Articles

A TPD claim, or a ‘total and permanent disability’ claim, is an insurance benefit you can claim through your superannuation fund in the event of serious illness or injury which leaves you unable to work. Many people may try to make such claims on their own. However, making a TPD claim is a difficult, drawn-out… Read More »Why Should a Lawyer Handle Your TPD Claim?

Have you suffered an injury while walking along a council-owned footpath or road due to it being uneven or containing potholes? Although many people may assume that it is possible to sue the local council for injuries related to failure to maintain roads and footpaths, in reality, the introduction of the Civil Liability Act 2003… Read More »Can I Bring a Claim against Council for an Uneven Footpath or Pothole?

In most cases where a car accident occurs, the drivers involved will stop, acknowledge what has happened and swap contact details so that claims can be made to insurers for the resulting damage. If people are injured in the accident, it’s a legal obligation for those involved in the accident to remain at the scene… Read More »I Was Injured in a Car Accident but the Other Driver Left the Scene – What Should I Do?

One of the blessings of living in a country such as Australia is that if you have the misfortune to be injured at work, you won’t be left to fend for yourself while you recover. In Australia’s states and territories, employers are obliged by law to insure their workers against work-related injuries. In Queensland, this… Read More »I’ve Been Injured at Work – What Should I Do?

Bike riding has become an increasingly popular means of transport both for work and leisure, offering a combination of regular physical activity with clean, green pedal power.

Like other states and territories in Australia, Queensland has a compulsory third party (CTP) scheme that provides compensation if you’ve been in an accident. Unlike some other states, this type of insurance remains an at-fault scheme in Queensland, meaning that it will not provide compensation should a person be 100 per cent responsible for an… Read More »How do I make a CTP claim in QLD?

It would be understandable for most people to believe that a workers’ compensation claim only applies to injuries sustained while a person is at work performing their duties. In fact, claims can be made for a broader range of reasons, including working from home and – the subject of this post – having a motor… Read More »I’ve Had a Car Accident on the Way to Work – What are My Options?

While strict laws about workplace safety have dramatically reduced deaths from workplace accidents in the past years, fatalities still occur.

A crucial question for anyone considering a personal injury claim is how much compensation they might be entitled to. The answer to that question can determine whether the time, stress and effort are worth it – dealing with lawyers, insurance companies and, possibly, courts, is not anyone’s preferred way to spend their time. One of… Read More »How Much is My Claim Worth?

There is no one definitive answer to the question of how long a personal injury claim takes to resolve. While a typical compensation matter commonly takes up to 18 months to resolve, this very much depends on how complex the issues involved in your claim are. A straightforward claim – one where the negligence of… Read More »How Long Does a Typical Personal Injury Claim Take?

Australia is home to some of the worst workplace bullying in the developed world, ranking sixth highest in a recent study comparing us with 31 European countries. Around 10 per cent of Australian employees admit to being bullied at work, but that figure may hide the true extent of the problem, with much antisocial workplace… Read More »I’ve Been Bullied in the Workplace, What Can I do About it?

Chances are you’ve seen an ad for a personal injury lawyer. On television, on the side of buses and on highway billboards, these days there are many such firms seeking to represent you in a personal injury claim. But essentially, what do personal injury lawyers do, and why should you consider engaging one if you… Read More »What Does a Personal Injury Lawyer Actually Do and Why Do I Need One?

People working in all sorts of different fields deal with deadlines every day. Something must be done by a certain time, or else there are consequences. Legal matters are no different. Time limits apply by which a person must bring a legal action, including compensation after they are injured in an accident. If you try… Read More »I Was Injured in an Accident a Number of Years Ago, Can I Still Bring a Claim?

A person affected by alcohol who ends up causing a car accident faces multiple problems once the hangover subsides. For starters, there are likely to be police charges for driving under the influence which can result in fines, suspension of licence and even imprisonment. If someone is killed as a result of the accident, a… Read More »I Was Injured in a Car Accident and the Driver Had Been Drinking – Will This Affect My Entitlement to a Claim?

Many people who are injured while travelling as a passenger in a car involved in a road accident aren’t aware that they are entitled to make a compensation claim. Under Queensland’s compulsory third party (CTP) insurance scheme, passengers, as well as drivers and pedestrians, can claim for personal injury caused by a car accident. The… Read More »What Rights Do I Have If I Was a Passenger and Involved in a Car Accident?

We live in a country where we are fortunate to count on workers’ compensation schemes if we are injured in the course of doing our jobs. Workers’ compensation in Queensland for those who can’t work due to being injured through work is available through the statutory ‘no-fault’ scheme managed by WorkCover Queensland. It’s also possible… Read More »How Are Workers’ Compensation Claims Assessed in Queensland?

‘WFH’ or ‘Working From Home’ has become a popular acronym since the onset of the global COVID-19 pandemic. Many employment experts believe the shift of thousands of office workers from on-site workplaces to remote, home offices made necessary by the pandemic will become – at least part of the week – a permanent feature of… Read More »What Happens if I’m Injured While Working From Home?

