While some employees may have welcomed the opportunity to work from home, others may be struggling to cope with the disruption. Individuals and businesses are experiencing unprecedented challenges due to the COVID-19 outbreak that continues to hold the world and the economy to ransom. Nevertheless, employees must understand their rights in these unprecedented times.

If you are lucky enough to have kept your job through the pandemic and are working from home, you may have had to make several adjustments to your home, and your family life. Your employer has a legal duty to provide you with a safe working environment, even when you are legally required to work from home. Unfortunately, while the home is typically a safe haven, accidents can happen all too easily. If you have been injured while working from home, you may be entitled to claim workers compensation.
 

Know Your Rights.

If you have been injured while working from home and can prove that you have been injured as a result of your work activities, you may be able to claim compensation on a no-fault basis through WorkCover. However, it may be challenging to ascertain whether you were acting in the course of your employment, and therefore each case is assessed on individual merit.

Your employer’s responsibilities include:

• Making sure that your work environment meets workplace health and safety requirements.
• Conducting a risk assessment.
• Provides a working from home policy that includes;
• clear instructions on how to perform your work tasks safely;
• details regarding when, or how your employer can inspect your premises;
• information on how employees should report injuries when they occur.

Your health and safety is also your responsibility when working from home, and you must ensure that you follow all health and safety policies issued by your employer.

Regardless of whether your injury is physical or psychological, you may be eligible to claim workers compensation. Trilby Misso Lawyers are personal injury compensation experts based in Queensland. If you have been injured while working from home, we can help you obtain the compensation that you are entitled to, on a No Win, No Fee basis. Regardless of the circumstances of your injury, if you think that you may be entitled to compensation, call our experienced personal injury lawyers to obtain professional legal advice. At Trilby Misso, we offer a no-obligation case review during which we will ascertain whether you have a valid claim. Strict time limits apply for WorkCover compensation claims, it is advisable to obtain legal advice as soon as possible after receiving an injury.

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If you, or someone you know, has been involved in a road traffic accident you are most likely to be feeling overwhelmed at the prospect of making a claim. The process may seem very complicated and stressful, but the results will be worthwhile. You can manage a claim for CTP insurance yourself, or you could save yourself a lot of stress by engaging a lawyer to process a claim for you. Trilby Misso Lawyers specialises in Personal Injury Law and can help you navigate the complexities of the CTP claims process on a ‘No Win, No Fee’ basis.
 

What Is the Claim Process?

CTP insurance covers the owner or driver of a vehicle against compensation claims when they are involved in a road traffic accident in which someone is injured or killed. As per MAIC, individuals who can prove their injuries were caused by another person’s negligence may be eligible to claim compensation. However, individuals who were partially responsible for the accident may be entitled to a reduced claim.  If the vehicle that caused the accident was uninsured or unregistered, you might still be able to make a claim. However, it is recommended that you seek professional legal advice before completing a CTP claim form.

There are specific steps that must be taken before you can make a claim. If you have been involved in a road traffic accident, the law requires that you report the incident to police as soon as practicable. CTP claims can only be processed once the matter has been reported.
 

To-Do List

• As per MAIC, if you have not already reported the accident to the police, you should complete a ‘Report of Traffic Incident to Police Form’, and deliver it to the police station. Forms are available for download from MAIC.
• Record your version of the incident using a ‘Notice of Accident Claim Form’ available for download from MAIC.
  • The ‘Notice of Accident Claim Form’ includes some certificates that must be completed, including:
    • A Medical Certificate to be completed by your doctor.
    • A Claimant Certificate to be completed by you.
    • A Law Practice Certificate to be completed by your lawyer.
  • In some cases, you may be required to provide further information such as details of your financial losses in which case you will need to complete the ‘Additional Information Form’ which can be downloaded from MAIC.
• You will also need the details of the “at fault” vehicle’s insurer which you can obtain from the owner/driver of the vehicle or the Motor Accident Insurance Commission on 1300 302 568.

The Eight Step CTP Claim Process

Once you have completed the form and attached all relevant documentation, medical certificates and receipts relating to your treatment, you can lodge your claim. Strict timeframes apply to the lodgement of CTP insurance claims, so you must complete and submit your forms as soon as possible.
 

