Injury & Accident Compensation

How One Law supported Peter’s personal injury claim

In the world of Personal Injury law, every case is unique, presenting its own set of challenges and complexities. At One Law, we are committed to pursuing justice on behalf of our clients, no matter how intricate their cases may be.

Back in 2020, our client, Peter*, an electrical technician started his day as per normal until an unexpected road accident changed his life forever. Peter’s* workday on that particular day seemed like any other. He was on his way to visit one of his regular regional clients, a routine task that had become second nature to him. However, fate had something else in store for him. On this day, Peter* was behind the wheel of a newly modified van – the first of its kind for his company. Little did Peter* know that this seemingly ordinary workday would change the course of his life forever.

As Peter* was driving the van at approximately 100 km/h, tragedy struck! A kangaroo suddenly darted onto the road on the outskirts of Tamworth, leading to a catastrophic collision. The impact was so severe that it caused Peter’s* van to roll over. To make matters worse, his seat belt snapped upon impact, leaving him unconscious and in critical condition. Peter* was rushed to the local hospital with multiple injuries, where he would remain for over two weeks.

Peter’s* injuries were extensive and life-altering. These injuries included a lumbar spine tear, fractures to the spine, and injuries to his right shoulder. In addition to the physical trauma, Peter* also suffered from psychological injuries, including anxiety, depression, and post-traumatic stress disorder.

In cases involving accidents caused by animals, such as kangaroos, establishing liability can be incredibly challenging. However, Peter’s* case took a different turn due to the unique circumstances surrounding the accident. At One Law, we worked tirelessly on behalf of our client, arguing that modifications made to the van by Peter’s* employer played a crucial role in the accident’s occurrence.

Typically, employers are not held responsible for accidents that occur on the open road during the course of employment. Nevertheless, we contended that the modifications made to the van were so substantial that they rendered it dangerous and unstable on the road. The modifications exceeded the vehicle’s weight capacity, and we argued that this excess weight played a pivotal role in causing our client to lose control of the van, ultimately leading to the rollover.

By taking this strategic approach, One Law was able to secure a substantial compensation for Peter*, providing the support he deserves as he embarks on the challenging journey of recovery and rebuilding his life.

At One Law, we are unwavering in our commitment to seeking justice for our clients, no matter the complexity of their matters. Peter’s* matter serves as a stark reminder that in complex situations, the pursuit of justice is essential, and having the right legal team behind you is imperative.

If you or someone you know has been injured, call us on 029119 2232 or click Motor Vehicle Accidents Compensation | Compensation Lawyers Parramatta (onelaw.com.au) to find out more.

*Name in the article has been changed to protect the privacy of our client.

In the bustling heart of a renowned shopping centre in 2019, a construction worker, whom we’ll refer to as “John,” was diligently preparing a base for a concrete pour. The task at hand was no small feat. Alongside were three colleagues and they all had the responsibility of maneuvering a heavy steel sheet weighing a staggering 200kgs.

How One Law resolved the workers compensation claim quickly

However, the day took a turn for the worse when the steel sheet was incorrectly positioned on the base. To rectify the situation, the team had to lift the sheet to shoulder height and flip it. As they were in the midst of this challenging task, one colleague, unable to bear the weight, unexpectedly released his grip. This sudden shift left only two others, including John, to manage the cumbersome load. The immediate aftermath was a sharp, excruciating pain that radiated through John’s lower back, neck, and elbow.

Fast forward to early 2021, and the repercussions of that fateful day became even more evident. John had to endure two fusion surgeries on his lower back: an initial procedure followed by a revision surgery.

Recognising the gravity of his situation and the potential long-term implications, John sought legal advice. Earlier this year, One Law commenced a Work Injury Damages (WID) claim on John’s behalf after wrapping up his workers compensation permanent impairment claim. Our dedicated team, understanding the urgency and the stakes involved, especially given that John is a father of four, worked diligently on his case. We are proud to report that by mid 2023, after a mediation process, One Law successfully settled the matter. This swift turnaround, achieved in less than 6 months, provided our Client with the financial security he deserved, allowing him to close a painful chapter of his life.