There’s no doubt the rise of social media has dramatically affected the way we live our lives in the past decade. Many of us now conduct most of our conversations with family and friends via social platforms, allowing us to stay in touch across time and distance. But social media users sometimes forget the public… Read More »How Can Social Media Affect My Claim?

The final report of the Royal Commission into Institutional Responses to Child Sex Abuse, handed down in 2017, changed the options for survivors of child sexual abuse to seek compensation for pain and suffering they have suffered as a result of that abuse. For survivors of institutional abuse, the effects can last the rest of… Read More »I Was a Victim of Institutional Abuse – Can I Make a Claim Even If It Happened Decades Ago?

In 2017 many law firms saw a spike in those approaching them to inquire about making a historical abuse claim. This occurred because of recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse in its final report delivered to the Governor-General in December 2017. In particular, legal reforms as a result… Read More »What is a Historical Abuse Claim?

In Australia, drivers are covered in the case of a car accident by Compulsory Third Party (CTP) insurance schemes run by our states and territories. The aim of the scheme is to protect drivers against the sometimes huge financial burden that involvement in a vehicle accident can impose on a person, covering damages claimed by… Read More »I had a Car Accident in Queensland but the Driver was from Interstate. Where do I Make the Claim?

Accidents are a fact of life. Sometimes they are the result of our own inattention or carelessness while at other times, an accident might result from the negligence of some other person or party. If you sustain an injury in the second of these situations, you may be entitled to compensation. If you are injured… Read More »What Should I Do After I’ve Been Injured in a Public Place?

Whether you’re making a workers’ compensation claim or a compulsory third party (CTP) motor vehicle accident claim, it is possible to make the application and deal with the insurance company on your own, without legal representation. Doing so makes a person a ‘self-represented’ claimant. Many people take this course of action because they feel they… Read More »Are Self-Represented Claimants Treated Differently by Insurers?

Whether you can make claims for compensation when you’re injured depends on a number of key factors, chief among them are where your injury occurred and what sort of harm you’ve sustained. There are substantial differences in how the law treats a personal injury – such as where you trip and fall in a shopping… Read More »What Types of Accidents or Injuries Qualify for Compensation Claims?

In the past decade, Australia has seen an increasing casualisation of its workforce. It’s estimated up to three million Australians now work in a casual capacity. A common form of this sort of employment is where an employer sources workers through a recruitment or labour hire firm. These workers could be employed on a part… Read More »I’ve Been Injured at Work But I Was Employed Through a Labour Hire Company – Who Do I Sue?

Someone in your family says, “Come on, let’s go to the shops… I’ll drive.” You agree and you both hop in the car and head off. On the way, you’re involved in a car accident in which you – travelling in the passenger seat – are injured. Afterwards it’s clear that the accident is the… Read More »I was a Passenger in a Car Accident but I don’t want to Sue the Driver. What are My Rights?

We’re agreed on one thing: 2020 has been a year like no other. The onset of the COVID-19 global pandemic has created some seismic shifts in how society organises itself, seeing a necessary mass shift to remote working and online meeting among many other changes. What’s more, we will have to learn to adapt our… Read More »Will My Claim be Affected by COVID-19?

Australians are lucky that in each of our states and territories, we have a statutory workers’ compensation scheme designed to help you meet medical and rehabilitation costs of recovery should you be injured at work. But what happens in the situation where you’re injured while travelling to or from work? Are you covered by the… Read More »What Happens if I’ve Been Injured on My Way To or From Home?

Most people are aware that if they sustain an injury, they may be entitled to compensation because their harm was caused by the negligence of another party. What most people who have not gone through this process before are unaware of is that making a compensation claim can be a complicated and drawn-out undertaking. The… Read More »What are the Benefits of a Specialist Compensation Lawyer Conducting My Claim?

You may have noticed that there are a lot more ads for lawyers around these days. On the television, on websites and on the sides of buses, many law firms advertise that they will resolve your legal matter on a ‘No Win No Fee’ basis. It sounds inviting, particularly if you don’t think you have… Read More »What is No Win No Fee?

In this podcast, Mitch Herlihy shares some advice on what you need to do if you’ve been involved in a car accident.

As in most states and territories of Australia, employers in Queensland are obliged by law – the Workers’ Compensation and Rehabilitation Act 2003 – to insure their workers against work-related injuries, unless you are a licensed self-insurer. The compulsory workers’ compensation scheme covers casual and permanent, and full and part-time employees, as well as some… Read More »I’ve Been Injured at Work But I’m Worried About Bringing a Claim and Losing My Job

Having a trip or fall in a public place is most people’s worst nightmare, usually because of the fear of embarrassment. But if you are injured during the incident and suffer either physical or psychological injuries, you may have the basis for making a public liability compensation claim. Depending on the circumstances surrounding the accident,… Read More »What Should I Do if I’ve Had a Fall and Been Injured in a Public Place?