Timeframe to Make a Claim

CTP legislation in Queensland adheres to strict guidelines regarding timeframes for lodgement of notice of claim. Your claim must be lodged:

• Within nine months of the date of the accident;

or

• Within one month of engaging a lawyer to manage the claim.

(whichever is the earliest)

You can make a CTP claim independently; however, it is advisable to obtain legal advice in the first instance to ensure that you receive the amount of compensation to which you are entitled.  CTP Insurers are not under an obligation to ensure you are compensated fairly or have claimed all that you are entitled to.

Trilby Misso Lawyers are specialists in Personal Injury Law and will complete and lodge your claim for you within the specified timeframe. CTP claims typically take between 12 to18 months to settle, but more complicated claims may take up to three years to reach a settlement. We operate on a ‘No Win, No Fee’ basis, which means that there’s no risk and you won’t pay a cent upfront for our services until we reach a satisfactory financial settlement. The quicker we get started, the sooner you will achieve a financial settlement.

Give Trilby Misso Lawyers a call today on 1800 TRILBY (1800 874 529) for a ‘no obligation’ appointment to discuss your claim.

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Trilby Misso had the vision to build a law firm with a strong focus on helping those less fortunate, and that’s precisely what he did in 1956. Hilton Misso followed in his father’s footsteps and joined the firm in 1964 and went on to be Managing Partner in 1973. In a historical move, Trilby Misso Lawyers pioneered the “No Win, No Fee” approach to legal services. The law firm acted on their conviction that all people should be able to access legal help despite their financial circumstances. The “No Win, No Fee” arrangement is now a very common agreement used in most cases of compensation law. 

Based in Brisbane, Trilby Misso Lawyers extend their reach to cover the whole of QLD and other Australian states and territories. With extensive past achievements such as the winner of The 2009 Telstra Queensland Medium Business of the Year Awards and The Australian Business Awards for Service Excellence 2010, Trilby Misso continues to raise the bar in the provision of superior legal services. A deep passion for justice drives the Trilby Misso law firm to continue evolving. Delivering compensation law services that never compromise the firm’s core values, Trilby Misso Lawyers always obtain the best possible outcomes for all clients.

As personal injury compensation experts, we seek justice and financial redress for personal injuries suffered due to negligence, accidents, occupational disease and other causes. As a long-established firm with extensive experience in compensation law, Trilby Misso Lawyers understands the significant stress that personal injury can place on the injured person and their family members. We have fine-tuned the art of empathetic listening and implement trauma-informed practice to ensure that our clients receive the highest level of respect and understanding. If you have experienced a personal injury of any kind, please contact us today for a no-obligation free case assessment. Trilby Misso Lawyers specialise in motor vehicle accidents, workplace injury, public liability and product liability claims and Total and Permanent Disability (TPD) compensation claims.

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WorkCover claims are a complex process and it pays to get professional legal advice before accepting any statutory offer. If you have suffered an injury at work it is highly recommended that you obtain legal advice from personal injury lawyers at Trilby Misso Lawyers to ensure that you receive your maximum entitlements.

WorkCover Queensland is the exclusive provider of workplace accident insurance in the state. People who have been injured at work are entitled to compensation regardless of their employment status. WorkCover compensation is available for full-time, part-time, permanent and casual employees, regardless of who is at fault for injuries sustained.

There are two types of claims you could make if you are injured at work:

1. Statutory (No-Fault) Claim.
2. Common Law Claim.

Statutory Claims

Statutory compensation claims are paid regardless of who is at fault for the cause of the accident and resulting injury.

Statutory benefits may include:

• Weekly payments for wages lost due to injury.
• Payments for hospital, medical and treatment costs.
• Lump sum payment as compensation for permanent impairment.

An injured employee does not need to prove that their employer is at fault to be able to make a claim and making a statutory claim is the quickest way to obtain benefits. However, lump sum payments for statutory compensation claims are typically smaller than common law lump sum payments, despite the severity of the injury.

Common Law Claims

Many workplace injuries are avoidable, however, accidents can and do happen. Common law damage claims are based on the negligence of the employer or of a fellow worker. Injured employees who can provide irrefutable evidence that their employer or a fellow worker was negligent can pursue a common law claim for compensation.

