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Nov 09

The lesson in Digby v The Compass Institute Inc and Anor [2015] QSC 308 (‘Digby’) is that insurance defence surveillance and social media accounts such as Facebook can be critically serious to a workers compensation negligence claim if not managed early and properly by a personal injury lawyer Brisbane.   Read the rest of the entry...

Oct 18

With the Melbourne Cup fast approaching, it is natural for people to scramble looking for the latest information on their horses to determine a winner. However, not many people look into the condition of the jockeys and how their own injuries may affect their performance in the upcoming races.

The most recent concern is Ryan Moore’s neck injury threatening his ability to perform as well as he did last year as the star of the Melbourne Cup riding Protectionis

Racing injuries may be fairly common though in the sport of horse racing. Sadly, there have been a number of serious accidents in the past few years that horse racing enthusiasts have witnessed in the Queensland State.

Last year, Rockhampton jockey Ms Carly-Mae Pye sadly passed away from severe head, neck and chest injuries while racing at the Rockhampton racecourse on 13 October 2014. The 26-year-old was riding her horse, Pye, when it broke its two front legs and fell on top of her during a jump-out trial race.

On June 2013, Group-One winning jockey Grant Cooksley suffered chest and internal injuries including a suspected punctured lung and broken ribs when he was tossed from his horse Stargrill Boy during an Eagle Farm Brisbane race.

Five-time winner of the Adelaide jockeys’ premiership, Jason Holder, suffered a head injury during another Eagle Farm Brisbane race when he was thrown to the ground after his horse Oscar fell in the Te Rapa Handicap. The accident occurred on 15 January 2009.

Head, Neck and Chest Injuries

Regardless of how an accident occurs, an injury to the head, neck or chest can cause significant health problems and its severity may even be catastrophic depending on the circumstances. While many horse racing enthusiasts may hear of these injuries occurring on the track, the sad reality is that these injuries may also be fairly common during regular activities such as driving on the road or engaging in regular work duties.

Motor Vehicle Accidents

A motor vehicle accident may result in severe injuries from whiplash effects, blunt force impact, lacerations or impalements from shrapnel and flying materials.

It is very important that both drivers and passengers wear their seatbelt while they are aboard a vehicle in order to mitigate the damage caused by a collision.

Failing to do so may result in contributory negligence if the medical evidence shows a causal connection between the injuries sustained and the failure to wear a seat belt. This means that your claim for compensation may be reduced or removed entirely depending on the circumstances.

Workplace Compensation & Workplace Accidents

An accident that arises during the course of employment may be a serious problem for workers and their families, especially if their ability to earn an income is severely affected.

One of the challenges that most workers face (especially in heavy labour industries such as construction, mining, factory, farming, etc.) is successfully arguing a continuing impairment with the WorkCover insurance company in order to keep their benefits.

An even more extreme problem for some workers arises when WorkCover dispute that the worker’s injuries fall within the relevant legislation. This issue must be treated very seriously because a shoddy attempt to bring the decision to a review may result in a rejection and the cost of an expensive and lengthy appeal.

DO NOT Take a Head, Neck, or Chest Injury for Granted

There are many circumstances where victims of an accident may be reluctant to pursue their legal rights further. If the extent of an injury is difficult to determine, or if there are circumstances to the accident that may be complicated, it is important to consult with a legal professional that you can trust.

In a motor vehicle accident, a victim may be reluctant to ‘sue’ the responsible party if that party is a family member or close friend.

In a workplace accident, a worker may not want to lodge a workers compensation claim because they may feel that they will be treated differently in the workplace, be laid off by the company, or experience other negative treatment because their injuries have been brought to light.

The problem with this mentality is that failing to exercise your legal rights may adversely affect your ability to recover from your injuries or provide support for yourself or your family. While maintaining a positive relationship with the at-fault party is certainly an important consideration, it should not be the sole determinant for choosing whether or not to pursue a claim.

An accredited specialist in personal injury can help you clarify the law so that you can be well informed on which course of action is best suited for your circumstances.

East Coast Injury Lawyers is led by accredited specialists in personal injury who can help you. All you need to do is contact us by filling out our case review form or calling us at 1300 720 544.

