WorkCover, what are you entitled to?

Ryan Birch2024-02-05T09:07:39+10:0005/04/2023|Tips & Tricks, Workers Rights|

WorkCover, what are you entitled to?

Your employers WorkCover insurance covers medical expenses incurred because of the injury, such as visits to the doctor, surgeries, hospital stays, and prescription medications. The goal of WorkCover is to help you get recover in a timely manner and this made possible as WorkCover will fund a range of rehabilitation therapy such as physiotherapy and occupational therapy. WorkCover may also cover the cost of mental health care if your injury has caused you psychological distress.

WorkCover also provides financial assistance for lost wages. The first week of your compensation will come directly from your employer as this is their insurance excess for your WorkCover claim. WorkCover will calculate what they will compensate you and this will be paid weekly. Typically, you will be paid 85% of your wage for up to 26 weeks of your claim, then from 26 to 103 weeks you will typically be paid 75% of your wage. If you are still unfit for work from 104 weeks onwards, compensation will depend on other factors.

In addition, the insurance may cover the cost of any necessary retraining that you need to return to work. WorkCover also can arrange for a return-to-work services provider to assist you with preparing a resume or finding suitable jobs to apply for. WorkCover may also pay for any necessary medical equipment or modifications to your home or workplace that are required to help you perform your job duties.

Overall, WorkCover insurance provides financial support to help you manage the costs associated with an injury sustained while working. It also provides ongoing financial assistance if you are unable to return to work.

We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.

Car Accident Claims when At Fault Vehicle isn’t Registered

Ryan Birch2024-02-05T09:07:40+10:0003/04/2023|General, Motor Vehicle, Tips & Tricks|

Car Accident Claims when At Fault Vehicle isn’t Registered in Queensland

Across Australia, wither it be the local story-bridge, or driving up the coast, every registered vehicle has Compulsory Third Party (‘CTP’) insurance. This protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.

Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.

If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.

Accident Location Within Queensland.

The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.

The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.

Accident Location Outside of Queensland.

The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.

The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a  comprehensive understanding of the relevant CTP legislation.  

Queensland Compulsory Third Party ( CTP) Scheme Overview

When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.

If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights. 

What does a WorkCover claim look like?

Ryan Birch2024-02-05T09:07:41+10:0029/03/2023|Tips & Tricks, Workers Rights|

What does a WorkCover claim look like?

A WorkCover Claim looks like this;

John was an office worker who had been typing at his computer for hours. He developed a repetitive strain injury in his wrist and was unable to continue working. His friend Greg recommended he speak to a Revolution Lawyer to discuss…. He was able to claim WorkCover Insurance, which enables him to receive medical care and financial support while he recovered.
Sally was a factory worker who was injured in an industrial accident due to unsafe practices. She was burned on her arm by a hot machine and had to be hospitalised for treatment. Her WorkCover Insurance enables her to get the medical care she needed and to receive financial support while she was unable to work. Sally also received a lump sum compensation payout at the finalisation of her common law WorkCover compensation claim.
Mark was a construction worker who fell from a broken ladder while working on a building. He broke his leg and was unable to continue working. He was able to claim WorkCover Insurance, which enables him to get medical care and financial support while he recovered. Mark also received a lump sum compensation payout for his common law WorkCover compensation claim.

*These stories have been created as an example.

WorkCover Claims a Two-Stage Approach.

Stage One: Statutory Claim

A worker can claim WorkCover benefits if injured at work. This stage of the claim is part of a no-fault scheme which means it does not matter if the worker caused their own injury. WorkCover benefits include lost wages, medical and rehabilitation costs and travel costs that are treatment and claim related. WorkCover may arrange for the worker to have a permanent impairment assessment by an independent medical provider to determine what’s referred to as a ‘Total Percentage of Impairment.’ Once the worker has been assessed, they will receive a Notice of Assessment and potentially a lump sum offer payout.

The maximum statutory compensation payout possible is $361,273.00. The lump sum offer is calculated using the worker’s ‘Total Percentage of Impairment.’ If the worker obtained a 1% impairment, they would receive 1 % of $361,273.00 which would be a total lump sum offer of $3612.00.

