Guardian Injury Law

When lodging a WorkCover claim in Victoria, it is important to understand your entitlements.

This blog takes a deep dive into one component of entitlements; weekly payments.

If you’re unable to work due to your injury and your claim is accepted, you will receive WorkCover weekly payments of compensation. Weekly payments take the place of wages and are crucial to providing financial security to you and your family.
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Independent Medical Examinations (IMEs) play a crucial role in WorkCover and TAC claims in Victoria. These assessments by independent medical professionals help determine injury severity, work capacity, and other key factors in your claim.

IMEs can occur after a claim is lodged and significantly impact your compensation. From evaluating your injury to assessing medical expenses or surgery needs, these reports can shape the outcome of your claim.

Make sure you understand the process and get the right advice, as IMEs provide valuable input to insurers.
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Many Victorians choose to spend their weekends enjoying the outdoors, whether that be around their local neighbourhood, a walking track or other council or government-managed outdoor area.

While tripping hazards in these sorts of environments are commonplace, a slip or trip can sometimes result in a serious injury.

In those circumstances, there may be an entitlement to claim compensation (a public liability claim) from the entity designated to maintain the area, whether that be the council or another body.
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The COVID-19 Vaccine Claims Scheme policy has undergone another update, released on 24 September 2024.

This update provides important amendments for those who have received an offer from the COVID-19 Vaccine Claims Scheme and the timeframe to respond. It also removes the deadline for family members pursuing a Tier 3 claim on behalf of a loved one who has died from vaccine harm.

Although COVID-19 Vaccine Claims Scheme closed on 30 September 2024 and is not accepting further claims, claimants who have lodged their own claim need to be aware of their entitlements to ensure that their compensation is maximised.

If you’ve received an offer from the scheme and you are not satisfied with that offer, or if your claim has been rejected, you should seek legal advice immediately about your options to request a review of the decision.
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WORKER’S COMPENSATION DEATH BENEFIT CLAIMS

Losing a loved one to a work-related injury or accident is a tragedy. The time that follows can understandably be emotionally and financially stressful for families.

It is important to know that eligible dependants of the deceased worker are entitled to financial support and WorkCover death benefits compensation.
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All workers, including those on a working visa, are entitled to feel safe in the workplace.

If you’re injured at work in Victoria while on a working visa, you may be entitled to worker’s compensation benefits through the WorkCover system.

The WorkCover benefits available to workers on a working visa are the same as those afforded to any other worker.

Learn more in our latest blog.
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Compensation for victims of crime in Victoria is available to eligible applicants by lodging a claim with VOCAT.

Notably, it isn’t necessary for a perpetrator to have been charged with the crime, however, the crime must have been reported to Police.

In this blog, we look at:
👉🏼 the role of VOCAT;
👉🏼 who can claim victims of crime compensation;
👉🏼 the compensation available;
👉🏼 time limits associated with making a VOCAT claim; and
👉🏼 how VOCAT claims work alongside other personal injury claims.
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If you’re a pedestrian who’s been injured after being hit by a motor vehicle, you may be eligible for a TAC claim.

Your injuries may have been caused by a car, bus, train, tram or a motorcycle.

Our latest blog explores:
👉🏼 first steps after a motor vehicle accident;
👉🏼 pedestrian entitlements under a TAC claim;
👉🏼 time limits for lodging a TAC claim;
👉🏼 possible circumstances where pedestrians may be at fault;
👉🏼 what happens if the accident was a hit-and-run; and
👉🏼 lump sum compensation due to permanent impairment.
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A lot of people have heard the term “public liability claim” or “slip and fall” but there’s often confusion over the type of injuries (or incidents) that can give rise to a compensation claim.

This article explores some of the more common public liability claims.