At One Law, we’re committed to ensuring that every client receives the justice and compensation they deserve, especially in challenging times. John’s story is a testament to our dedication and expertise in the field.

If you or someone you know has been injured at work call us on 02 9119 2232 or click Compensation Lawyers | Compensation Lawyers Blacktown | One Law Group to find out more.

Your compensation rights after a NSW car accident

Personal injury arising from motor vehicle accidents are an unfortunate yet unavoidable occurrence of daily life. During this period, it essential that you are aware of your rights and entitlements.

To make a claim after being injured in a motor vehicle accident:

• You will need to identify the insurer of the vehicle who you believe is most at fault as well as report the accident to police.
• After having done so, you must lodge your Application for personal injury benefits within 28 days from the date of accident to ensure your statutory benefits (wages and medical expenses) are paid from the date of accident.
• You may lodge your application for personal injury benefits within 3 months however, your statutory benefits will only begin from the date the claim is made.

Your statutory benefits will only continue after 26 weeks from the date of accident if it has been found that you are both not wholly at fault for the accident and that your injuries have been deemed to be ‘non-minor’.

It is only in this instances that you would then be entitled to make an Application for damages under common law. Damages under common law can be awarded for the injury you have suffered as a result of the accident.

• If you are assessed by an Independent Medico-legal doctor as having sustained a whole person impairment percentage of less than 10%, then a common law claim for damages can only be made from 20 months to three years after the date of accident. In this case you will only be eligible to claim past and future economic loss.
• While if you have been assessed as having sustained greater than 10% permanent impairment you are entitled to make a claim for damages under common law at any stage within three years from the date of accident. You are entitled to claim past and future economic loss as well as non-economic loss, which is also referred to as pain and suffering.

One Law Group has a specialist team dedicated to personal injury arising from motor vehicle accidents, if you would like more information or advice in relation to the practices and procedures in place, please contact our team on (02) 9119 2232.

Public authorities are important bodies that serve various functions in our society and at times, these bodies may be subject to a common law claim for negligence for exercising or failing to exercise their statutory powers or duties. Individuals who seek to sue public authorities for negligence face some difficulties with succeeding as the authorities are often safeguarded by the Civil Liability Act 2002 (NSW).

Sections 43A and 45 of the Civil Liability Act 2002 (NSW)

In certain circumstances provide public authorities immunity from liability. In some circumstances, it can be suggested that the standard of care that is expected of a public authority is much lower than that the standard of care expected of an individual.

Section 43A

Provides that the failure to exercise a statutory power does not give rise to a claim unless the act or omission was “in the circumstances so unreasonable that no authority having the special statutory power could properly consider the act or omission to be a reasonable exercise of, or failure to exercise, its power”.  Section 45 provides immunity to public authorities where they did not have “actual knowledge” of the risk which caused harm.

The matter of Holland v City of Botany Bay Council [2017] NSWSC, demonstrates the strict thresholds that apply before public authorities can be found negligent. The case considered whether the council was immune from liability under section 45 of the Civil Liability Act 2002 (NSW).

In summary of the facts, the plaintiff tripped and fell at the intersection of a road and sustained several injuries to her shoulder and back. She brought a claim against the City of Botany Bay Council for damages. The Plaintiff argued the road was in poor condition and that the Council should have repaired and maintained the condition of the road.  The court determined whether the Council, or the Roads and Maritime Services (RMS) was the roads authority for Gardeners Road. It was determined that the council was the relevant roads authority at the time of the incident. The court found the council was entitled to rely on section 45 of the Act as there was no evidence that the Council had been aware of the road condition. There had been no prior complaints made to the Council about the condition of the road and no prior injuries in that location. The Court held that the Council could not have had ‘actual knowledge’ of the risk.

In light of the above matter, a question that remains is, is it always so difficult to pursue a claim in negligence against a public authority? The decision in Roads and Maritime Services v Grant [2015] NSWCA 138 suggests otherwise.