A worker with a 5% injury would receive a lump sum compensation offer of $18 063.00, and a 15% injury would see a lump sum offer of $ 54,190.00.

If a worker accepts the lump sum offer, they cannot pursue a common law claim for compensation unless their assessed degree of impairment is 20% or more. Obtaining an impairment assessment of 20% or more is a significant injury and not typical for most claims.

It is imperative to seek legal advice before accepting the lump sum offer. At Revolution Law our Lawyers provide a free legal consultation to help you determine whether the WorkCover initial offer should be accepted or rejected.

Stage Two: Common Law Claim

Workers can pursue a common law claim with WorkCover if they are not at fault for their accident. In Sally’s case, there were no safety procedures that she had been advised to follow, making the employer responsible for her injury. Likewise, with James, the broken ladder provided by his employer was not suitable equipment and as such his employer was responsible for the injury that James suffered.

While a statutory claim has a maximum payout of $387,240, a common law claim has no limit for payout. The common law claim works by assessing evidence of each of the heads of damages, including pain and suffering, loss of earnings both past and future, medical expenses, care and assistance, and aids and equipment.

Common law claims are specific to the individual circumstances and injuries of the worker and the supporting evidence. If successful, it is typical for the payout of a common law claim to exceed the statutory claim offer.

Our Lawyers are experienced across an array of WorkCover claims. Take advantage of a free consultation with an experienced WorkCover claim lawyer to determine if a common law claim is right for you. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.

Is WorkCover Insurance worth it?

Ryan Birch2024-02-05T09:07:43+10:0022/03/2023|Tips & Tricks, Workers Rights|

Is WorkCover Insurance worth it?

WorkCover Insurance in Australia is an important form of insurance for businesses and individuals alike. In Australia, WorkCover Insurance provides employers with coverage for any workplace injuries or illnesses that their employees may suffer from. It also includes protection against third-party claims arising from work-related activities and any legal costs associated with defending such claims. But Is It essential?

Yes! This type of insurance is essential because it helps to protect employers from large financial losses in the event of an employee being injured or becoming ill while on the job. From desk jobs to Construction work jobs, Revolution Lawyers have seen a variety of different claims, one thing is certain, it’s life-changing to be prepared.

In Australia, employers must comply with the relevant safety laws and regulations, and insurance helps to provide a financial cushion should an accident or illness occur. This type of insurance also helps to protect employers from potential liability in the event of an employee filing a lawsuit against them.

Another important benefit of WorkCover Insurance in Australia is that it helps to ensure that injured employees receive the necessary medical treatment and financial assistance. In Australia, WorkCover Insurance pays for medical expenses, lost wages, and other benefits. It also helps to cover the costs of rehabilitation and disability, should an employee’s injury or illness prevent them from returning to work. As such, WorkCover Insurance in Australia provides important financial security for injured employees. If you want to know more of the details of what else is covered, speak to your local Revolution Lawyer. We’re happy to sit down with you and explain any of the highly detailed contracts involved.

Finally, WorkCover Insurance in Australia encourages employers to provide a safe working environment to prevent workplace injuries and illnesses. In Australia, employers must take all reasonable steps to ensure the safety of their employees. This includes providing adequate training and protective equipment, as well as conducting regular risk assessments. If you’re unsure if your employer is providing you with the correct insurance or if you’re unsure if there are other benefits you should be receiving, reach out to Revolution Law.

No matter which of our three offices you choose, our team of lawyers are all dedicated to winning our client’s WorkCover insurance claims. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on trac

Queensland Work Accident Lawyer – Revolution Law

Ryan Birch2024-02-05T09:07:44+10:0013/03/2023|General, Injury, Workers Rights|

Queensland Work Accident Lawyer. How can a Revolution Lawyer help?

A Queensland Work Accident Lawyer can provide invaluable assistance for those seeking to access and also navigate WorkCover. WorkCover Queensland is an insurance policy paid for by the employer that provides a safety net for workers who have been injured on the job or are suffering from an illness or disease caused by their work. A Revolution Lawyer can provide assistance in ensuring that workers receive the full benefits that they are entitled to from WorkCover Queensland.

