Work Accidents

Have you recently been injured at work or on your way to or from work? If so, you are most likely entitled to compensation. Get in touch with a great personal injury lawyer now by calling us today!

Car Accidents

Have you recently been injured on the roads as a driver, passenger, rider or pedestrian? It’s likely you are entitled to compensation. Call us today for a no-obligation, confidential chat.

Public Place Accidents

If you have sustained an injury in a public place, you may be entitled to compensation. Contact Law By Dan today to discuss your matter in depth.

Expert Advice with Workers’ Compensation Lawyers Sydney

When an accident happens on the job, it’s natural to wonder about the process of a workers’ compensation claim and how these types of claims work.

An important step a worker or an employee should take after sustaining an injury is to reach out to an experienced workers’ compensation lawyer.

This initial encounter with a workers’ comp lawyer provides an employee with a reasonable estimate of their workers’ compensation claim — the strengths and weaknesses — and the lawyers’ expertise in the case.

A highly experienced workers’ compensation lawyer assists their clients to pursue the compensation they deserve following a workplace injury or illness. Law By Dan can help you choose the right workers’ comp lawyer and get competent medical assistance for employees who have suffered injuries on the job.

How Can a Workers’ Compensation Lawyers Sydney Help You?

A competent worker’s compensation lawyer will help you optimize your workers compensation claim.

Filing a claim may sound relatively simple, something you can do by yourself without any legal help. However, workers compensation claims are often complex with a lot at stake. By choosing the right workers compensation lawyer you can ensure that no stone is left unturned and that the compensation that may be available to you is maximised. Conversely, choosing the wrong workers compensation lawyer will likely mean that the amount of compensation may be less and that due to their inexperience you wait significantly longer for a settlement.

At Law By Dan, many of our workers compensation lawyers are Accredited Specialists. This means that they are leaders in personal injury law.

At Law By Dan, our workers compensation lawyers offer a free, no-obligation consultation and a No Win-No Fee arrangements.

Why Choose Law By Dan to Handle Your Workers’ Comp Claim

In Australia, workers compensation claims are governed by strict time limits. It’s very important that you reach out to one of our workers compensation lawyers promptly.

Our compensation lawyers are highly experienced in all matters relating to workers compensation.

How Compensation Claims Work in Queensland

Queensland has a common law personal injury, workers compensation, and motor vehicle compulsory third party (CTP) system that is based on ‘fault’ determinations.

These systems give injured individuals, employees, and motorists a means of obtaining compensation for their injuries if they are the victims of a personal injury.

Step 1: File your claim as soon as possible.

An injured person’s claim will change depending on whether they slipped and fell in a shopping mall, hurt themselves at work, or were involved in a motor vehicle accident, but the most important thing they should remember in any of these scenarios is to file their claim as soon as possible.

Damage victims may only have 6 months to file a claim for compensation, depending on the sort of injury they had (as is the case with workers’ compensation). If they do not, the insurer (or the party who was harmed) may reject their claim. A claim must be filed within 9 months of the date on which the incident occurred for other sorts of injuries such as slip and fall accidents or motor vehicle accidents, among others. Unless the vehicle at blame can be identified, the time limit for filing an automobile accident claim is just three months.

The insurer/respondents may only accept a claim outside of certain hours if the injured person can demonstrate that he or she has an acceptable explanation for the delay.

Step 2 – Gathering evidence to establish liability

Because Queensland has a common law system that is based on fault, an injured individual will be required to demonstrate that someone else was at fault for the harm. This necessitates the gathering of proof. To begin, images of the area where the damage happened should be obtained as soon as possible. Following that, statements should be obtained from everybody who observed the injury, including the person who was hurt and is drafting a statement for the police. Because some injury claims might take years to resolve, it is critical to gather as much information as possible about the event as soon as possible after it occurs. These documents will be useful at a later date in order to substantiate the validity of the claim.

