Category: Uncategorized

Don’t get caught out with a claims farmer

This practice has been going on for a long time. Even my mother was called after she had a minor bingle in a car park, they harassed her for days trying to get her to make a CTP claim. I have seen dozens of clients who were harassed by claims farmers. Even a close friend who is a personal injury solicitor was harassed by them.

The telemarketers try and convince you to make a CTP claim even if you are not injured in a motor vehicle accident claim.

The clients I see always asked how did they know about the incident? Every incident was unique, not sharing the same insurance company, medical practitioners, tow truck drivers, rental car operators or having the incident reported to the police. I am still not sure how the claim farmers get the information.

The danger is they give misleading information and even illegal and dishonest advice. More than half a dozen clients said they were told how much money they would get, to make up psychological injuries and how much money the lawyers would take.

Don’t take the risk, ring a qualified personal injury lawyer if you have sustained an injury on the road.

Contact us if you want more information as to your rights in a CTP claims.

Even the biggest get caught out: http://www.abc.net.au/news/2018-06-24/lawyers-slater-and-gordon-using-telemarketers-for-new-clients/9898870

Avoid the Lien – Ignore their WIP

What the hell am I talking about here?

This is a very important issue when considering which law firm to represent you for your personal injury claim.

Recently I have heard that a law firm is pushing claims to court, even though they think they will lose, as their WIP is to high, in an attempt to recoup costs. WIP refers to Work in Progress, how much work the law firm has put into the claim so far.

They also have put a lien on property in case the client cannot pay. This is a disgusting practice as ‘No Win No Fee’ does not apply if the claim goes to court for most law firms. Not all ‘No Win No Fee’ law firms are the same.

I have seen over 6500 clients in 15 years an always read the entire T&C’s of every contract the law firm provides, has your lawyer don the same for you? Have you read through the contract in it’s entirety?

Be very careful if the law firm representing you asks to put a lien on your property. Are you at risk of losing it all?

If you want a second opinion on your claim please contact us via email or phone. You can change firms if you are not happy with their services.

Nurses and Aged Care Workers – are you being looked after?

Over the past 15 years I have seen injured people who been employed in all forms of industry and trade. One type of worker however seems to come up more than others – Aged Care Nurses and Nurses in general.

If you are injured at work Know Your Rights – Protect Your Future!

Aged care workers are at a high risk of injury from performing manual handling tasks such as transferring or moving residents. For an example of statistics in 2012, more than three-quarters of aged care facilities reported a work-related injury or illness in the previous three months. The statistics are roughly the same for 2017.

The impact of physically demanding work on the retention of aged care staff, particularly older women, was also highlighted by a recent study conducted by Curtin University. Sprains and strains caused by activities such as lifting, pushing, pulling and bending are by far the greatest contributor to the overall injuries suffered by aged care workers.

Many of these injuries sustained could have been avoided and the injuries sustained may be life long.

If you are injured at your workplace and need advice contact us directly on 0481 229688 or info@www.injurycheck.com.au.

We will be 100% private and confidential in all communication we have with you.

Backpacking Tourists getting raw end of the stick

Backpacking and Working throughout QLD? Know your rights, protect your future!!

Injured whilst working in Queensland or whilst in a motor vehicle?

I have seen to many clients over the past 15 years sharing stories about how employers told them they were not entitled to WorkCover or compensation for injuries as they were here on tourist visas. This is not correct.

Compensation Payouts – The Why and How!!!

Every now and then you will hear in the media of substantial payouts for personal injury claims.

Many settlement figures are confidential, however when they go to court, usually the results are released in the media.

Here are some examples of payouts from Law Firms I have dealt with. Then I will explain why they are what they are, and then finally the how. 6 Examples, 3 clear payouts and 3 ‘resolved’ payouts. After the examples I will explain the big difference.

Angela, mid 30’s when a Motor Vehicle Accident left Angela with soft tissue injuries to her neck, back, shoulder and chest. She suffered abdominal bruising and a psychological injury. Her compensation claim resolved for a sum of $356,000.

Stacy – Car Accident. She sustained an anterior compression fracture to T12, as well as bruising and cuts on the face and arms. She required physiotherapy treatment and performed home exercises, Pilates and yoga to assist with her recovery.

The compensation monies will cover the cost of the client’s ongoing pain relief medication and the cost of Pilates and yoga classes. She can hire domestic cleaners to perform the heavier household chores such as vacuuming, mopping, cleaning the bathroom, which are now difficult for her due to her injury. Payout after fees = $84,227.44

James,  25 years old when he suffered injuries in a Motor Vehicle Accident. James suffered head, neck, back and psychological injuries, as well as damaging his teeth and pelvis. His compensation claim resolved for a sum of $426,000.

Mohammad – Warehouse Supervisor. Our client was employed as a full time Warehouse Supervisor. On the day of the injury he was assisting a contract plumber who was fixing the hot water system. The plumber and our client had to gain access to the top of the internal room using a folding ladder owned by the employer. The ladder was lent against the wall and as our client was descending the ladder when it slipped  from the wall and the client fell approximately 3 metres to the ground.

He sustained an L2 compression fracture (left hip) injury). The payout has compensated him for his loss of full time wages down to part time hours. He may also require fusion surgery in the future and the monies will assist him cover the cost of private surgery and rehabilitation. Payout after fees = $330,000

Ricardo, was in his late 40’s and rear ended by a passenger bus. Ricardo suffered a lower back injury which required surgery, and also a psychological injury due to the incident. His compensation claim resolved for a sum of $1,350,000.