Initially you will make a statutory WorkCover claim which is the first phase of your WorkCover claim. We can provide you with advice on how to lodge your WorkCover claim ensuring that you have all necessary forms and documents are completed. We will also provide advice on what type of benefits and support you can access while accessing WorkCover with the end goal of getting your life and career back on track. . When you receive your notice of impairment percentage, we can provide you legal advice on whether you should accept it or proceed with a Common Law WorkCover claim which is the second phase of a WorkCover claim.

We advise you on how to navigate the WorkCover scheme to ensure you understand what your rights are. When we make a common law claim on your behalf, we obtain extensive amounts of evidence to support our negotiations with WorkCover QLD to ensure you get the best possible outcome. When it comes time to settling with WorkCover we want you feeling confident, knowledgeable, and capable of receiving what is due. With some of the best lawyers in Brisbane’s Personal Injury Claim Space, you are guaranteed to be with an experienced WorkCover lawyer.

One of the best things about having a lawyer there for you throughout your claim is the valuable legal advice on any potential legal issues that could arise during the claims process. We will provide guidance on how to handle disputes, inappropriate employer conduct and ensure that WorkCover has no misunderstandings in regards to how your accident occurred and how it has impacted you

Overall, from start to finish, the Revolution Law team will assist you in making the entire process of filing a claim much smoother and easier. From when you pick up eh phone with our Office Manager, to obtaining your compensation at the end of your journey, we fight hard for your rights. Drop into one of the offices for a chat, or call us anytime to discuss your accident claim. We offer you peace of mind immediately with an informed and knowledgeable no obligation-free chat with our team.

Ryan Birch2024-02-05T09:07:45+10:0027/02/2023|Featured, General, Motor Vehicle|

Car Accident Claims when At-Fault-Vehicle isn’t QLD Registered

Across Australia, every registered vehicle has Compulsory Third Party (‘CTP’) insurance which protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.

Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.

If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.

Accident Location Within Queensland.

The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.

The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.

Accident Location Outside of Queensland.

The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.

The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a comprehensive understanding of the relevant CTP legislation.

Queensland Compulsory Third Party ( CTP) Scheme Overview

When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.

If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights.

Brisbane and Logan E-Scooters

Ryan Birch2024-02-05T09:07:46+10:0017/01/2023|Civil, General|

Brisbane and Logan E-Scooters

Quiet and green with no harmful emission of gases, they are convenient, low maintenance, cost-efficient and environmentally friendly. November 2018 saw Brisbane start her relationship with e-scooters, and within the first seven months, commuters and tourists jumped on board, with over a million trips recorded!

As with all new relationships, there has been some working out how we negotiate this new territory, and to help this, on 1st November 2022, the Queensland Government brought out a new code of rules for Personal Mobility Devices. These include changes to speed limits and increasing fines of up to $1,078 for dangerous offences involving speed, illegal road use and holding a mobile phone while riding. If you break the road rules whioe on your scooter, you will be given the same fines as motorists.

Personal Mobility Devices include e-scooters, e-skateboards and self-balancing single-wheeled devices (like e-unicycles and e-boards). Designed for one person, they weigh no more than 60kg and will have an electric motor and two or more wheels.

Here are some smart guidelines to a injury claim on a scooter;

Keep left and give way to pedestrians and mobility devices (eg wheelchairs)
Travel at the right speed for where you are
Travel at a safe distance from a pedestrian so you can avoid a collision
Do not tailgate
Keep left of oncoming bicycles and other personal mobility devices.
Wear a helmet
Mobile phones can be mounted to the handlebar as a GPS Or speedometer. BUT you are not allowed to have a phone in your hand or tucked into your clothing.
It must have an effective stopping system and a working bell (or warning device)
The rider must be at least 16 years old (12-16 years must be supervised by an adult)
Only one person at a time on the Personal Mobility Device.
Indicate when turning right – by indicators or using your hand
Park responsibly – do not obstruct paths, access areas or park too close to junctions
Do not ride ‘under the influence of alcohol or other substances

How fast can I go?

