Returning to work after an injury can be a challenging and delicate process, both for the injured employee and the employer. In Queensland, the WorkCover legislation is in place to provide a structured framework that aims to facilitate a smooth and supportive transition back to the workplace. At Zaparas Lawyers, we know how important it is to understand your rights and responsibilities under the WorkCover legislation.
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Queensland Posted onReturn-to-Work: Navigating the Journey after an Injury
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Posted onWorkCover and TPD, Can you claim both at the same time?
If you’re unable to work due to an injury or illness there are a number of compensation options available to you depending on how the injury or illness came about. When talking about a work-related injury, some of the most common …
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Victoria Posted onWelding Safety: A new standard for fume control
On the 18th of January the Work Health and Safety Ministers agreed to an immediate reduction in the workplace exposure standards for welding fumes. The exposure standard for welding fumes has been reduced from an 8- hour time weighted average of 5mg/m3 to 1mg/m3.
Since 2019, three Victorian workers have died due to diseases caused by being exposed to welding fumes. Zaparas Lawyers currently act for a number of terminal welders suffering from lung cancer and therefore unfortunately this death rate will continue grow.
These reductions of the previous standards have been made to protect those who work within industries that are exposed to the fumes. WorkSafe Victoria have used this announcement of the changes as an opportunity to urge Victorian employers to assess their control measures for managing welding fumes.
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Victoria Posted onFighting for our client, while inadvertently fighting for all injured Victorians: Vicinity Centres PM Pty Ltd -v- Arik [2023]
What started out as an investigation into whether a Medical Panel determination in a Public Liability Claim was invalid by way of jurisdictional error, proceeded to and continues to disrupt the Personal Injury sphere across Victoria.
In Victoria, whether you are permanently injured in a public space, at work or in a transport accident, your injuries will be assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition (‘the AMA Guides’). The AMA Guides allow for a determination as to percentage of whole person impairment (‘WPI’) that can be attributed to injuries of the injured person. The WPI impacts the compensation entitlements one may be entitled to under the Wrongs Act 1958 (VIC), the Transport Accident Act 1986, and the Workplace Injury Rehabilitation Compensation Act 2013.
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Victoria Posted onCourts Conclude what was already known – Courts to continue to accept multiple medical panel determinations
In accordance with the Wrongs Act 1958 (Vic) (‘the Wrongs Act’), if a person injured in a public place wishes to initiate a claim for pain and suffering, they must first establish that they have a significant injury. In the first instance, the injured party would be assessed by an independent accredited medicolegal doctor who would assess their level of impairment. If their level of impairment meets the relevant threshold level to establish a significant injury, then they will provide the injured individual with a Certificate of Assessment (‘the certificate’).
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Victoria Posted onSeeing your own Doctor after an injury at work
Workplace injuries can have profound physical and psychological effects on employees and their families. It is every worker’s right to expect a safe work environment, and if an injury does occur, taking the right steps is crucial for appropriate and timely treatment and potential compensation.
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Victoria Posted onPaint Factory Fire: A reminder on how to stay safe when working with Solvents, Chemicals and Fumes
A Paint Factory in Dandenong was recently engulfed in a fire as a delivery of solvents and chemicals were being unloaded when a large explosion and subsequent fire occurred. Unfortunately, three workers were in the proximity of the blast, which lead to two of the workers being taken to hospital for injuries and one fatality. This occurrence is another reminder of the dangers of the risk workers can face when working within these factory settings, especially one containing an array of chemicals.
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Victoria Posted onProhibition on the use of Engineered Stone
Safe Work Australia has recently published “the Decision Regulation Impact Statement: Prohibition on the use of engineered stone”. A report in which recommends a prohibition on the use of all engineered stone to protect the health and safety of workers. This report was preceded by an announcement of the Australian Council of Trade Unions that they will ban the use of Engineered Stone on Union worksites with or without federal assistance by July 2024.
As Safe Work Australia states “Engineered Stone workers exposed to respirable crystalline silica are significantly over-represented in silicosis cases and they are being diagnosed with silicosis at a much younger age than workers from other industries”. This action toward an Engineered Stone Ban comes as many Australians are developing silicosis as a result of working with these materials, being cited by many as a health epidemic.
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Victoria Posted onNavigating the Challenges of TPD Claims: Payout denied on Centrelink carer’s allowance.
In the realm of insurance claims, the determination of Total and Permanent Disablement (TPD) can be a complex and often contentious process. A recent case brought before the Australian Financial Complaints Authority (AFCA) sheds light on the intricacies surrounding one complainant’s quest for a $36,000 payment based on their TPD claim.
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Victoria Posted onClient Success Story: Damages for Retail Worker Assaulted by Suspected Shoplifter
Zaparas Lawyers successfully assisted an injured retail worker to obtain damages following an assault by a suspected shoplifter.
In 2017 near the end of the workday, our client, a Retail Sales Assistant working by herself, was assisting a customer in a clothing shop when a Shopping Centre Security Guard indicated that a person who had just entered her shop was acting suspiciously and had put something in her stomach region. Our client finished serving the customer and tidied some racks when the suspicious character removed an item of clothing that she had hidden in her own clothes, threw them on the ground and as she went to leave the store she grabbed our client, forcefully pushing her to the ground.
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Posted onNational Asbestos Awareness Week 2023
National Asbestos Awareness Week 2023 runs from the 20th to the 26th of November. It is a week where we raise awareness for the very real risks the Australian public still face with Asbestos and its related diseases. This National Asbestos Awareness Week marks the 20-year anniversary since Asbestos was completely banned in Australia. Throughout this week, we will reflect on the progress that has occurred since the ban, but also highlight the threats asbestos can still pose to us today.
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Victoria Posted onClient Success Story: Zaparas Lawyers achieve successful Jury Verdict for Housekeeping Attendant
Zaparas Lawyers recently achieved a successful jury verdict for a housekeeping attendant of a luxury Melbourne hotel. The matter ran for 10 days as a jury trial in the County Court between 29 August and the 11 September 2023. The jury …
