Personal Injury Law

If you cannot identify the other vehicle involved, or if the other vehicle was not registered/insured at the time of the accident, you may still have rights to pursue a claim for damages for injuries you sustain in a motor vehicle accident against the Nominal Defendant. However, there are strict time limits that apply in these circumstances. A claim against the Nominal Defendant must be lodged within nine (9) months of the date of accident. Accordingly it is essential that you seek legal advice promptly.

An insurer may make reasonable and appropriate rehabilitation services available and may fund treatment for injuries arising from an accident. Once a compliant claim is lodged with an insurer we can assist you to request that the insurer fund your request. An insurer may choose to approve or reject a request depending upon the individual circumstances of each claim.

The Workers’ Compensation and Rehabilitation Act 2003 establishes a workers’ compensation scheme for Queensland and incorporates the laws for insurance, compensation and rehabilitation (available during a Statutory Claim) and damages (pursued as a Common Law claim). The essential differences are: –

A Statutory Claim:

• Is available to a worker who has sustained a personal injury arising from employment where that employment is a significant contributing factor to the occurrence of injury;
• Is, in essence, a ‘no fault’ scheme;
• Provides an injured worker with access to medical treatment, rehabilitation and weekly benefits;
• Is focused on a return to work.

A Common Law Claim:

• Generally follows the end of a Statutory Claim;
• Is available if it can be established that there was negligence. That is, where an employer has breached a duty of care owed to an injured worker;
• Takes into consideration all past and future potential loss incorporating economic loss and medical expenses.

If you are injured in an accident and you are partly responsible for the accident that leads to your injuries, your claim for damages may be reduced to account for the degree of your contribution. In certain circumstances, the extent to which a party has contributed to the accident may entirely defeat a claim.

Ascertaining whether a person is a worker or an independent contractor is a complex legal question and depends upon the nature of the working arrangement that exists between them and an employer. Common factors that are relevant to this question include:

• Working hours – who dictates what hours are worked and when? Are the working hours regular or limited to a specific job?
• Manner of payment – is payment made on the basis of an hourly rate, or on the basis of quoted payment for the ‘job’? Just because a person has an ABN and issues an invoice does not mean they are an independent contractor!
• Provision of equipment and tools – who provides the tools, equipment or materials that are required to complete the job?
• Control over work – who dictates what work will be done where, how and when?
• Payment of superannuation and tax – who is liable to pay superannuation?
• Entitlements to leave – is annual leave, sick leave or other leave available? Is this leave paid or unpaid?
• Uniforms – are uniforms provided or worn that suggest the worker is an employee of the business?

Different legal obligations flow from each relationship and, accordingly, it is essential to ensure that careful consideration is given as to whether a person is a worker or an independent contractor. The potential ramifications of failing to comply with your legal obligations (such as a failure to have workers’ compensation insurance) can be disastrous for small and large business. We strongly recommend you seek legal advice for our professional team if you are unsure of the status of your workers/contractors.