Step 3 – Reduce the impact of the loss

The second thing that an injured person should be aware of is the process of recovering from their injury.

In every form of claim, the aggrieved party has a responsibility to attempt to minimise their losses. In order to heal from their injuries, individuals must take all reasonable steps to ensure that they do not suffer further harm. It is advisable to heed the recommendations of the treating medical professional, whether it means undergoing surgery, participating in physiotherapy, or receiving counselling services.

Besides assisting in the mitigation of loss, it also assists the wounded individual in regaining his or her previous level of functioning after an accident.

Step 4 – Determine the extent of the damage

After a sufficient amount of time has passed after the damage occurred, the injury will become stable and immobile. This indicates that the injury has reached its maximum recovery potential. Doctors can now provide medical evidence in order to determine the extent of lasting damage that has occurred.

Step 5 – Evaluate the situation

After the assessment of permanent impairment is completed, it is possible to compute the amount of damage. A person who has been injured should keep a record of all of the expenses they have incurred as a result of the injury in order to make these calculations as simple as possible. Medication costs, doctor bills, kilometres travelled to doctor appointments, expenses for any modifications to the home, and time away from work are just a few examples of the types of expenses a person who has been injured should keep track of.

In this case, the injured party can make an offer to the insurer/respondent in order to resolve the claim — here is where the negotiating process begins.

Step 6 – Consult with Law By Dan.

In any event, while claiming compensation, it is important to get legal counsel on the specific facts and circumstances of the case. If an injured individual does not seek legal assistance, it is possible that they would lose out on compensation that they would otherwise be entitled to receive. The concept of damages, statutory refunds, and how to construct a statement of loss and damage are not familiar to the general public. It is possible that the wounded individual may be able to file a claim for total and permanent disability with their superannuation fund, or that they will be able to assert subrogation rights against an income protection insurer.

If you want assistance with filing a claim for compensation, please call one of our personal injury lawyers immediately. We can assist in all compensation matters across Australia.

How Compensation Claims Work in New South Wales

Law of Personal Injuries in the State of New South Wales

Personal injury law in New South Wales is primarily governed by the Civil Liability Act 2002, which was passed in 2002. While Australian case law (commonly known as common law) influenced the development of negligence rules in the country, NSW courts must adhere to the Civil Liability Act 2002 for any claims brought after March 20, 2002.

Personal injury law, as defined by the Civil Liability Act 2002, comprises the following areas:

Accidents involving automobiles, which are also governed under the Motor Accidents Compensation Act 1999;

Medical malpractice, product liability, including recreational and sports activities, and serious injuries are all included under this umbrella term.

While claims for total and permanent disability under superannuation policies, such as those for Total and Permanent Disability, normally fall under the purview of personal injury law, these sorts of claims do not fall under the purview of the Civil Liability Act 2002. It is rather a collection of claims brought under a cross-section of legislation spanning the fields of contract and trust law. Superannuation insurance claims, on the other hand, should be filed in the courts of New South Wales for people who live in the state.

Workers’ compensation claims in NSW are governed by the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998, the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, and the Workers Compensation Regulation 2016. Workers compensation claims in NSW are governed by the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998, and the Workers Compensation Regulation 2016.

More information regarding negligence in New South Wales may be found in our law article, Negligence in New South Wales, which is dedicated to the subject.

Accidents involving automobiles and other motor vehicles

Claims for compensation for injuries received while driving, riding in a vehicle, or walking are covered under the laws of New South Wales. The amount of compensation you are entitled to depends on whether you were at fault or not, or if you were just partially at fault, when the accident occurred.

According to the Motor Accidents Compensation Act 1999, the state of New South Wales has modified its obligatory third-party motor vehicle insurance (known as the Green Slip) to allow people involved in a collision to seek limited compensation based on whether or not they were at fault.

Bringing a compensation claim for personal injuries sustained as the consequence of an automobile accident is possible in New South Wales under the Civil Liability Act 2002 or through your Green Slip under the Motor Accidents Compensation Act 1999, depending on the circumstances.

