duty of care which then consequently causes damage or injury to the patient. This negligence may look like:

  • Failure to diagnose a condition
  • Supplying the wrong medication
  • Dismissing symptoms or overlooking them
  • Not warning about a treatment risk
  • Surgical error

Due to the complexity of these claims and the time limits that restrict when you can make these claims, it is important to get quality legal advice about whether this form of a compensation claim is an available and good option for you.  The amount of money that your claim is worth is based on the seriousness of your injury or disabilities that you have attained because of the medical provider’s negligence. Olamide has extensive experience in assessing claims in their preliminary stages and determining if making a medical negligence claim is in the best interest of her clients or whether the alternative of making a formal complaint to the medical board is more suitable.

Explore your case with Olamide Kowalik today with a free initial phone consultation.  Call Olamide at Revolution Law on 07 3416 4999.

Lump Sum Offer WorkCover Claim. To Accept or Reject.

2022-06-28T17:03:58+10:0013/09/2018|Workers Rights|

Lump Sum Offer WorkCover Claim. To Accept or Reject.

Do not accept your offer until you have spoken to one of our Lawyers

There is no point taking a risk on your future when you can get free legal advice from an expert. We will explain your risks, your options and you entitlement. If it’s in your best interest, we will act. If not then we will let you know. If we further investigate your matter for you, then no matter what happens if you do accept WorkCover’s Lump Sum offer it will always be 100% yours.

Be Careful: Other law firms may take 50% of your Lump Sum Offer.

We thought that clients getting 100% of the WorkCover statutory claim lump sum offer was normal. Turn’s out that other firms charge to investigate claims even if the client doesn’t want to proceed onto a common law claim. We were appalled when a distressed man rung our firm explaining that he was going to lose half of his ump sum offer to a personal injury firm. He didn’t want to proceed with a common law claim, but faced with losing 50% of his lump sum offer he felt rapped. If had been our client we would have investigated his claim for free meaning his lump sum offer would have remained entirely his.

Degree of Permanent Impairment and Your Lump Sum Offer. 

Before you get given your lump sum offer you must have an assessment for you Degree of Permanent Impairment (DPI). Your DPI will range between 0-100. Your DPI will determine you lump sum offer. If you don’t agree with your DPI then you should respond within 20 business days to appeal the assessment however you should contact our lawyers first before doing so. If you decide to ignore the DI to proceed with the Common Law claim when your employer has been negligent which contributed or caused your injury to occur then don’t stress, you can ignore the lump sum offer based on the DPI and come back to offer after the 20 days as the offer will simply defer.

WorkCover and the self insurers often make it appear that if you don’t accept the lump sum offer based on the DPI then it will expire but this is simply not the case!

Using you DPI to Calculate your Lump Sum Offer. 

The maximum statutory compensation for degrees of impairment which are under 30% is $307,385. The lump sum offer for your DPI is calculated by multiplying the maximum statutory compensation by your degree of permanent impairment.

DPI of 1%: $307,385 x 1% = $3,073.85
DPI of 2%: $307,385 x 2% = $6,147.70
DPI of 3%: $307,385 x 3% = $9,221.50
The WorkCover Statutory Process
A flow chat that shows the workcover statutory process