The plaintiff was riding his bike when it collided with a median strip at an intersection.  The court held the Plaintiff would not have been able to see the median strip before the collision.  The court held that Roads and Maritime Services (RMS) failed to exercise its statutory powers by failing to install a “Keep left” sign on the median strip which would have avoided the Plaintiff’s injueris. The court found that a reasonable person in the position of RMS would have painted the nose of the median strip, installed adequate lighting and clearly marked the lanes on the road to avoid any collisions.

Section 43A of the Civil Liability Act 2002 (NSW)

Could not be relied on by RMS as it was held that there were several measures that RMS should have actioned in exercising their duty. The Plaintiff was successful in claiming damages, however, the court took into consideration the speed at which the plaintiff had been travelling before the accident and there was a reduction of damages due to contributory negligence.

Resources of public authorities is another issue that is important when considering liability of a public authority. Under Section 42(a) of the Civil Liability Act 2002 (NSW), the court often considers that some duties and powers that should be exercised by a public authority are sometimes limited by financial and other resources. The way in which resources are allocated cannot be challenged nor questioned under Section 42(b) Civil Liability Act 2002 (NSW).

Negligence claims for compensation against public / government authorities can be challenging and complicated. At One Law, our team of compensation lawyers will guide you through the process and take all possible steps to secure a successful outcome.

How the public liability Slip and Fall Supermarket compensation claim was resolved

Our client Samuel was doing his weekly grocery shop at his local supermarket. On this particular day, he walked along the bread aisle and grabbed a loaf of bread before heading towards the checkout counter through the fruit section. During the short walk to the counters, Samuel slipped and fell causing injuries to his neck, lower back and shoulders.

He consulted with the team at One Law Group and sought our assistance in helping him navigate his compensation claim. Initially, the Defendant argued that the accident was not captured on CCTV Footage, and they denied any liability for the claim. However, our team worked to uncover evidence which proved the accident occurred at the supermarket. This proved to be a crucial aspect in obtaining damages for our client.

Samuel was a pensioner with pre-existing injuries, and as such the case was quantified modestly, however, One Law Group took the same care and diligence as they would in any other case, ensuring a fair, just and desirable outcome.

If you’ve been injured in a public place, get in touch with the team at One Law Group today to discuss your legal rights and entitlements.

How lack of assistance led to a work injury damages claim

Jack sought the assistance of our firm after having sustained an injury to his back while working at a recycling and waste management site. During his employment, Jack performed what seemed to be the simple task of lifting a television out of a vehicle for disposal, but he accidentally twisted his upper body prior to moving his feet, which resulted in severe injury to his back.

With only months to retirement, Jack was rendered unemployable after having to undergo multiple operations on his spine.

After learning of Jacks story, and hearing of the physical, emotional and financial strain this injury had on his life, we started to build a case for compensation.

Our first priority was Jacks physical and mental health, and after spending time with him, we quickly learned of the significant impacts this injury had on his ability to complete even the simplest of tasks. We also learned there wasn’t adequate workplace safety measures in place, and Jack was not given any formal training in how to properly lift heavy or ill-shaped objects, both of which could have easily prevented Jack from sustaining such an injury.

With an evident breach in their duty of care owed to Jack, our team of accredited and experienced specialists and solicitors put Jacks employer on notice of intention to pursue a Work Injury Damages claim.

We obtained expert evidence and acheived an outstanding result for Jack, by resolving the matter prior to commencing court proceedings. This resulted in $200,000.00 in compensation for Jack.

If you’ve been injured at work you may not always know what your legal rights are, and if compensation is possible. That’s why it’s important to speak to the dedicated team at One Law. We take the time to listen to your story, and we fight hard to win your case.

Proving employer negligence in a work injury damages claim

Our client Mark was injured during the course of his employment as a production/testing and inspection officer. His employer had instructed him to perform production and testing of wire rope and chain assemblies without the appropriate equipment, tools or assistance, and as Mark pulled a wire rope away from a winding machine, grease began to drip onto the floor causing him to lose his footing and fall backwards.

