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Will I lose my job because I’m ill?

By | Employment Law | No Comments

You are protected at work from being treated adversely because you have an illness if your employer is aware of your illness.

This means that if you are suffering from an illness or injury your employer has an obligation (under anti-discrimination legislation) to consider making reasonable adjustments (within the capability of the business) to enable you to perform your role.

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Do I have to give my employer a medical certificate?

By | Employment Law | No Comments

If you have taken paid personal leave (sick leave) and your employer requests that you provide a medical certificate, then you will need to comply.

The Fair Work Act 2009 (Cth) (FW Act), section 97 allows you to take paid personal/carer’s leave when you are not fit for work because of a personal illness, or personal injury, affecting the employee; or when you need to provide care or support to a member of your immediate family or household, who requires care or support because of a personal illness, or personal injury, affecting the member; or an unexpected emergency affecting the member.

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Am I still entitled to compensation if I was partly to blame for the car accident?

By | Motor Accidents | No Comments

When dealing with compensation for motor vehicle accidents in Queensland, there are two aspects that you must prove to successfully bring a claim.

The First aspect is with respect to liability or negligence and the second is with respect to the injuries sustained by the negligence and the damages or compensation that flows from that.

If you are unable to prove negligence / liability then you do not recover any damages / compensation for your injury. This means that if the motor vehicle accident was your own fault, you cannot pursue a negligence claim as the accident was your own fault.

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Is there such thing as a stress claim?

By | Workplace Accidents | No Comments

In the current economic client, many workers’ are finding themselves under increasing pressure from their employers to meet heavier and heavier workloads, whilst at the same time having less resources and support available to do so. It is therefore hardly surprising that workers’ compensation claims involving workplace stress are on the rise. In fact, recent figures published by Safe Work Australia suggest that 95% of workers’ compensation claims for psychiatric injuries, in Australia, involve elements of work related stress.[1] This raises the question of in what particular circumstances a worker’s compensation claim based on workplace stress will be accepted?

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What happens in a hit & run

By | Motor Accidents | No Comments

It is an unfortunate reality, but altogether not uncommon, that motor accidents occur in circumstances where the offending vehicle fails to remain on the scene.

If you have been in an accident where you are unable to identify the vehicle responsible, you are still able to bring a claim for any personal injury that you have suffered. In these circumstances there is a State Government insurance fund which is managed by the Government Department known as the “Nominal Defendant” that acts as a compulsory third party insurer of unregistered and/or unidentified vehicles.

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Medical Retirement – What Next?

By | Workplace Accidents | No Comments

In recent years we have seen a significant increase in the number of Police Officers medically retired by the Queensland Police Service (QPS). The majority of those medical retirements have been initiated by the QPS in circumstances where the officer is suffering from symptoms which preclude them returning to first response policing.

Whereas previously officers who were not capable of returning to first response were accommodated within the QPS in alternate roles in recruitment, communications etc these opportunities no longer seem to be available.

Officers should be aware that if they are medically retired they have an entitlement to access Total and Permanent Disablement (TPD) benefits pursuant to their QSuper policy.

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