Clinton – Electrician. The client was a qualified electrician. He was employed by a labour hire company and sub-contracted to a host employer on a building site. The claim was brought against his employer, the host employer and the company in charge of the building site. He sustained a Lisfranc fracture of his left foot when his foot got caught on the edge of some plywood that had been laid on the floor of a demountable structure in which he was working.

The payout he received will provide him with some financial security should he be unable to continue his work due to his injuries and need to look for alternate employment or change career paths. The money also allows him to cover the ongoing cost of the orthopaedic shoes he requires to have replaced every 12-18 months due to his injury as well as future medication ie pain relief and any further medical appointments he might require. Payout after fees = $139,573.76

THE BIG DIFFERENCE is three of the payouts show what the client actually received, whereas the other three included Statutory Refunds, Outlays and Professional Fees. Big difference in the numbers as you can see. Later in another post I will explain the process of claims, or contact me now if you want more information immediately.

THE WHY: How the payouts are worked out. Your compensation payout figure is not a guess. The important factors in working out compensation are:

The extent of injury sustained. Is it a long term injury or will the recovery be fairly quick?
The age of the person. The younger you are the more your compensation will always be. It also means you have to put up with the injury for a longer period of time.
Their occupation (Wages). The more you earn the more the future economic losses will be worked out for you.
The health of the injured person at the time of the injury. Unfortunately  the more unhealthy you are the more likely the compensation will be less. 
The person’s pre-injury lifestyle. Pre-existing injuries can complicate payout figures).
The unique instances in your particular accident/injury. Are you a musician, elite athlete, student or professional?

THE HOW: To maximise the compensation you receive representation is needed. Not all lawyers and firms are equal. You have to have confidence that your best interests are at play. Contact me for more information on what to look for in a personal injury lawyer.

NO WIN NO FEE – IT’S NOT ENOUGH

NO WIN NO FEE, sound familiar? It’s like having a boxing day sale after Christmas, everyone does it.

However this can end up costing you a lot of money if you are not careful.

There are many different versions of this out in the market place at the moment. Some law firms offer better security than others, it is all in the fine print.

When will you be liable to pay? Did the firm you contacted just send you paperwork to sign without explaining all the clauses? Have you checked the termination clauses?

A recent clause I read said if you terminate during the cooling off period, you will get charged for the work done (not much of a cooling off period).

If you have concerns feel free to contact me, I have been explaining paperwork and processes for 15 years.

Share your stories and feel free to comment on your bad (and good) experiences.

Who doesn’t like statistics?

Here are some interesting statistics for compensation payouts in QLD regarding motor vehicle accidents:

If the numbers seem high, remember the compensation is to cover you for your entire life.

7,623 motor accident claims in Queensland that were finalised in the 2017 financial year:

The average compensation payment for minor injuries was $65,957
The average compensation payment for moderate injuries was $151,771
The average compensation payment for serious injuries was $352,396
The average compensation payment for severe injuries was $747,188
The average compensation payment for critical injuries was $1,952,602

What’s up Doc?

Do I have to see a doctor of my employer’s choice?
Simply put, NO…

Far to often I hear from injured workers that they have been told to visit the workplace doctor, and then the employer sits in with the worker.

The worst I have heard is directives being given by the employer to the practitioner to change the employee being given time off  and then being put on light duties instead. Amazing how a supervisor or manager knows what medical treatment is best for the employee.

All too often, injured workers feel pressured to consult with the employer’s in-house doctor or a doctor of the employer’s choice. But the worker has a fundamental right to seek treatment from their own doctor and/or specialist.

“It is wrong and improper for an employer to choose the doctor that the injured worker receives initial and ongoing treatment from.”

Workers compensation laws allow an injured worker to be treated by whoever they want – the employer should simply butt out of this decision!

If you are injured at work you have the right to:

• Visit your own doctor for treatment. The first visit is the most important one in deciding your claim. Do not be pressured into going to a doctor suggested by the employer for treatment.
• Time off to recover from your injury as long as it follows the WorkCover certificate provided by your doctor.
• Payment of reasonable medical and like expenses eg: doctor, physio, X-rays, etc.
• Rehabilitation services and retraining that will help you get back to a safe job.
• In most cases: a copy of any report related to your WorkCover claim so you can check that the information about you is accurate.

You have the right to refuse:

• To see the company doctor for treatment as only your treating doctor (IE your own doctor) can treat you. However, you may be required to go to see the company doctor (but not for treatment) to be escorted to the doctor by your employer or to have the employer or the employer’s representative attend the visit with your doctor.

Why the need for this site?

15 years in the legal industry, helping people who have had personal injuries, and also having sustained a life long injury, has given me a unique perspective into the reason why people who are entitled to compensation should claim it.

There are 3 main reasons I continually here from people who put claims into the system:

1. They need the financial support as they are not able to earn an income in the same capacity.
2. They do not want this to happen to someone else and hope for changes.
3. They are angry at what has happened and want justice.

The system of compensation has been setup to largely keep people in the dark in regards to what they are entitled to. The insurance companies do not want the people to know what they are entitled to, even though they keep asking for premiums each month, or as with CTP, every time the registration is renewed, you have to pay. Yet when a claim is lodged they make it difficult to obtain the results you are entitled to.

In steps the lawyers. Why? Simple. They get the compensation figures you are not able to get by lodging a claim yourself. If you ask the insurer for a small amount, they’ll settle every-time. If you’re informed and ask for what you know you know you are worth, they will ask you to prove why you are worth that or flat out reject your claim. That is why lawyers are needed. It seems the entire system is broken from this logic. Personal injury lawyers would not have much to do if the insurance companies would pay you what you’re entitled to in the first place.

I am here to provide you as much assistance and information I can regarding processes, procedures and explain what all the legal jargon means. I am here to guide you along the way to help you understand what you will need to do along the way.