Bringing a medical malpractice lawsuit

Medical negligence legislation in New South Wales may be a difficult area of the law to navigate. In this procedure, it is necessary to demonstrate that a medical practitioner or service failed to provide an adequate quality of medical treatment, which resulted in a substantial injury. In addition, there are tight time constraints for filing a claim, as well as thresholds and caps on the amount of compensation that can be awarded. In order to determine if you have a valid claim, it is critical to consult with an attorney about your rights and alternatives.

Liability for the general public and for products

Generally speaking, public responsibility is a subset of personal injury law that includes injuries experienced in a public place as a result of the negligence of another party. It entails proving negligence by demonstrating that a person owed the injured party a duty of care, that obligation was broken, and that the damage resulted as a result of the violation. Frequently, public responsibility claims are filed against the insurance policy of the party that was at fault. Under the Civil Liability Act 2002, there are time constraints, caps, and thresholds that must be met.

Although Product Liability is comparable to Public Liability, it is limited to claims for compensation brought against companies for injuries experienced as a result of defective products. It is important to note that the Civil Liability Act 2002 does not exclude claims for faulty items from being brought under the Australian Consumer Law (under the Competition and Consumer Act 2010). The Civil Liability Act 2002, on the other hand, restricts the amount of compensation that may be recovered for bodily harm caused by defective products.

Those who have been injured while participating in a club sport, or even as a spectator, may be entitled to compensation under the Civil Liability Act 2002. Depending on the circumstances, where an injury occurred while participating in a professional sport, a worker’s compensation claim may also be applicable.

Injuries that are serious

Serious injuries are those that alter the course of a person’s life. They are injuries that have occurred as a result of the negligence of another party, and they are claims that frequently overlap with other categories of personal injury claims. The facts surrounding the harm will decide whether or not the Civil Liability Act 2002 will apply in this case.

Compensation for injured workers

Workers compensation claims in New South Wales come within the practise of personal injury law, despite the fact that they are not subject to the provisions of the Civil Liability Act 2002. This field of law deals with the responsibility of businesses and employers to safeguard their employees from injury by complying with workplace health and safety rules.

Following recent modifications to the Workers Compensation Act 1987 and the Workers Compensation Regulation 2016, legal firms are now permitted to disclose information about workers’ compensation claims. Prior to the 16th of December 2016, legal firms were not permitted to provide this type of information to their clients.

Claims are subject to limitations under the Workers Compensation Legislation of New South Wales. If you or someone you know has suffered an accident on the job, it is critical to obtain appropriate legal assistance as soon as possible after the incident occurred.

How Compensation Claims Work in Victoria

Victoria Car Accident Lawyers

In spite of attempts to kerb irresponsible driving and improvements to vehicle safety features, catastrophic injuries are still often sustained in automobile accidents on Victorian roads. Accident victims are frequently eligible to a number of kinds of compensation from the TAC as a result of their injuries. However, it is frequently important to seek legal assistance in order to ensure that a victim receives the greatest financial restitution.

Even if you were the only one who was injured in a vehicle accident in Victoria, there is a good chance that many others were hurt as well – whether as a driver, passenger, or even pedestrian. If you have skilled motor vehicle accident lawyers on your side, you will be able to receive the compensation you are entitled to.

You may have been brought to the hospital, and as a result of that step, a TAC claim is often made to the TAC (Transport Accident Commission), mostly because the hospital seeks to be reimbursed for the services it provided.

In contrast, full education to help you comprehend the TAC’s function and how the TAC is essentially a government insurance firm responsible (in part) for providing you with a large array of benefits for the rest of your life does not take place.

Lawyers for Motorcycle Accidents

There are many motorcyclists who take pleasure in the freedom and adrenaline that comes with riding a motorbike along Victoria’s picturesque roads. In addition, some riders prefer the ease and affordability of riding a motorbike on their daily commutes on Victoria’s freeways, highways, and city streets, including those in the state’s cities and suburbs, such as Melbourne and its surrounding areas.