Mark’s health suffered greatly as a result of the incident, and not only was he rendered incapable of returning to work, but he also had to undergo surgery to fuse the damaged discs in his spine.

After learning more about Marks workplace environment, we came to understand that his employer was negligent, and had failed to uphold a duty of care to Mark. Knowing this, we were able to fight for compensation for Mark for loss of income and loss of superannuation for the past and the future.

Our dedicated team of specialists and solicitors experienced in workers compensation fought to settle the matter at the Workers Compensation Commission, resulting in $500,000.00 workers compensation settlement.

If you have suffered from a workplace injury and would like more information on your legal rights and entitlements, call the team at One Law today.

How the motor accident compensation claim was won

Our clients Mike, Jenna and their two kids were coming home from a short family vacation on the Gold coast with their Aunt Georgia, when tragedy struck.

A truck driver who fell asleep at the wheel swerved onto the wrong side of the road and collided head-on with the family’s vehicle. Georgia passed away at the scene of the accident, and the rest of the family suffered severe injuries.

Jenna, who was a passenger in the car was in a critical condition. She underwent multiple surgeries and was in a coma for 24 days. The extent of her injuries was extreme, as she had suffered injury to her brain, lungs, spleen, ribs, legs, feet and hands as well as her cervical and lumbar spine.

In addition to this, the entire family had to come to terms with the death of their aunt, and the new physiological, physical, and financial stresses this had on their lives. With Jenna and the family diagnosed with post-traumatic stress disorder (PTSD) and depression from the accident, they whole family needed extensive counselling and support to help them overcome the trauma they’d experienced.

Mike was unable to work for an extended period of time, as he too needed to recover from his injuries, in addition to caring for their two children. Both children required special care as the accident had not only caused physical injuries, but it affected their studies and mental health with recurring dreams from the accident and death of their Aunt.

The team at One Law Group supported the family through this trying time and dealt with the insurer with all aspects of the claim, from getting treatments approved to getting care at home and special equipment approved.

Our dedicated team fought to get a combined compensation of over $4.3 mil for the family to ensure their financial and future wellbeing was secure.

If you have been injured in an accident, contact One Law for expert legal advice.

Recovering unpaid weekly compensation entitlements

Our client Sarah was employed as a veterinarian, and on the date of her injury, she was lifting a heavy dog onto the bed, causing her to suffer an injury to her back. She reported the injury to the Workers Compensation insurer, who quickly declined the claim arguing that what had happened was not a substantial contributing factor to her injury.

Sarah was out of work for over a year and a half, and a spinal fusion surgery which the insurer refused to pay for had left her unfit for work. Stressed and unsure of what to do next, Sarah consulted with the team at One Law Group, who applied for a grant of funding from the Workers Independent Review Office (WIRO) to fight the insurer’s decision.

We gained expert evidence, which proved that the back injury was work related, and the surgery Sarah underwent was required as a result of the accident at work. We also worked closely with her treating doctor to obtain all the necessary reports which proved Sarah’s inability to work in the year and half since the incident.

We used this evidence to file another application to the insurer, who then revoked their initial dismissal. This meant that Sarah was paid all her lost wages as well as the cost of the fusion surgery which could have put Sarah out of pocket by approximately $50,000.

We’re now working on claims for a tax-free lump sum payout and a larger claim for common law negligence.

Don’t settle for less than you deserve. Get the best compensation lawyers on your side.

Claiming compensation for a psychological workplace injury

Our client Jackson was employed as a security guard at a Hospital for 15 years. After his employment was terminated for alleged misconduct, he made a workers compensation claim for a psychological injury.

The insurer declined his claim alleging that the employer’s actions were reasonable.
After consulting with the workers compensation lawyers at One Law, we found out that Jackson was severely targeted and harassed by his manager and co-workers before the termination.

Our team investigated and obtained several witness statements from his work colleagues that confirmed he was bullied, harassed and humiliated because of his age and race. We also gathered evidence from a psychiatrist that showed Jackson was suffering a significant psychological injury.