No one wants to be involved in a motor vehicle accident but our busy roads mean such accidents are a fact of life. The obligation of drivers in Queensland to have compulsory third party (CTP) insurance means that those involved in a car accident may be able to make a compensation claim even where no-one… Read More »What Type of Compensation Will I Get From My Claim?

Accidents resulting in death are a tragic and unfortunate fact of life. But where the person who dies was the main breadwinner in a family, the consequences of their passing can be very severe for the surviving family members. In recognition of that fact, dependants of a deceased person who died in an accident for… Read More »What is a Dependancy Claim?

If you have an accident at work or in a public place, the success of your compensation claim for any harm or injury you suffered may depend on whether you had a pre-existing injury. The most common claim where this issue arises is workers’ compensation claims. Where you are involved in an accident at work… Read More »What if I Had a Pre-existing Injury? Should I Still Make a Claim?

When you are involved in an accident that causes you an injury, it’s often clear-cut that another person or persons was at fault in causing that injury. In this situation, it’s easier to prove that you are entitled to compensation for any loss you might suffer as a result of the injury, such as medical… Read More »What is Contributory Negligence?

Making a claim for compensation if you’ve been injured in an accident can be a stressful and complicated process at the best of times. In order for your injury to be properly assessed, the reports of medical practitioners can be very important in helping determine the eventual success of your claim and the amount you… Read More »Can I Still Make a Claim if I Was Injured in an Accident but Haven’t Been to the Doctor Yet?

None of us truly know what the future holds which is one of main reasons insurance policies exist. In the terribly unfortunate event that you are left ‘totally and permanently disabled’ (‘TPD’) due to illness or injury, and unable to work again, TPD insurance is a policy that once claimed, can help financially support you… Read More »What is a TPD claim?

All accident situations are unique but in cases where your actions may have contributed to the car accident you’ve been involved with, the question of whether you’re still able to make a claim for compensation for injuries you may have suffered can be a complicated one. Expert legal advice from experienced Gold Coast compensation lawyers… Read More »Can I Still Make a Compensation Claim if I Was to Blame for the Car Accident?

Following serious hit and run accidents in Queensland, authorities often make public appeals for help. In most cases they will ask anyone with knowledge of the crash to contact them including, of course, the driver who fled the scene. Sadly, Queensland police have had to turn to the public all too often lately. The most… Read More »What Should I do if I’ve been Involved in a Hit and Run Accident?

Here is the thing about personal injury law: It appears simple, but it can actually be quite complicated. Among other things, lawyers working in this area must determine whether a prospective client has a viable case and what type of claim to pursue. We must also weigh which legal strategy is most likely to result… Read More »What is a Public Liability Claim?

Accidents happen in life. With luck, you hope you’re never involved in a bad accident, whether it be at work, while driving, or during recreational activities. But witnessing a bad accident can also be highly distressing. For some people, seeing an accident happen – particularly if it’s fatal and particularly if it involves a close… Read More »What is a Nervous Shock Claim?

In cases where a person is injured at work, they are generally covered by WorkCover Queensland. This means they’re able to make a claim for compensation through the government scheme to pay for lost wages and required medical treatment until they’re able to return to work. But what happens if you aggravate a pre-existing injury… Read More »How will a Pre-existing Injury Affect My Workers Compensation Claim?

In most cases, Australians hurt on the job can seek compensation through WorkCover. But there is another option. Depending on the circumstances, you may also be able to pursue a common law workers’ compensation claim. Here’s what you need to know about this type of claim, and how to make one. The basics For starters,… Read More »What is a Common Law Workers’ Compensation Claim?

The loss of a loved one in an accident is never an easy time for any family. But if the death was caused by the negligence of another person – what the law terms a “wrongful death” – the dependants of the deceased are able to make claims for compensation which recognise both their financial… Read More »How to Make a Wrongful Death Claim in Queensland

Introduction Motorcycle use in Australia has been steadily increasing since the early 2000s but the percentage of motorcycle registrations only account for around 4.5% of all passenger vehicle registrations. However, motorcycles account for a shockingly disproportionate number (around 15%) of all road crash deaths. Of those road deaths, alcohol and drugs were a causal factorRead More »Who Was to Blame For a Drunken Motorcycle Collision?

Most people are aware that if they are involved in a motor vehicle accident and sustain serious injuries, a compensation claim may be available to them. Generally, if fault can be established, then the injured person is entitled to make a compensation claim against the at fault vehicle’s CTP insurer. However, what happens when the… Read More »What about Unregistered, Unidentified or Uninsured Vehicles?

Most people have never been involved in a car accident and for some people that will stay that way. Unfortunately, through no fault of your own, there is a high chance that during your lifetime you will be involved in at least one car accident. Being involved in a car accident can be an extremely… Read More »What to do if you are involved in a motor vehicle accident?

What is public liability compensation? In the unfortunate situation that you are involved in an accident in a public place, you may be entitled to claim compensation for your injuries. You are potentially able to claim compensation not only for the injuries that you sustain, but for loss of earnings, pain and suffering, medical expenses… Read More »What Compensation Can I Receive From Public Liability Claim?