People who ride motorbikes are also aware of the dangers they face in the case of a collision with another vehicle.

Most cyclists are quite cautious when they are out on the road because they are aware of the danger. In the unfortunate majority of cases, other cars do not use the necessary caution when sharing the road with motorcyclists as they should. The TAC has in the past conducted effective advertising efforts to raise the level of knowledge among drivers, but unfortunately, this level of awareness does not appear to have lasted over time.

Accidents involving motorcycles and automobiles, trucks, and other heavy vehicles can have catastrophic consequences. According to figures from the Transport Accident Commission (TAC), 38 motorcyclists and motorcycle passengers were killed or injured in traffic accidents in Victoria for the year 2018. Motorcycle deaths accounted for 18 percent of all traffic fatalities in Victoria that year, despite the fact that motorbikes account for fewer than 4 percent of all registered vehicles in the state — and just around 1 percent of all miles travelled.

These statistics clearly demonstrate that motorcyclists are at a higher risk of suffering significant repercussions in a collision than other motorists. In addition to a higher chance of mortality, motorcyclists are more likely to suffer significant injuries, such as the following:

• Traumatic brain injuries are a type of brain injury that occurs as a result of an accident.
• Injuries to the spinal cord
• Paralysis
• Internal injuries, such as haemorrhages, are also common.
• Bone fractures that are severe
• Scarring or road burns cause significant deformity.

If you or a loved one has been injured in a motorbike accident in Victoria, get a free consultation with one of our compensation lawyers today.

Workplace Lawyers in Victoria.

Injured employees in Victoria who sustain injuries as a result of work-related incidents may be eligible for a number of benefits under the WorkCover programme. These advantages are as follows:

Expenses for any injury-related medical treatment, including the cost of in-home care if necessary

Compensation for a portion of wages lost as a result of time away from work as a result of a workplace injury

When an injured worker misses work for more than 13 weeks, weekly benefits are normally equal to 95 percent of his or her pre-injury pay for the first 13 weeks, and then 80 percent for the remaining 13 weeks.

The permanent disability must be at least as severe as the statutory minimum level established by WorkCover law, and it must be evaluated by an impartial doctor.

In addition to receiving benefits under the WorkCover system, you may be eligible to file a common law claim for further compensation if you were injured as a result of someone else’s carelessness.

A successful workers’ compensation claim may result in a settlement that is much more than the amount of money available via WorkCover. It is necessary to file a lawsuit in order to pursue these claims, which are distinct from the WorkCover claim itself.

Workers’ compensation benefits that may be collected in a common law workplace accident suit include the following types:

Compensation for your pain and suffering, as well as for the loss of enjoyment of life as a result of the accident.

Your lost wages – both past and future – that have resulted from the accident will be compensated.

In order to file a common law claim, your harm must fit the definition of “severe” as set down by the law.

According to most definitions, a “severe” injury is one that results in at least a 30% impairment rating for the purposes of a WorkCover lump sum award or one that causes at least one of the following:

• A biological function has been permanently and severely impaired.
• The inability to perform a physical function
• Disfigurement that is both severe and long-lasting.
• Psychological or behavioural condition that is chronic and severe
• The death of a foetus

The WorkCover claim procedure is normally initiated by notifying your employer within 30 days of the event occurring. WorkCover claim forms must be completed and sent to your employer, together with a Certificate of Capacity, in order for your claim to be processed. As part of the claim-processing procedure, you may be required to submit to an independent medical examination, and you may also be requested to make a written statement outlining the events that transpired during the collision. WorkSafe Victoria will make a determination on your claim within 28 days of receiving it.

A workers compensation lawyer from Law By Dan can assist you with your WorkCover claim for a workplace injury throughout the whole claim process. We can also assist you if it becomes essential to appeal a judgement affecting your entitlement to benefits.