On behalf of Jackson, we filed an application with the Workers Compensation Commission. We argued that Jackson was in fact bullied and harassed and that the termination was not genuine but rather an excuse to get rid of him. The actions of the employer were found to be unreasonable and eventually the insurer agreed to pay Jackson a $46,500 lump sum payment.

If you or someone you know has been bullied or harassed at work and would like some further advice, call our free advice line on 1800 663 529 and speak directly to one of our lawyers.

After getting injured in a car accident, your actions can have an influence on whether you will receive money for damages. When consulting an auto accident lawyer, they will ask you what you did and did not do after the accident. To build the best case for you, avoid these five mistakes after an accident:

Not Calling the Police

While an officer does not work for you, the evidence they collect may help your case. They will provide evidence such as witness statements and photographs that are valuable to your lawyer. Police officers also create a crash report that details all aspects of the crash. If you do not call the police, your insurance company may grow suspicious of your actions.

Admitting Guilt

Even a simple apology can be turned against you. After an accident, you may feel bad about what happened, so you say sorry to the other party. However, they can tell the jury that you apologized for the accident, putting you at fault. It is best to simply keep quiet and contact a lawyer.

Leaving Out Parts of the Story

Your lawyer needs to know every single part of the accident, including your story. If you neglect to tell the whole story, your case will not be as strong due to inconsistencies. If there are some bad parts that may put you at blame, talk to your lawyer so they can best prepare a case for you.

Filing a Case Too Late

Some states have time limits on filing a case. You may find that your insurance company is holding you back on filing. This is to help them keep the money that you deserve in their own pockets. Act quickly and do not waste time.

Accepting a Traffic Ticket

If you get a traffic ticket due to the accident, you need to fight it. It may seem easier to just pay the fine. However, the court will see you accepting the ticket as guilt on your part, and you can lose your case. Have your auto accident lawyer represent you in court.

In Conclusion

Simple actions can quickly change the outcome of a case. The most important thing to do is to contact a lawyer and follow their advice. This will help you get the compensation you need to move on after the accident and injury.

Most injured workers don’t know their rights or entitlements. Here are 7 things you must know.

You can make a claim for compensation.
If you’ve been injured at work you can immediately start receiving compensation for loss of wages if you are unable to return to work and treatment expenses such as investigations (MRI & CT scans), physiotherapy, specialists consultations and surgery.

You have the right to choose your own doctors and treatment providers.
You can consult your own family doctor, specialists or rehabilitation providers to assist you in your treatment, recovery and return to work. Don’t let anyone tell you otherwise!

You may be entitled to receive a tax free lump sum payment.
If your injuries become permanent you may be entitled to a tax free lump sum payment usually between $25,000 and $200,000. Your injuries will need to be assessed by an approved doctor.

If your injuries are serious or you are recovering from surgery you can apply to receive help around the home also known as domestic assistance.
Your injuries may prevent you from completing tasks around the home such as mowing the lawn and cleaning the house, if so the insurer may pay for these services on a temporary or ongoing basis.

Your workers compensation claim may not be the only claim for compensation you can make. There are times when others may be held responsible for your injuries.
There are times when others may be held responsible for your injuries and larger claims for compensation can be made, for example, if you are sent by your employer to a construction site managed by others, or involved in a car accident that was not your fault. If your injuries are serious, larger claims for compensation can be made against your employer and you may be eligible for total and permanent disability compensation through your superannuation fund.

If the insurer denies your claim or treatment they must provide you with a letter (usually titled a Section 74 Notice) explaining all the reasons for the denial.
You can usually fight any decision of the insurer at the Workers Compensation Commission with the assistance of a lawyer at no cost to you.

Injured workers are entitled to receive free legal representation.
Why struggle to deal with the insurer on your own when you can apply for free legal assistance. The Workers Independent Review Office (WIRO) will pay all your legal fees and will also pay for clinical records and medical reports from your treating doctors and reports from independent doctors needed to help prepare your case.

Help is available,  call our advice line on 9119 2232 to speak directly with one of our team.