Importantly though, we look at (and explain in plain English), the three factors required for a successful claim:
🔷 Duty of care;
🔷 Breach; and
🔷 Causation.
https://bit.ly/3s6EGMa

COVID-19 VACCINES CLAIMS SCHEME NEEDS AN URGENT OVERHAUL

Guardian Injury Law was honoured to represent Chris with his COVID-19 Vaccine Claims Scheme application.

What his case, and many others, highlight is the difficulty of the COVID-19 Vaccine Claims Scheme which was designed to assist and support those injured by COVID-19 vaccinations.

Rather than assisting claimants, the scheme has strict eligibility criteria which excludes many people who have a vaccine injury and support from their doctors. Further, it has a high, onerous and changing evidentiary requirement which results in delays and a lack of compensation for claimants who need it most.

With the deadline of the scheme fast approaching on 30 September 2024, Guardian Injury Law calls on the Federal Government to extend the scheme to protect all Australians injured by vaccines. We also call on the government to overhaul the scheme to make it fit for purpose and accessible for all claimants so that they can receive the support and compensation they deserve.

‘1000 pages’: Aussie dad’s ‘cruel’ three-year wait for vaccine injury compensation EXCLUSIVE

Chronic fatigue syndrome (CFS) can significantly impact a person’s ability to work and live a normal life.

If you're struggling with this debilitating illness or a similar condition like fibromyalgia or myalgic encephalomyelitis and you’ve had to stop work due to the illness, you may be entitled to TPD benefits.

Understanding your rights and the complexities of the claims process is crucial.
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We are so pleased to share another great outcome with the COVID-19 Vaccine Claims Scheme of more than $6 million for a very deserving client due to their COVID-19 vaccine injury.

We have several other claimants close to settlement and are looking forward to securing their financial future.

If you have been affected by a vaccine injury, contact Guardian Injury Law.

📞 1300 700 761

At Guardian Injury Law, we specialise in abuse law claims. There are a number of options for survivors to pursue compensation for abuse they have suffered.
🡆 A common law claim;
🡆 A deed revisit if you have received a past settlement;
🡆 An application under the National Redress Scheme; and
🡆 In Victoria, a claim under the Sentencing Act 1991.

In this blog, we explore an abuse survivor’s compensation options when they pursue a claim brought under section 85B of the Sentencing Act.
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If you’re currently a resident of Australia and you’re receiving WorkCover benefits and are considering a move overseas, it’s likely that your WorkCover benefits will be affected.

WorkCover statutory benefits entitle you to weekly payments and, medical and like expenses and either of these entitlements may be impacted if you move overseas temporarily or permanently.
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On 1 July, 2024, Australia became the first country in the world to implement a full ban on the use, supply, and manufacture of engineered stone.

This landmark decision, driven by health concerns, addresses the prevalence of injuries stemming from the toxic crystalline silica dust found in engineered stone.

We welcome the decision to totally ban engineered stone products containing crystalline silica dust. Though this ban is a significant step forward, there is still much work to be done in enhancing safety in workplaces to protect the health of workers.

Many workers across a range of industries remain at risk of exposure to silica dust. If an employer has failed to provide safe working conditions or implement measures to prevent exposure and a worker has subsequently developed a silica-related respiratory or auto-immune disease, they may be able to seek compensation.
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While you have the right to resign while receiving worker's compensation benefits, it’s important to be aware that your WorkCover entitlements may be impacted if you resign.

Your WorkCover insurer will consider multiple factors surrounding your circumstances when deciding whether and how your WorkCover claim may be impacted if you resign from your job. They will look to whether the reason for your resignation is your workplace injury or some other reason.

If you’re unsure of how resigning will impact your worker’s compensation entitlements, you should seek legal advice BEFORE you resign.
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How much compensation is paid through the Federal Government’s Covid-19 Vaccine Claims Scheme?

As Australia continues to press home the need for as much of the community as possible to be fully vaccinated, some recipients, unfortunately, will experience moderate to significant side effects from the vaccine.