Common law damages may include compensation for:

• Pain and suffering.
• Economic loss including loss of income and superannuation payments.
• Past, present and future medical treatment including rehabilitation, pharmaceutical expenses, care assistance, aids and equipment.

A common law compensation claim can only be pursued after a statutory claim has been lodged and accepted by WorkCover Queensland or the self-insurer.1

Lodging a statutory claim is complicated, and claims agents who often undergo limited training may neglect to inform you of your entitlement to lump sum compensation and your right to appeal an offer. Misinformation and mistakes in the claims process could mean that you lose thousands of dollars in potential damages.

Common mistakes include:

• Failing to report the injury in a timely manner.
• Poor record keeping.
• Non-compliance to medical advice.
• Inconsistency in the specifics of the accident and injury.
• Failing to seek professional legal advice.

A failure to seek legal advice is one of the most common mistakes people make when making a WorkCover claim. The reality is that many people are lulled into a false sense of security by insurance companies who seem eager to ‘help’. However, the complexity of the system and limited knowledge, means that agents will often neglect to tell you of your rights and full entitlements to compensation or damages.

During the statutory claims process, you may receive Notice of Assessment. This document provides valuable information such as the Statutory Lump Sum Offer and your Degree of Impairment (DOI) value (%). The percentage of impairment is an indicator of the seriousness of the injuries sustained and has a direct impact on your ability to lodge a common law claim for damages. Your decision to accept the Statutory Lump Sum Offer is irrevocable and you may not be able to lodge a common law claim thereafter.

For this reason, it is absolutely essential that you do not respond or accept the statutory offer without first obtaining expert legal advice.

References

1. Workers’ compensation. (2020). Retrieved 5 February 2020, from https://www.qld.gov.au/jobs/entitlements/compensation

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The claims process is complex, and accidents caused by recklessness or negligence can be a legal minefield. Personal injury lawyers at Trilby Misso Lawyers provide expert legal advice and can help clients to lodge their compensation claim within the specified timeframe. Our experienced lawyers will work with you to ensure that you get the compensation to which you are entitled.

What Is the CTP Scheme?

Queensland operates a fault-based common law Compulsory Third Party (CTP) Scheme that provides protection for motor vehicle owners, drivers and passengers against compensation claims if they injure another person in a road accident. Compulsory Third Party (CTP) insurance is a mandatory requirement in every state in Australia. To register, or renew the registration of a vehicle in Queensland you must have CTP insurance, and your premium is included in your vehicle registration fees. Upon payment of your registration through the Department of Transport and Main Roads (DTMR),  the applicable premium is remitted to your nominated CTP insurer.

CTP insurance provides unlimited liability when the injured person successfully identifies the driver at fault and can prove that the person is guilty of negligence. Those individuals who are found to be partially responsible for the accident may be entitled to a reduced claim.  The CTP Scheme ensures that the injured party receives prompt medical treatment, rehabilitation and timely compensation after an accident.

If the offending motor vehicle was uninsured or unregistered, the injured person might still be able to make a successful claim with the help of a lawyer. You can communicate with the insurer directly and make a claim for CTP insurance independently; however, placing a claim can be a very complicated process, and claimants are advised to seek professional legal advice.

Timeframe to Make a Claim

It is important to remember that QLD CTP legislation has strict guidelines regarding timeframes for lodgement of notice of claim.

Notice of claim must be made:

• Within twelve weeks of the accident occurring, if the claim is given to the ‘Nominal Defendant’ due to the motor vehicle not being identified.

Otherwise:

• Within nine months of the accident if the symptoms of injury are not immediately apparent;

or

• Within one month of engaging a lawyer to manage the claim.

*Claims are generally rejected if lodged outside the timeframes. Timely lodgement of a claim will ensure rapid access to treatment for injuries sustained and rehabilitation if required.

Motor vehicle accidents and catastrophic injuries are traumatic events that can impact every aspect of a persons life, and the death of a person due to a vehicle accident is something that has far-reaching consequences for those left behind. Post-accident, you will need the help of legal experts that are knowledgable and sympathetic to your situation. Save time and effort, and eliminate extra stress by engaging a legal professional to act on your behalf. Individuals who choose not to obtain the help of an accredited specialist in personal injury law may experience significant delays in accessing funds, these delays can be avoided. Our experts at Trilby Misso Lawyers will help you to take the first step towards recovery.