The first phase in the dispute resolution process is often comprised of a senior agent evaluating the initial decision taken on the claim.

If you do not get a satisfactory outcome at this point, your claim may be forwarded to the Accident Compensation Conciliation Service of the Victorian Government for further consideration. WorkCover and, in certain cases, your employer will be invited to participate in an informal meeting facilitated by the Conciliation Service. The purpose of this meeting is to aid the negotiation of a settlement for your claim.

After unsuccessful attempts at conciliation, the conciliator may either declare a real disagreement or, in the event of a medical matter, submit your case to an independent Medical Panel for further consideration. The Medical Panel is normally comprised of two or three impartial doctors who will analyse the case and offer a response to the medical question that has been posed to them. The judgement of the Medical Panel is normally final, and it is not possible to challenge it to a higher court.

Instead of presenting your case to the Medical Panel, if the conciliator determines that there is a real dispute, you may choose to take your case to court. The majority of cases are heard at the Magistrate’s Court, while some are heard in the County Court as well. You have absolutely nothing to lose by seeking our assistance with your workplace injury claim because at Law By Dan our lawyers work on a “no win, no fee” policy.

The Compensation Process in Western Australia

Personal Injury and Compensation Claims in Perth, Western Australia

The accident and personal injury cases that we handle at Law By Dan are designed to ensure that our clients receive the compensation that they are entitled to. In the event that you are unclear if your injury qualifies for compensation or legal representation, please do not hesitate to contact us so that we can advise you on all of the appropriate services available.

Claims for Motor Vehicle Accidents

Have you suffered injuries as a result of a motor vehicle accident? Regardless of whether you were the driver, a passenger, a pedestrian, or a cyclist, you have the right to file a claim for personal injury. Motor vehicle claims, on the other hand, are subject to strict time constraints, so you must move quickly to preserve your chances of receiving compensation.

Compensation for Workers’ Compensation Claims

If you were injured at work or while travelling for work, you may be eligible to file a claim for workers’ compensation benefits. Our lawyers that specialise in workers’ compensation can assist you in understanding your rights and obtaining any compensation that you may be entitled to following a work-related injury.

Bringing a Claim for Compensation for a Criminal Injury

Criminal compensation may be available if you have suffered bodily or mental damage as a result of a criminal offence, even if the offender has not been prosecuted or convicted of the crime. Getting in contact with us today will give us the opportunity to talk through your claim.

Claims for Public Liability

What if you were harmed on someone else’s property, such as a supermarket, restaurant, or retail business, and they failed to exercise reasonable care? You may be qualified to file a personal injury claim. Our personal injury attorneys can assist you in obtaining the compensation you are entitled to.

Compensation for Total and Permanent Disability (TPD)

Disability insurance may be available to you if you have experienced an accident or sickness that has required you to limit your work hours or stop working entirely as a result of your injury or illness. Additionally, if you are diagnosed with a serious or terminal disease, or if a loved one passes away, you may be eligible to receive TPD.

Compensation Claims for Dog Attacks

After being attacked by a dog and suffering bodily and emotional injuries, you may be able to file a personal injury claim against the responsible party. Our injury claims attorneys work on a contingency fee basis and can assist you in understanding your legal options.

We guarantee that you will not be charged any fees if you do not win.

In addition, at Law By Dan, we provide a no win, no fee guarantee to demonstrate how dependable our services are in the event of an acceptable compensation claim.

The Compensation Process in the ACT

Workers’ Compensation Lawyers

Worker’s compensation is defined as follows:

Unfortunately, despite the fact that everyone has the right to work in a safe environment, many individuals are harmed at their jobs every year as a result of negligence and non-compliance.

Workers’ Compensation assists persons who have been injured on the job in obtaining the compensation they are entitled to receive.

