Separovic Injury Lawyers Blog

Tony Separovic

Tony Separovic

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Workplace bullying and workers' compensation stress claims.

Posted by Tony Separovic on 15 November 2019 17:02:26 AWST

Instances of workplace bullying have been increasing over time.

Instances of bullying in the workplace have risen dramatically in Australia in recent times. In 2012, in response to mounting community concern, the Australian Government established a parliamentary inquiry into workplace bullying. The findings of the inquiry led to the creation of a specific bullying jurisdiction within the Fair Work Commission. Disturbingly, Safe Work Australia data confirms that workplace injuries related to bullying and harassment have nearly doubled in Australia over the past decade.

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Tags: Work Accidents

What is a workers' compensation conciliation conference at WorkCover?

Posted by Tony Separovic on 07 November 2019 16:25:58 AWST

What is WorkCover?

WorkCover WA regulates West Australia's workers' compensation and injury management scheme. WorkCover's mission is ensure that work related injuries are effectively and efficiently managed so that injured workers are able to make a safe and sustainable return to work. The West Australian workers' compensation system is the largest privately underwritten scheme in Australia and involves insurance being provided by the Insurance Commission of Western Australia, 8 commercial insurers and 24 self-insuring entities.

WorkCover is funded by a levy on the workers’ compensation insurance premiums paid by West Australian employers and levies on approved self-insured employers.

WorkCover plays a number of key roles for the West Australian government. Here, for example WorkCover provides the government with strategic policy direction regarding work injury matters and workers' compensation. It also ensures that employers and service providers comply with the Workers' Compensation and Injury Management Act 1981 (“the Act”). Another important role that WorkCover plays is to provide a independent dispute resolution service for workers, their employers and the employer’s insurer. In the 2017 / 2018 financial year WorkCover was involved in coordinating and convening 2,035 conciliation conferences and 578 arbitrations in regards to disputes between workers' compensation claimants and insurers. 

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Tags: Workers' Compensation

Is retraining available through the workers' compensation system?

Posted by Tony Separovic on 04 November 2019 16:16:00 AWST

Are retraining programs provided as part of a workers' compensation claim?

It is possible for injured workers to access specialised retraining programs during their workers’ compensation claim. In these case the insurer must have admitted liability in the worker’s compensation claim. The injured worker must meet specific eligibility criteria in order to be considered for a retraining program. These programs allow workers who are unable to return to their pre-injury employment to complete particular vocational training or tertiary studies. Retraining programs are accessible only while the workers' compensation claim is live and before it has been settled. Access to specialised retraining programs cannot not be built into any settlement agreement so if the workers' compensation claim is settled the retraining program will cease.
 
The eligibility criteria is strict and the application process is relatively complex. To ensure that you have the best chance of accessing a retraining program during your workers’ compensation claim, we suggest that you obtain legal advice from a specialist personal injury lawyer.

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Tags: Workers' Compensation

Form 36 Notice to Worker About Termination Date for Election.

Posted by Tony Separovic on 11 July 2019 17:06:08 AWST

What is a 'Form 36 Notice to Worker About Termination Date for Election'?

If liability in your workers' compensation claim has been admitted, a Form 36 Notice to Worker About Termination Date For Election should be sent to you by your employer or their insurer. The purpose of the Form 36 Termination Date Notice is to inform you that, if you intend to make a common law damages claim, you must elect to do so prior to the Termination Date. The Form 36 Termination Date Notice is sent approximately 26 weeks before the Termination Date. 

 

A Termination Date sounds scary. What does it really mean?

Put simply, the Termination Date is the date, 12 months from the date on which the injured worker lodged their workers' compensation claim with their employer. Particular importance is placed on the Termination Date as it is the date by which you must elect to pursue a common law claim against your employer.

 

Contrary to common misconceptions the Termination Date is not:

  • the date when injured workers that are receiving workers' compensation are terminated from their employment;
  • the date when injured workers receiving regular workers' compensation payments have their payments cut;
  • the date when a workers' compensation claim is settled or finalised; or
  • the date by which all treatment in regards to a workers' compensation claim must be completed.
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Tags: Work Accidents, Personal Injury Compensation, Workers' Compensation

Injured by a Uber, Ola, taxi or other commercial vehicle?

Posted by Tony Separovic on 26 April 2019 16:24:25 AWST

Growth of commercial vehicles on Western Australian roads.  

Western Australia's coastline stretches for over 12,000 kilometers and Perth's metropolitan area is over 120 kilometers end to end, making it one of the longest cities in the world. Not surprisingly to travel around these area's requires many kilometers of roads and many motor vehicles. The Australian Bureau of Statistics reported that in 2018 Western Australian drivers traveled over 27,401 billion kilometers. 

 

To move people and freight around Perth and Western Australia more and more commercial vehicles are being used. The Australian Bureau of Statistics has confirmed that in the last decade the use of road freight has increased, year on year, in all states across Australia. In recent years, Western Australian's have also enthusiastically embraced ride sharing services like Uber, Ola and Shofer. Traditional taxi's are also still regularly used by many Western Australian's and the Department of Transport has recently introduced the Transport (Road Passenger Services) Act 2018 in an effort to make the on demand transport industry safer, fairer and simpler for consumers to use.          

 

Given that there are increasing numbers of commercial vehicles on Western Australian roads and that these vehicles are travelling comparatively long distances, it is not surprising that problems associated with road congestion and driver fatigue are increasing.  