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Insurance paying transportation costs after a car accident? Ask a Personal Injury Lawyer Brisbane!

Our Brisbane staff has received an enquiry on whether a victim of a car accident can compel the insurance company of an at-fault vehicle to pay their transportation costs to attend medical treatment.

The short answer is it depends on the circumstances of each individual case. But an accredited specialist in personal injury may be able to help you in your circumstances by developing a strong legal argument that can successfully support your claim.

When does the insurance company of the at-fault vehicle have to pay?

According to the Motor Accident Insurance Act Qld(MAIA), once liability is admitted, the insurance company MUST make payments for private hospital, medical and pharmaceutical expenses reasonably and appropriately incurred because of the injury. This also includes reasonable rehabilitation expenses.

Does the definition of ‘rehabilitation’ include transportation?

Under the definition of "rehabilitation" in s4 of the MAIA, it does NOT include transportation so technically, the insurance company might not have to pay for transportation costs according to the statute by implication.

However, this is NOT the end of the argument for our clients. East Coast Injury Lawyers has successfully argued for our clients’ rehabilitation costs.

How do we further define ‘rehabilitation’?

In the case of McMullen v Suhr, the claimant was a paraplegic who suffered spinal injuries as a result of a motor vehicle accident where the compulsory third party (CTP) insurer admitted liability.

The CTP insurer initially agreed to pay the victim’s house rent as part of her rehabilitation. Later, these payments were disputed because they did not fall within of the meaning of s51 of the MAIA and were not a ‘reasonable’ outlay pending trial.

Byrne J held that rehabilitation services must be considered in a BROAD sense.

He also held that the MAIA obliges the insurer and claimant’s to ‘cooperate’ with each other to bring about exchanges between the parties that will work with the law, promote rehabilitation, and save on time.

In the case of Aldridge v Allianz Australia Insurance, the Brisbane Supreme Court held that provision of an existing residence modified to meet a paraplegic’s needs was considered to be a reasonable rehabilitation expense.

In this decision, Applegarth J held that: “Short-term measures may be reasonable and appropriate if they enable the applicant to restore, as far as reasonably possible, physical or mental functions, and to optimise, as far as reasonably possible, the quality of her life.”

Thus, if you have been injured in a motor vehicle accident where the CTP insurer has admitted liability, it is critically important to find a personal injury lawyer that can effectively apply the law in your circumstances.

How East Coast Injury Lawyers Can Help

East Coast Injury Lawyers is a personal injury law firm with multiple offices in Queensland including Brisbane, Gold Coast, Beenleigh and Cairns. Our firm is led by accredited specialists in personal injury who have experience in both plaintiff law and insurance defence.

Why Choose a Lawyer with Experience in Insurance Defence?

A personal injury lawyer who has experience representing insurance companies will have a practical and extensive knowledge of how these companies operate and how best to apply the law in your circumstances. Accredited Specialists in personal injury who have defended insurance companies will know the arguments that the insurance companies will use against you and work diligently to limit their effect on your legal rights to compensation.

What Will East Coast Injury Lawyers Do For Me?

Our firm will guide you throughout the entire process of lodging a personal injury claim for a motor vehicle accident. We will ensure that your claim is lodged on time and with accurate documentation to prevent any unnecessary delays or costs.

If the insurance company has admitted liability and you are faced with financial hardship, East Coast Injury Lawyers will endeavour to negotiate with the insurance company so that you can receive treatment as soon as possible while you wait for your personal injury claim to settle or go to court.

How can I contact East Coast Injury Lawyers?

Contact us by calling us at 1300 720 544 or filling out our case review form.

  Read the rest of the entry...

Injured workers in Queensland may finally have access to justice with the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015.   Read the rest of the entry...

Sep 14

WorkCover Queensland has a fairly easy online system in order to lodge a WorkCover claim. But is there more to the process than simply applying?  Read the rest of the entry...

Aug 06

Brisbane WorkCover FAQS From Our Clients

Thursday, August 06, 2015

However, many of these enquiries are similar in nature, albeit with slightly different answers depending on the unique circumstances of the client, the nature of the accident, and the severity of the injury.  Read the rest of the entry...

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015.  Read the rest of the entry...

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