Contact Trilby Misso Lawyers to discuss your claim free of charge.

References

1. Safety Statistics | Bureau of Infrastructure, Transport and Regional Economics. (2019). Retrieved 21 January 2020, from https://www.bitre.gov.au/statistics/safety
2. CTP Insurance Qld – MAIC Qld – greenslips.com.au. (2019). Retrieved 20 January 2020, from https://www.greenslips.com.au/ctp-insurance-qld.html

Queensland Government. (2020). The Motor Accident Insurance Commission Annual Report 2018-19. Retrieved from https://maic.qld.gov.au/publications/annual-report-2018-19/

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The definition of ‘total and permanent disability’ (TPD) is inconsistent across the insurance industry. In insurance terms, TPD is defined by your personal circumstances and the type of insurance policy you have in place. Insurance companies differ in their interpretations of what they consider ‘total and permanent disablement’, therefore it is essential that you obtain a clear understanding of your policy. As with any insurance policy, it pays to read the small print as it will clearly define the parameters of your cover. TPD insurance provides a lump sum payout in the event that you become permanently disabled due to illness or injury that leaves you unable to work again.

Total and permanent disability is when:

• Due to illness or injury, you are unable to work in your usual occupation.
• Due to illness or injury, you are unable to work in any occupation.

• In case, you are considered to be unable to accumulate superannuation in the future.

Generally speaking, TPD affects your ability to work and socialise, and also greatly impacts your ability to conduct activities of daily living.

TPD cover is obtained either through your superannuation fund or as separate insurance cover. Default TPD cover is cover that is applied by ‘default’ upon joining your super fund and yields a significantly lower payout than other independent policies. Default cover can be as low as $80,000 and up to $400,000. Most separate funds provide TPD cover of approximately $3-$5 million for individuals between the ages of 15 and 70 years old.

* As per ‘SuperGuide’, Australia’s leading provider of information on superannuation and retirement planning, Super funds only offer “any occupation” TPD cover, as opposed to “own occupation” cover.1

How Do You Know If You Are Eligible to Claim TPD?

To be eligible to claim TPD, you must meet the definition of what is considered to be ‘permanently incapacitated’ as per the Superannuation Industry (Revision) Regulations and meet other eligibility clauses as detailed in your policy.

If you suffer from an illness or injury that leaves you totally and permanently disabled, you may be able to claim on the policy purchased as part of your superannuation policy or other life insurance policy. If you have a permanent disability, a lump sum payout can provide you, and your family, peace of mind. A TPD payout is often used to pay everyday living expenses as well as, medical costs and debts such as your mortgage. It would also help to establish a new lifestyle that better suits your physical and medical requirements. Receiving a lump sum payout through your superannuation when you are incapacitated can provide an incredible amount of comfort, and you may be able to claim more than once if you have multiple policies.

Do I Need a Lawyer?

Insurances policies are notoriously difficult to understand, exclusions and eligibility clauses in a policy’s fine print are often the reason that claims are denied. A lawyer will help you to understand the conditions of your policy, ascertain what you are entitled to and will navigate the complexities of filing a claim on your behalf. You may be entitled to a TPD lump sum payment through your superannuation, and a lawyer will assist you in making additional claims through other insurance policies.

If you or a family member is permanently incapacitated, it is essential that you obtain professional legal advice. An empathetic lawyer understands the impact that disability has on every facet of an individuals life. A legal professional will understand how TPD claims ultimately provide vital financial security and the means to build a life that supports your future financial and everyday needs.

References

1. Vanem, L. (2019). TPD insurance through super: A Definitive Guide. Retrieved 1 October 2019, from https://www.superguide.com.au/accessing-superannuation/how-long-does-tpd-approval-take

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What is CTP Insurance?

Compulsory Third Party (CTP) insurance covers the owner or driver of a vehicle against compensation claims in the event that they injure or kill someone in a road traffic accident. As per MAIC, individuals who can prove they were not at fault when injured during a motor vehicle accident are eligible to claim compensation. However, if those individuals can prove that they were partially responsible for the accident, they may still be entitled to a reduced claim.  Even if the vehicle that caused the accident was uninsured or unregistered, a person might still be able to claim, but it is recommended that they seek professional legal advice.