 

The West Australian Department of Mines, Industry Regulation and Safety's regulations on operating commercial vehicles provide very clear requirements for what lengths of time workers are allowed to drive and how often they must take breaks. Notwithstanding our generally good road and motor vehicle regulations and standards, accidents involving commercial vehicles are commonplace.          

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Tags: Road Accidents

Injured on public transport? Can you claim compensation?

Posted by Tony Separovic on 28 March 2019 10:54:45 AWST

Public transportation in Western Australia. 

Public transportation began in Western Australia in 1831 with a very basic ferry service, however, this service was short lived. In 1836 the first reliable ferry service between Perth and Fremantle was established. On 1 July 2003 the Public Transport Authority Act 2003 was introduced and the Public Transport Authority ("PTA") was formed to manage the delivery of public transport in Western Australia.

  

During the 2017 / 2018 financial year the PTA spent $1.470 billion on delivering metropolitan and regional bus, train, ferry and freight services and regional school bus services. These services were used over 139 million times during the period.    

 

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Tags: Road Accidents

Car crash injury compensation. How is my claim settled?

Posted by Tony Separovic on 21 March 2019 11:55:37 AWST

Motor vehicle injury compensation - how does the system work?

The Insurance Commission of Western Australia ("ICWA") administers the Compulsory Third Party ("CTP") motor vehicle insurance scheme in Western Australia. In 2018 ICWA generated more than $1.5 billion in revenue and earnings and paid $391 million in compensation payments to people injured in motor vehicle accidents.

 When a negligent motor vehicle driver injures another driver, passenger, cyclist or pedestrian the injured person is able to make a claim for personal injury compensation. When ICWA receives an application for compensation it assess the claim and then makes a decision regarding liability. If ICWA accepts liability for the accident and the injuries caused, it indemnifies or takes the place of the negligent driver in legal proceedings that seek compensation for the claimant. Put simply ICWA becomes the defendant in these proceedings and the injured person or plaintiff is then able to sue ICWA for damages under the CTP scheme.           

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Tags: Road Accidents

Motor vehicle injury at work? Can I claim compensation?

Posted by Tony Separovic on 12 March 2019 09:47:34 AWST

Injured in a motor vehicle accident at work? Do you claim workers' compensation or road accident compensation?

This seems like a straight forward question. If you have a motor vehicle accident injury while you are at work most of us would assume that your employer is required to assist and that you would just lodge a workers' compensation claim. Unfortunately it is not always that simple and how you proceed can depend on a number of legal factors such as: your employment contract, whether you are self employed, your relationship with your employer and whether the accident was caused by another road users' negligent driving.

Given this information you need to decide whether you should you make:

  • A workers' compensation claim;
  • A road accident compensation claim against the negligent driver involving the Insurance Commission of Western Australia; or
  • Proceed with both claims?  

 

Before making any decisions regarding how you might claim compensation in these circumstances it is vital that you obtain legal advice from a specialist personal injury lawyer to ensure that you claim for ALL the compensation you are entitled to receive.

 

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Tags: Road Accidents

Catastrophic car accident injury compensation claims.

Posted by Tony Separovic on 26 October 2018 12:29:58 AWST

Catastrophic car accident injury claims in Western Australia.

In August 2011, the Commonwealth Government's Productivity Commission recommended that no-fault compulsory third party vehicle insurance cover be introduced to all States and Territories. Research at the time argued that people catastrophically injured in car accidents secured materially better health outcomes when they were provided with medical treatment and rehabilitation as soon after their car crash as possible. It was thought that by removing the requirement for catastrophically injured claimants to establish that another vehicle driver was at fault would help to reduce legal disputes and allow catastrophically injured road users earlier access to treatment.

 

In early 2014, the Government of Western Australia released a Green Paper which asked motorists whether the motor injury insurance scheme should be expanded to cover catastrophically injured claimants on a no-fault basis. The West Australian community strongly supported the proposal to provide all catastrophically injured road users with lifetime treatment and care.       

 

In 2016, the Motor Vehicle (Catastrophic Injuries) Act 2016 and the Motor Vehicle (Catastrophic Injuries) Regulations 2016 ("the Regulations") were enacted and the West Australian Catastrophic Injuries Support scheme was established.

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Tags: Road Accidents

Car accident compensation - dependency and property claims.

Posted by Tony Separovic on 17 October 2018 15:50:13 AWST

Car accident injury compensation - who can claim?

It is possible to make a road accident compensation claim with the Insurance Commission of Western Australia if: 

  • you were not at fault or only partly at fault for causing a road accident and associated injury; and
  • you were a driver, passenger, pedestrian or cyclist and were injured in the accident; or     
  • if you were financially dependent on a close relative or de-facto fatally injured in a road accident.         

 

Unless you make a dependency claim in relation to a road fatality it is not otherwise possible to make a road accident compensation claim unless you suffered a physical or mental injury.  

 

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Tags: Road Accidents

Welcome to the Separovic Injury Lawyers Blog

We will share interesting, informative and up to date information and resources about personal injury compensation law in Western Australia, covering the following topics:

  • claiming Road Accident Compensation;
  • claiming Workers' Compensation;
  • claiming Work Accident Injury Common Law Damages arising from an unsafe workplace or a negligent act; 
  • claiming Public Liability Compensation;
  • claiming Criminal Injury Compensation;
  • developments in personal injury case law; 
  • coping with a personal injury and accessing medical and other services;
  • legislative change and its impact on personal injury compensation; and
  • useful resources to assist you in dealing with doctors, lawyers and the claims process.

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