Word Is Getting Out About Revolution Law – What A Day

2022-06-28T17:54:40+10:0029/09/2016|Articles, General, Injury|

Word Is Getting Out About Revolution Law – What A Day

We have had some rapid growth in new personal injury clients occurring over the past few months particularly with our referral base where the word about our capped fees on no win, no fee personal injury claims is really getting out.

We’ve seen client enquiries and visitor numbers to our website increasing Gradually each & every month but today we literally saw an explosion in visitors and client enquiries alike.

Whilst we are extremely happy to see our firm excel, we actually find more happiness in being able to help everyday Queenslanders as we love nothing more than to see them from the start of their journey from the difficult times to the better times when we are able to provide some closure and obtain justified compensation but also go one step further to ensure that they always receive the majority of their settlement, rather than losing half.

So we thought we would share you in our success, not just today but our overriding success in helping others with the personal injury claims whether it be a motor vehicle accident to a work injury claim – we are there for you!

A snapshot of our successful day today (and it isn’t even over) with an explosion of Queensland Based Visitors

CTP Due? Are You Wondering What QLD’s Four Biggest Insurers Generate In Insurance Premiums?

2022-06-28T17:57:50+10:0024/08/2016|Articles, General, Tips & Tricks|

CTP Due? Are You Wondering What QLD’s Four Biggest Insurers Generate In Insurance Premiums?

Recently we reviewed the annual results for the 2014- 2015 Motor Accident Insurance Commission’s annual report. We noted that within QLD the four big insurers generate close to $1.5 billion in insurance premiums and from that huge amount, only 750 million is paid out in claims. The total pool of motor vehicle claims in QLD totaled 6,734. An average claim therefore totaled approximately $111,375.

Each claim is different, some worth more than this average and some worth less. When clients ask us what their claim is worth, we are able to give ball park figures based on our experience. However, each claim is unique and this ball park figure can often become distorted by the evidence we discover during the claim process.

So taking that figure of $750 million which is paid out in claims, we have untangled the results to provide a further breakdown from the percentage of the claim payments into the areas of a claim to illustrate the main components of a motor vehicle claim.

Economic Loss (loss of income from work) – 48%

This area is the main focus of any claim therefore there are a lot of categories of clients that are disadvantaged in a claim despite receiving the same injury as another claimant, if they do not prepare their claim in a way that represents the loss suffered, there claim will be significantly reduced.

General Damages (pain and suffering experienced) – 11.2%

There is a real stigma in the community that they should be adequately compensated for the pain and suffering that an injured person received as a result of a motor vehicle accident. Unfortunately the 2010 Government reforms reduced the amounts of compensation that can be awarded for pain and suffering or loss of amenity of life which resulted in this damage being significantly reduced in claims.

 Legal Costs (contribution to legal fees & evidence costs) – 15.6%

This figure is another result of Government reform as the threshold that needs to be reached for an injury claimant to obtain a contribution towards their legal costs continues to increase each year thereby becoming more difficult to obtain. That said, it is still being obtained however without expert in personal injury law, it would be difficult to reach the upper threshold to receive a higher settlement thereby receive the contribution.

Medical/Treatment – 10.5%  

This is a payment to reimburse for medical treatment or rehabilitation or future medical costs.

Care (Medical and Gratuitous Care) – 9.1%  

A lot of people do not know that they are entitled to claim gratuitous and/or paid care that is required due to a motor vehicle accident. Gratuitous care is the care provided to a person without receiving payment and can include domestic care, nursing services and general services that aim to lessen the consequences of the motor vehicle injury.

Other – 5.6%

This can cover other areas such as interest and tax.

Workers Win In Supreme Court Judgement On The Duty Of Care Owed By Employers

2022-06-28T17:59:07+10:0020/04/2016|Articles, General, Workers Rights|

Workers Win In Supreme Court Judgement On The Duty Of Care Owed By Employers

Written by Noah Mortensen

The Supreme Court of Queensland has ruled that employers owe a significant duty of care towards employees for their fatigue from working long night shifts. Despite the accident occurring far from and well after work, the Court found that employers should be providing a high standard of care towards their worker’s education.

Mr. Harold Kerle was severely injured in an accident occurring in a drive home from his working location in October 2008. Almost three hundred kilometres away from his working location and four hours after his shift ended, Kerle had a motor vehicle accident. The accident occurred as he fell asleep and crossed lanes, colliding with an oncoming vehicle. He suffered personal injury from the accident which required compensation amounting to $1,250,000.

Mr. Kerle showed that he was entitled to sue his employers for being negligent through the Workers’ Compensation and Rehabilitation Act 2003, which provides for injuries caused by incidents when travelling between work and home. As the car accident was still part of his travel home from work, it was covered by the Worker’s Compensation and Rehabilitation Act 2003.

The Court then examined the facts Mr. Kerle and his expert advice provided. He had been given three consecutive night shifts lasting over 12 hours each, which interrupted his body’s natural rhythm. He was very fatigued as a result of his work, but was not aware of his tiredness at any point, had been a truck driver for many years, and also had a good driving record. Mr. Kerle was not allowed to refuse the shifts given to him.

Having considered all of these elements, the Court decided that the employers for Mr. Kerle owed him a duty of care, and were responsible for the injuries he suffered as a result of the motor vehicle accident. The Court stated that the employer should have provided much better training about fatigue, and its risks, and should be more responsible when giving out shifts. They could have reduced the risk to their workers by providing a bus service, or a resting period and a place to rest for their workers at the end of the shift.

Mr. Kerle’s injuries were ordered to be compensated by the Court, upholding employer’s responsibility to give their employees proper training and care.

If you have been injured while working or on your way to work, you are entitled to compensation. Contact Revolution Law’s team of professionals to discuss how to make a compensation claim for your workplace injury.

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