Timeframe to Make a Claim

CTP legislation in Queensland adheres to strict guidelines regarding timeframes for lodgement of notice of claim.

Notice of claim must be made:

• Within twelve weeks of the accident occurring, if the claim is given to the ‘Nominal Defendant’ due to the motor vehicle not being identified.

Otherwise:

• Within nine months of the accident if the symptoms of injury are not immediately apparent;

or

• Within one month of engaging a lawyer to manage the claim.

*Claims are generally rejected if lodged outside the timeframes. Timely lodgement of a claim will ensure rapid access to treatment for injuries sustained and rehabilitation if required.

What Can I Claim?

Claims are assessed on individual merit, but generally speaking, depends on the type and severity of the injury sustained, as well as personal circumstances. Compensation claims for motor vehicle accidents could include:

• The cost of medical treatment.
• Rehabilitation.
• Long-term care and ongoing support services.
• General damages for severe injuries also cover pain and suffering.

*Additional claims may be applicable, but depend on personal circumstances, the percentage of impairment, and impact on the level of independence.

Fatal Injury

Relatives and dependents of the person who sustained fatal injury may also be eligible to make a claim for compensation covering:

• Funeral costs.
• Financial loss due to the death of an income provider. This may be claimed by a spouse or de-facto partner, dependent children and other dependents.

*If a CTP compensation claim is successful, and over $5000, the insurer may be required to repay any benefits or payments that the injured party received through Medicare, Centrelink or WorkCover.

How Can I Make a Claim for CTP Insurance?

Making a CTP insurance claim is complicated and can be a cause of significant stress for the injured person and family members who may be responsible for making a claim at a very traumatic time. As per the ‘Eight Step CTP Claim Process’ below, there is a strict timeframe that applies to all claims and the process requires a multi-disciplinary approach to achieve a satisfactory outcome. It may seem relatively easy for the injured person or family members to lodge a claim, but in reality, the additional time and effort it takes to make the claim can add a lot of pressure to an already difficult situation.

The Eight Step CTP Claim Process– QLD

A good lawyer will provide professional legal advice about your rights and will navigate the complexities of making a claim on your behalf. Your lawyer will understand the impact that a multi-trauma accident or, death due to a vehicle accident, can have on a family. Ultimately, a successful CTP claim will provide financial security for the injured party, peace of mind for family members and assurance that future financial and everyday needs are met.

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Public liability is a component of Tort law or compensation law that covers civil wrongs. Compensation law is constantly evolving, but the scope of public liability remains consistent, covering all claims except workers compensation, vehicle accidents and medical negligence.

Public Liability Claims

Many people are unsure of what kind of injury constitutes a public liability claim. The term “public liability” alludes to claims made for accidents that occur in public places such as parks, high streets or other open spaces. However, other types of public liability claims include:

• Business premises liability
• Rental property claims
• Faulty product claims

Businesses, individuals and public entities have a responsibility and a ‘duty of care’ to ensure that people entering their space will be safe from physical or mental harm. Individuals who are injured as a result of a failure of ‘duty of care’ are entitled to seek compensation with a negligence claim under common law.

Common public liability claims include:

• Physical and sexual assault
• Injuries that occur in public places such as:
  • Parks
  • Amusement and entertainment venues
  • Rental premises
  • Private property
  • Schools and schoolyards
  • Shopping centres or supermarkets
• Food Poisoning
• Sporting injuries
• Boating injuries
• Recreational injuries

If you have suffered any of these injuries, have photograph or video evidence, or have witness statements proving that you were injured due to a lack of duty of care, you may be eligible to make a claim. If you have suffered any of the injuries listed above, please give us a call at Trilby Misso Lawyers for a free assessment.

How Much Can I Claim?

The amount of compensation that you may be entitled to will depend on the circumstances of the accident, such as:

• The severity and extent of your injuries
• Your age
• Your employment history
• The amount of wages lost since the accident, and anticipated future loss of wages and superannuation
• The extent of medical treatment and assistance required
• Ongoing medical costs
• How much care you require now and are likely to need in the future

The prospect of going to court prevents many people from seeking professional legal advice, however, in the case of public liability claims, most cases are negotiated and settled through mediation. Public liability compensation claims that are negotiated through discussion in this manner typically take anywhere up to 18 months to process. Compensation claims that end up in court may take in excess of two years to achieve a resolution.