Your Three Options when Finalising Statutory Claim

  1. DPI less then 20% accept lump sum offer and finalise your Claim (You should speak to our Lawyers before accepting)
  2. DPI more than 20% accept lump sum offer and also run a common law claim
  3. DPI less then 20% reject lump sum offer and run a common law claim (although there are appeal options to appeal the DPI, our Lawyers would advise whether this is suitable or whether it is better to proceed straight to the Common Law claim)
Common Law Claim Compensation Result versus Statutory Lump Sum Offer
In short, a common law claims allows you to claim compensation for other heads of damages which are not taken into account with the statutory lump sum offer.Take into consideration the matter of Mills v BHP Coal Pty Ltd (2017) from the Supreme Court of Rockhampton. Frank Mills, the Plaintiff claimed compensation for injuries that he obtained in October 2014 during his employment with the Defendant, BHP.  The injuries occurred when he attempted to open a stuck butterfly valve on a vacuum pump. His injuries included damage to his cervical spine and right rotator cuff.In this matter Frank Mill’s was assessed with a 12% DPI. Should he have finalised his statutory claim by accepting  the lump sum offer he would have received only $36,886.20 for his serious injuries.Instead Frank proceeded with a common law claim and consequently other heads of damages were taken into consideration. This table outlines the heads of damage which saw Frank receive a total of $1,013,131.89 gross in damages.So what are you waiting for? Book your free consultation today via the online form or by calling our office on 07 3416 4999.

Back Injury Workers Compensation

2022-06-28T17:06:30+10:0003/08/2018|Workers Rights|

Back Injury Workers Compensation

A back injury is not only painful it can have drastic impacts on the quality of your life. Such injuries can impact your workplace productivity and future employment capabilities and prospects. Back injuries can include but are not limited to sprains and strains, bulging discs, slipped discs, fractured vertebrae, tailbone injuries and whiplash.

Most commonly back injuries occur at work due to:

  • Insufficient training
  • Improper lifting techniques
  • Lifting of heavy loads
  • Cutting corners due to time constraints
  • Overexertion from lifting, carrying and throwing

If you have obtained a back injury at work and you are seeking compensation then speak to one of our lawyers today for no cost and with no pressure to quickly obtain the legal advice you need in determining whether or not you have a worker’s compensation claim.  Get in touch on 3416 4999, if you want to speak directly to the owner of the firm ask for Ryan.

What to do if you have injured your back at work? 

The initial step is to report your back injury to your immediate supervisor, this may be owner of the business or a manager. 

You may be required to fill out an incident report at work. If your back injury is severe, then medical attention and treatment are your first priority.

For all non-severe injuries, don’t just try and ‘tough it out’ – it is always important to seek a medical opinion to see if there are any options to speed up your recovery. Also, by not reporting your injury to a medical professional, you are essentially hindering any potential work injury claim.

While you are seeking medical advice, make sure you obtain a workers’ compensation medical certificate should you require any time off work to seek treatment or to just recover. WorkCover Queensland will reimburse you for lost wages if you are concerned about taking time off for this reason.

Your next step is to inform your employer and provide them with a copy of the medical certificate. After you have done this, lodge your claim with WorkCover or self-insurer. At this stage, we can sit down for an obligation-free and zero cost meeting at our local Logan office, or we can drive to you whether you live in Brisbane, the Gold Coast, Ipswich or elsewhere in Queensland. The purpose of this meeting will be to provide you with a detailed explanation of the process of a WorkCover claim, the best way to approach your potential work injury claim and explain what your options are going forward.

What is the WorkCover Claim Process?

A flow chat that shows the workcover statutory process

How to lodge a WorkCover Claim?

If you are injured while you are at work, then you are entitled to access benefits from WorkCover Queensland or from your employer’s self-insurer. It is important to lodge your claim as soon as possible with WorkCover Queensland or the self-insurer as to access these benefits, your claim will need to be approved. You can lodge your claim here: https://ols.workcoverqld.com.au/ols/public/claim/lodgement.wc

How can a claim help you in the future?

As outlined below you will have access to immediate benefits during the statutory phase of your WorkCover claim. Once your initial claim has been finalised we can assist you with the second claim which is called the Common law claim.  With this claim, you may be entitled to a lump sum settlement offer to compensate you for future loss of income, pain and suffering, future medical expenses etc.

Immediate Beneits you can receive from WorkCover include:
  • Weekly compensation for lost wages

If you need to take some time off work due to an injury that you have sustained at work, then WorkCover will calculate the amount of weekly compensation you will receive based on the Workers’ Compensation and Rehabilitation Act 2003 and pay it directly into your bank account. The level of compensation that you will receive will depend on many factors but generally speaking, if you have been injured after 2008, then WorkCover QLD may cover up to 85% of your wages for up to 26 weeks before lowering that compensation amount down to either 70% or 75% for an additional 78 weeks.