Footpath & Shared Paths 12km/h
Separated paths & Bike Paths, Bike lanes & Local Streets 25km /h

Whatever the environment, look around for local signage. You may find Personal Mobility Devices to be prohibited, like in your local Shopping Malls.

If you do have an accident while scooting on a hire scooter (either from a scooter or on a scooter) contact the insurance company of the Scooter company (listed below)

Beam Insurance Policy

Neuron Insurance Policy

Helbiz Insurance Policy

If you are in a scooter accident, you may have a TPD claim with your Insurance policy attached to your superannuation. It can all be very confronting, annoying, and even stressful, especially when you should be recovering. If you’d like assistance going through your policies, your Revolution Lawyer specialises in injury claims and can help you check through your superannuation with you.

Contact the Revolution Law Team for options if you are hurt in any mobile accident, car or scooter accident. You can have a FREE no-obligation meeting with one of our Lawyers.

What are the Four Vehicle Insurances in Queensland

Ryan Birch2024-02-05T09:07:47+10:0011/01/2023|Motor Vehicle|

What are the Four Vehicle Insurances in Queensland

“My uninsured car was parked on the street outside my house. I had it up for sale for $16,000. One night a drunk driver smashed into my car. He wrote off my car, and he had no insurance, either. He said he would pay me, but it’s been months, and he still has not given me any money. I needed that $16000”

“My daughter borrowed my uninsured spare car to get to work. She had an accident, and although it was not her fault, the other vehicle had no insurance either. Fortunately, the airbags protected my daughter, and she was not injured, but my car was written off, which is financially costly.”

You might be surprised how many people ring Revolution Law after an accident, looking for help for property damage. Often, they tell us they don’t have insurance, forgot to pay it, forgot the expiry date or chose not to have it. Unfortunately, not having insurance exposes you to hefty financial costs if your car is involved in a car accident.

There are four types of car insurance;

Comprehensive
Third-Party Fire and Theft
Third-Party Property Damage
The mandatory Compulsory Third Party Insurance (CTP).

Compulsory Third Party (CTP) insurance is mandatory as it protects you financially if you have a car accident and injure or kill someone.

Queenslanders can choose between four registered Insurers;

Allianz, QBE, RACQ and Suncorp.

This insurance covers you if you are hurt or injured in a vehicle accident by an at-fault driver.

Suppose you are injured in a “hit and run” accident or by an uninsured driver. In that case, your lawyer will pursue compensation from the Nominal Defendant – the statutory office acting as the CTP insurer for uninsured or unidentified vehicles.

While CTP Insurance protects people injured in a vehicle accident, it doesn’t cover the damage caused to or by your vehicle. To ensure “property” is covered, you will need to add one of the following insurances –

Third-party property damage: covers you if you cause damage to someone’s property (e.g. their car or home).
Third-party fire and theft cover: covers your car if it’s damaged by fire or stolen and includes the cover provided by the third-party property damage insurance.
Comprehensive car insurance: the most extensive (and most expensive) form of cover. This provides cover for damage or theft to your car, as well as to the property of others.

Finding the right insurance is as important as finding the right lawyer. Revolution Law specialises in these types of car accident claims. We can aid you in getting your life back on track and walk you through the process of getting the best results.

If you have had any car, vehicle or mobile accident and have insurance questions, give your local Revolution Lawyer a call and organise a FREE no-obligation meeting to review your crash.

About Ryan Birch

WorkCover, what are you entitled to?

Car Accident Claims when At Fault Vehicle isn’t Registered in Queensland

What does a WorkCover claim look like?

Is WorkCover Insurance worth it?

Queensland Work Accident Lawyer. How can a Revolution Lawyer help?

Car Accident Claims when At-Fault-Vehicle isn’t QLD Registered

Brisbane and Logan E-Scooters

What are the Four Vehicle Insurances in Queensland

ASK ABOUT YOUR CLAIM TODAY

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ASK ABOUT YOUR CLAIM TODAY

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email

closest office

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