If you have suffered an injury due to negligence, it is vital that you ascertain your rights and file a claim for compensation as soon as possible. Strict timeframes apply to public liability claims, and you are encouraged to seek professional legal advice within 12 months of the incident occurring. Claims are generally rejected if lodged outside the timeframes, so timely lodgement of a claim is essential.

Trilby Misso Lawyers offers a free initial consultation, and all claims are conducted on a “No Win, No Fee” basis. If you have been hurt in an accident, don’t suffer in silence or brush it off as “unimportant”, contact Trilby Misso Lawyers to discuss your rights today.

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What is a Costs Agreement?

A costs agreement, with the exception of a ‘conditional’ costs agreement, is a written offer provided by a law firm that can be accepted in writing or by other means as stated in the offer. The costs agreement made between a client and a law firm is a legal document and is enforceable in much the same manner as a contract.2 Costs agreements may also be conditional, whereby some, or all legal costs are payable upon the successful outcome of proceedings.

Types of agreements:

• Costs agreement- Payment for fees and expenses are outlined and payable regardless of the final outcome of the matter.
• Conditional costs agreement- These agreements outline all fees and expenses that are contingent on a successful outcome.

Law practices offer these types of agreements to accommodate the varying financial circumstances of their clients and the varied legal matters.

Uplift Fees- What You Need to Know.

Queensland first allowed legal practices to charge an uplift fee of an additional 50% on top of their legal fees in 2004.3  Today, the uplift fee is capped at 25% and compensates a law firm for the ‘risk’ associated with conditional agreements and is payable once the matter is successful. The ‘uplift fee’ is commonly added to conditional costs agreements and can send legal costs sky-rocketing.

 Reasons why the ‘uplift fee’ is warranted:

• The law practice shoulders the risk of undertaking work for which there is no guarantee of payment.
• The law practice must pay all costs incurred as the matter progresses, including wages, expenses and overheads.
• Compensation for the delay in payment of legal costs.

The uplift fee must be clearly identified in the costs agreement, which must include a ‘fee estimate’ and a clear explanation of how the fee is calculated. In some cases, it may be difficult to provide an exact total amount as the uplift fee may be impacted by a range of factors such as:

• Delays in obtaining instructions and vital information.
• The complexity of the matter and changes that occur as the case progresses.
• Whether legal experts or Barristers are engaged.
• How long it takes to settlement.

Trilby Misso Lawyers Make Justice Affordable

The ‘uplift fee’ is well justified in terms of the risk factor associated with legal matters that have an unpredictable outcome and little to no guarantee of payment. Likewise, lawyers are equally justified to request payment for professional services rendered. However, poor access to justice is a well-publicised problem in Australia, and despite reforms, many people still cannot afford to pay legal costs. With many Australians reportedly experiencing ongoing financial stress, the current economic climate calls for a change in approach to legal, financial agreements.

Trilby Misso Lawyers, Queensland, is sympathetic to this situation and has removed the ‘uplift fee’ from their conditional cost agreements. This move aims to ease the current financial burden that many injured Australians face. By excluding the uplift fee, Trilby Misso Lawyers has drastically reduced legal costs for its clients, making justice affordable and obtainable.

References

1. Information Sheet for Legal Practitioners. 2018. Retrieved 25 November 2019, from http://www.legalservicescouncil.org.au/Documents/information-res/Costs_Agreements.pdf.
2. Legal Profession Act 2007 (Qld) s.5.326. (Austrl.).

Legal Profession (Barristers) Rules 2004. (QLD)

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In 2018, Professor Peetz was appointed to conduct the second review of the scheme after which 57 recommendations were made including 15 legislative amendments. The amendments will be introduced progressively beginning 30 October 2019 to 1 July 2020.

The Bill implemented several amendments, including a change to the definition of ‘psychological injury’ according to the recommendation made by Professor Peetz. The definition of ‘psychological injury’ was reverted to a previous definition whereby a workers job is now considered to be a ‘significant contributing’ factor, rather than ‘the major’ factor.