  • Surgical and hospital expenses

If you have sustained an injury at work and you require non-elective surgery, then WorkCover may cover your hospital costs for up to four days. If it is elective surgery involving a procedure that is determined as appropriate for the injury by a medical specialist, then WorkCover may cover costs, but it is important that WorkCover approves the operation as a course of treatment before undergoing any elective surgeries.

  • Medicines essential for recovery

Should you require pain relief or prescription drugs, then WorkCover will pay for those expenses.

  • Rehabilitation treatment and equipment

You may need to seek rehabilitation treatment such as physiotherapy or buy equipment such as crutches to help support your recovery. Any rehabilitation treatment or equipment you require needs to be reasonable and relevant to your injury. It is important that when attending treatment, you are seeing a registered practitioner otherwise the expense will not be covered. Most of the time WorkCover can be charged directly, however, if you make an out-of-pocket payment then ensure that you keep the receipt so that WorkCover can reimburse you.

  • Travelling expenses for medical treatment, rehabilitation etc

WorkCover may pay for any necessary and reasonable travel expenses that you incur to obtain medical treatment or attend medical appointments.

What are our tips?

  • Document everything. The claims process is 12-18 months and it is likely you will forget helpful evidence and information without documenting it.
  • Visit your Doctor. It is not enough to say you are injured. You need to evidence your injury. Your medical records will be accessed regarding your injury so it is important that you have the independent doctor outlining your injury and assisting you in the recovery process.
  • Access rehabilitation. It will assist in your recovery.
  • Get in touch with us and let us help you.

What can you do to support your recovery?

  • Ice – Applying an ice pack to the sore area of your neck or back can reduce the severity of the pain for some people.
  • Heat – Exposing your back to moist heat via a hot shower or with a moist towel heated in the microwave may give you some pain relief.
  • Massage – If your back is spasming then massaging it can be helpful after you have used heat or ice on your back. Be gentle when applying pressure to your back. ion
  • Physiotherapy – Physiotherapists can determine injury severity, assess joint movement, provide strengthening and stretching exercises and identify limitations and make recommendations for day to day activities.

What is Whiplash?

2022-06-28T17:09:31+10:0025/07/2018|Injury, Motor Vehicle|

What is Whiplash?

What is Whiplash?

Whiplash is a non-medical term used to describe neck pain which has resulted from a soft tissue injury to the neck. It is a common injury that is caused by a traumatic incident such as a rear end car accident, where in the neck is extended beyond its typical range of motion causing an abrupt forward backward movement to the spine. This form of injury can cause significant pain and disability.

Whiplash Symptoms and Diagnosis

Symptoms of whiplash can include neck pain and stiffness, spasms, headaches, shoulder pain and stiffness, jaw pain, ringing in the ear, backpain, dizziness, fatigue and a loss of a range of motion in the neck.

If you suspect you may have whiplash your treating doctor can diagnose clinically by a thorough physical exam.  The evaluation should include the observation of the your ability to move your head to the left and right, backward and forward and side to side. Your doctor will try to detect areas of pain and tension by observing and touching the muscles in your neck, head and upper back and shoulders. Strength, sensation and reflect testing should also be undertaken to detect and confirm any problems.

Soft tissues injuries such as whiplash cannot been seen on X-rays. Further specialised imaging such as CT Scans or an MRI may be recommended to ensure the accurate diagnosis of whiplash. However, they are not generally required as a doctor can usually diagnose with the physical exam.

Whiplash Treatment

If you have been diagnosed with Whiplash, then your Doctor will likely recommend over the counter pain medication. Additionally, you can attempt the following to minimise your pain;

Your Future

If your whiplash injury has an impact on your future, get in touch with one of our TPD lawyers today to see how we can assist with a compensation claim to minimise the impact on your life.

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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