For those who meet the criteria of the Federal Government’s Covid-19 Vaccine Claims Scheme, there is a variety of compensation available for past and future loss, including medical expenses, wages and care required as well as a payment for pain and suffering.

WARNING: The COVID-19 vaccine claims scheme ends on 30 September 2024. If you have suffered an adverse reaction to a COVID-19 vaccine, it is crucial that you seek legal advice about your entitlement to compensation. We offer free advice and run claims "no win no fee".
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If you’ve been injured in a road accident in Victoria, you’ll be entitled to lodge a TAC claim for compensation and benefits.

Sometimes, the TAC will make a decision about your claim that you do not agree with. If at any time, you receive an adverse decision from the TAC, there are options for you to appeal that decision.

In this blog, we explore what decisions can be appealed and how to appeal an adverse decision made by the TAC.
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Coming to terms with childhood abuse is a deeply personal and often painful journey.

If you're a survivor considering legal action to pursue compensation due to childhood abuse, the process can feel overwhelming.

Our latest blog aims to equip survivors of abuse with the knowledge and resources to navigate Victorian childhood abuse claims effectively.
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If you’re injured in a transport accident in Victoria and that accident was not your fault, and you have permanent injuries, you have the right to pursue a claim with the TAC for pain and suffering and economic loss compensation.

These claims are also known as a TAC common law claims and any compensation is in addition to your statutory TAC entitlements like weekly payments and medical expenses.

Learn more in our latest blog.
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If you have a personal injury compensation claim in progress with another lawyer or law firm and you’re unhappy with their service or concerned with how things are progressing, then you may be able to switch to Guardian Injury Law.

When you make the change to Guardian Injury Law, we will fight fiercely and fearlessly for your rights. We will put you at the centre of everything we do to maximise your compensation and achieve life changing results.

Considering changing your personal injury lawyer?
https://bit.ly/3ip6efa

Can I Change My Personal Injury Lawyer? | Guardian Injury Law We make the process of changing lawyers simple. It doesn’t cost anything and there are no delays be changing lawyers.

If you have a pre-existing medical condition that your super fund is unaware of, they may have the right to reject a TPD claim or other disability insurance claim.

When you apply for TPD insurance inside super, you will usually have a duty of disclosure, and that duty could include full disclosure about any pre-existing injuries or illnesses.

Rules regarding pre-existing medical conditions are complex, and most often, if you have had a pre-existing injury or illness and have not disclosed this to your fund, your TPD claim will likely be rejected.
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Disclosing pre-existing injuries and illnesses during TPD insurance applications Learn how to manage a TPD claim with a pre-existing injury. Understand duty of disclosure and steps to take if your claim is rejected.

If your child has had an accident at school that resulted in an injury, you may be able to pursue compensation against the school or any other party who was involved.

There may be an entitlement to bring a common law claim in negligence against the school or any other relevant party, for the injury your child suffered.
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Compensation if your child is injured at school If your child is injured at school, you may be able to pursue compensation against the school or any other party who was involved.

WorkCover (Victoria) provides a safety net for workers by providing financial support and other benefits in the unfortunate event of a workplace injury or illness.

While most claims are approved, some are denied, leaving injured workers facing financial hardship, emotional stress, and a disrupted life.

In our latest blog, we explore your options if an insurer has rejected your WorkCover claim.
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What happens if my WorkCover claim is rejected? Learn how to handle a rejected WorkCover claim and the steps for disputing a WorkCover decision. Get the guidance you need to protect your rights.

If you’re injured or sick and can’t work anymore, you may have lodged a claim for total permanent disability (TPD) benefits with your super fund.

The process for lodging your claim may have seemed quite straightforward so you might be expecting it to be accepted and to receive your payout.

But what if your TPD claim is rejected or declined?
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Here’s what to do if your TPD claim is rejected If your TPD claim is rejected, you can send further submissions, make a complaint to AFCA or take the matter to Court. Need help?