This amendment came into effect on 30 October 2019. The change in wording, albeit slight, highlights the connection of an individuals job to their psychological or psychiatric injury.

A test for psychological and psychiatric injury is conducted to ascertain whether the injury arose “out of, or, in the course of” employment. The Bill now enforces recommendations that vulnerable individuals, who have a psychological or psychiatric injury, are to receive early intervention and better support to minimise the impact and duration of the injury.

Statistics

• Poor mental health currently costs Australian businesses approximately $6 billion per annum.
• The Australian Institute of Health and Welfare estimates that around 45% of Australians between 16-65 will experience mental illness at some point in their life.

The recent amendments could greatly impact companies that have a high volume of psychiatric and psychological injuries but ultimately means that those workers will receive the care they need as early as practicable. Additionally, the amendments now mean that all claims will be under full Work Cover entitlements. Overall, the changes could result in an increase in approved compensation claims and an increase in successful claims.

The ‘Gig Economy’ and Compensation Entitlements.

The gig economy has been thriving in Australia and New Zealand since the global financial crisis, with temporary, contract and freelance work now a very common method of supplementing income. The Uber driver is an example of a ‘gig economy’ worker.

There are many positive aspects to working in the ‘gig economy’ however, many workers harbour unrealistic expectations about their earning capacity, which ultimately leads to increased mental strain and anxiety.

The Queensland Government recognises that injured gig workers do not have the same protections offered by Queensland’s worker’s compensation scheme.3  There is no single ‘gig’ industry, and ‘gig’ workers can be found across most industries throughout Queensland, and therefore claims are assessed on individual merit.

According to the Consultation Regulatory Impact Statement- Workers’ compensation entitlements for workers in the gig economy and the taxi and limousine industry in Queensland, gig workers commonly have existing socio-economic vulnerabilities and other additional pressures such as:

• Responsibility for their insurance, superannuation and tax.
• No access to entitlements.
• ‘At’ or ‘below’ the standard pay rates typically enjoyed by a worker in an employed capacity.
• Lack of access to union support and therefore lack bargaining power, placing them at increased risk of exploitation.

Under the revised ‘Bill’, insurers now have an obligation to ensure that workers who are claiming for psychiatric or psychological injury receive ‘reasonable services’ such as:

• Mediation services
• Counselling services
• Medical treatment
• Medication
• Nursing care

‘Reasonable services’ are to be provided to the claimant, by the insurer, until such time that the claim is either approved or rejected. Decisions are generally made promptly to facilitate a fast and safe return to work.

Conditions for a Successful Compensation Claim.

Insurance or compensation claims are assessed according to very specific conditions. In general, the injury must have been caused by, or exacerbated by the individuals’ job or workplace, as a result of a single incident or may have developed insidiously over time. There may be other contributing factors, the circumstances of which would need to be assessed on an individual basis.

Examples of contributing factors include:

• Armed robbery
• Violence
• Workplace bullying
• Harassment
• Excessive workload

Psychiatric or psychological injuries that are related to the workplace can impact every area of a workers life. The sooner an injured worker files a report, the better, however, workers with psychiatric or psychological illness are vulnerable individuals who often require professional help to navigate the complexities of the claims process.

Unfortunately,  compensation claims for psychological illness are often rejected due to the difficulties in ascertaining whether the injury was caused by work or other factors. People who have a psychological illness or injury are strongly encouraged to seek professional legal advice to discuss their case.

References

1. What you need to know about the latest changes to the Workers’ Compensation scheme in Queensland – National Retail Association. (2019). Retrieved 4 November 2019, from https://www.nra.net.au/nra-legal/what-you-need-to-know-about-the-latest-changes-to-the-workers-compensation-scheme-in-queensland/
2. Work-related psychological health and safety: A systematic approach to meeting your duties. (2019). Retrieved 8 November 2019, from https://www.safeworkaustralia.gov.au/doc/work-related-psychological-health-and-safety-systematic-approach-meeting-your-duties.

Consultation Regulatory Impact Statement-Workers’ compensation entitlements for workers in the gig economy and the taxi and limousine industry in Queensland Workers’ Compensation and Rehabilitation Act 2003. (2019). Retrieved 5 November 2019, from https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0011/177347/ris-gig-taxi-limo-industries.pdf

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