Separovic Injury Lawyers Blog

Employer's cannot avoid paying workers' compensation entitlements.

Posted by Tony Separovic on 20 July 2018 16:02:59 AWST

Employers are required to meet many financial and legislative obligations in order to run a successful business. Prosecution results published by WorkCover WA suggest that employers are increasingly attempting a range of tactics to avoid the responsibilities imposed on them by the Workers' Compensation and Injury Management Act 1981 ("the Act").      

 

Many employees who have been injured or become sick at work are not aware that employers are simply not able to avoid their workers' compensation liabilities and risk significant fines, legal proceedings and conviction if they do.

 

How can we help?

Separovic Injury Lawyers will provide you with clear and easy to understand advice on what workers' compensation entitlements your employer must legally provide to you. If your employer is trying to avoid providing you with workers' compensation entitlements we can assist you in obtaining them.  

 

Workers' compensation - what is it?

If you sustain an injury at work or suffer a work related illness you may be entitled to make a claim for workers' compensation. To make a claim you must be defined as a worker, however, the Act relies on a wide definition of the term 'worker' and includes full-time, part-time, casual and seasonal workers on a wage or salary. Workers' compensation includes payments for financial loss, treatment expenses, medical and rehabilitation expenses and travel and lodging expenses.

 

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Tags: Personal Injury Compensation, Workers' Compensation

Proportionate liability, personal injury claims and the Civil Liability Act 2002 (WA).

Posted by Tony Separovic on 19 July 2018 17:00:34 AWST
Proportionate liability - background

In 1994, concerns regarding the cost of liability insurance coupled with growing perceptions that the law of joint and several liability was not being administered consistently, led the Commonwealth and NSW Attorneys General to commission an inquiry. The inquiry was conducted by Professor Jim Davis and one of its key recommendations was that the joint and several liability of defendants where negligence caused property damage or economic loss be replaced by liability which is proportionate to each defendants degree of fault.

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Tags: Personal Injury Compensation

Will a compensation payment impact my social security benefits?

Posted by Tony Separovic on 10 May 2018 14:56:35 AWST

Unfortunately some of us who suffer a personal injury at work, on the road or in a public place are injured so badly they are not able to return to work. Often these people rely on financial support from social security in order to sustain themselves into the future. Others may have been receiving some form of social security benefit prior to their personal injury occurring.

Many of these people are unaware that making a successful compensation claim and receiving compensation payments can have an impact on their eligibility to claim future social security benefits and can even result in a debt being owed to Centerlink.  

 

How can we help?

Separovic Injury Lawyers will provide you with clear and easy to understand information on how your personal injury claim may impact your eligibility to claim social security benefits in the future and whether benefits that are paid while you are making a claim may need to be repaid. 

 

What is compensation?

The Social Security Act 1991 ("the Act") defines compensation as a payment that is provided in regards to lost earnings or lost capacity to earn resulting from a personal injury being suffered.  

The Department of Human Services notes that compensation can include:

  • a payment of damages;
  • a payment made under a scheme of insurance or compensation under a Commonwealth, state or territory law;
  • a payment (with or without admission of liability) in settlement of a claim for damages or a claim under an insurance scheme;
  • any other compensation or damages payment; or
  • a payment under a sickness or accident policy.
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Tags: Personal Injury Compensation

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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