23rd Aug 2015

We confirm that among the changes to the law of workers compensation effected by the 2012 Legislative amendments, was a change to claims for lump sum permanent impairment compensation. In the case of injuries suffered on or after 19 June … more

31st Mar 2015

Hetariki & Ors. v. AM Legal Compensation Lawyers acted on behalf of the dependents of an individual sadly fatally injured in a car accident on the way home from work. The accident arose prior to the 2012 Workers Compensation Legislative … more

30th Apr 2012

Yes. The insurer can apply to the Workers Compensation Commission for an order for repayment and the WCC can order repayment of payments for a period not exceeding two years (or any longer/shorter period it considers appropriate). The repayments can be … more

14th Apr 2012

a) The insurer must do so within 7 days unless there is a “reasonable excuse” not to do so eg there is a lack of medical information, it is unable to contact the claimant for more information etc (See WorkCover guidelines); b) … more

7th Apr 2012

The damages that can be recovered are damages for monetary losses ie economic loss, loss of superannuation, damages representing the amount of tax paid on prior statutory wages benefits. This publication is not legal advice. It is intended as a source … more

21st Mar 2012

The landlord needs to take care to avoid foreseeable risks. Reasonable steps depend on the circumstances of the case. A landlord must not let premises that s/he knew or ought to have known were defective. For liability to be established there … more

14th Feb 2012

Yes, in accordance with Section 138 of the Motor Accident’s Compensation Act (NSW) 1999 the court must make a finding of contributory negligence in certain circumstances including the injured person was driving under the influence of alcohol or drugs (convicted of … more

3rd Feb 2012

The injured worker can recover “make-up pay” provided the Workers Compensation Commission finds the following i) determines the probable earnings but for injury; ii) determine current earnings or ability to earn on the open labour market; iii) subtract the figure in step … more

26th Jan 2012

A claim must be made within six months. In any event it is not a bar to a claim for compensation if the failure was occasioned by ignorance, mistake or absence from the state and a claim is made within three years … more

21st Jan 2012

The workers compensation legislation says that compensation is only payable in respect of employment connected with NSW. It says that a worker’s employment is connected with a) the state in which s/he usually works; b) if one can’t identify a state … more

Compensation FAQ - AM Legal Compensation Lawyers                                

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