According to the Workers Compensation Act 1951 (ACT), any employee who suffers from an accident or sickness that occurs as a result of or during the course of their job is entitled to compensation in the majority of circumstances.

The procedure for filing a claim

The good news is that the Workers Compensation system in the Australian Capital Territory is more generous than in other areas of the country. The bad news is that this also makes it more complicated, and the laws are continually changing as a result.

This implies that seeking assistance from work injury specialists is critical if you want to receive the compensation you deserve.

You may schedule a no-obligation, no-cost consultation with us either online or over the phone.

Motor Vehicle Accident Lawyers

Accidents involving motor vehicles occur much too regularly, and even the most cautious of drivers might be engaged in one at any point in time.

The procedure for filing a claim

If you’ve been involved in an accident that wasn’t your fault, you may be entitled to compensation; however, you must move swiftly to preserve your rights to compensation.

The Australian Capital Territory and Queensland both have regulations to safeguard you and your family, but there are time constraints in place and the rules are continually evolving.

After you have reported the accident to the authorities, contact us so that we can assist you with the rest of the procedure. If necessary, we may pay you a visit in the hospital or at your residence.

Make an appointment for a no-obligation free consultation with Canberra worker compensation lawyers online or over the phone.

What is the definition of public liability?

People and organisations that are in charge of commercial and private properties bear a duty of care to ensure that their tenants and customers are safe while on the grounds. They are obligated to take reasonable measures to ensure that the property is properly maintained and that it complies with all applicable legal requirements.

Whether you are hurt on a public or private property as a consequence of someone else’s carelessness, you may be entitled to compensation.

Public Liability Lawyers ACT

The filing of public responsibility lawsuits is subject to extremely severe time constraints. In order to preserve your right to sue for damages, you must act swiftly and consult with a lawyer.

Public liability cases necessitate the use of skilled and specialised counsel.

What exactly is medical malpractice?

Patients owe a responsibility of care to the healthcare professionals who treat them. A healthcare professional’s mistake that results in your damage or harm may give you the right to seek compensation.

Negligence may also be defined as the failure to diagnose your problem, the failure to refer you to the appropriate specialist, the failure to advise you of the dangers associated in a procedure, or the failure to carry out an operation with the utmost care and competence.

The procedure for filing a claim

Compensatory damages lawsuits involving medical malpractice are frequently complex and strongly disputed. The need to respond swiftly is crucial since there are stringent time constraints in place.

It is critical that you consult with a legal firm that is highly specialised in medical negligence claims in order to assist you navigate the legal procedure effectively.

Wrongful Death Lawyers

What is the definition of wrongful death?

Unfortunately, people can die as a result of the carelessness of others. There are many various ways in which this might occur, such as on the operating table or as a result of an automobile flaw, but it is always a stressful and devastating event.

Beyond the emotional toll, wrongful death can have a significant impact on the financial well-being of the family left behind, particularly if the deceased was a primary breadwinner. Because of this, there are legal protections in place to assist people recover things like lost pay, companionship, and funeral expenses.

The procedure for filing a claim

Wrongful death claims are often brought by direct family members; however, there are specific circumstances in which life partners, financial dependents, and distant relatives may be able to bring a claim. They have the right to file a claim against anybody who was legally responsible for the deceased’s death.

If you have lost a loved one, it is critical that you engage with wrongful death professionals to assist ease the process at one of the most terrible moments of your life.

Will Dispute Lawyers

What is a wills and estates dispute and how does it occur?

When someone dear to us passes away, it may be difficult – and even more difficult if you think you were entitled to a greater share of the deceased’s inheritance.

Disputes over wills and estates are becoming more prevalent as the nature of modern families continues to shift and change. Fortunately, there are laws in place to assist you if you think you have been subjected to unjust treatment or discrimination. Because these rules differ from one state to another, it is critical to consult with local experts who are well-versed in the relevant legislation.

The procedure for filing a claim

It is difficult to deal with wills and estate claims because they are so personal. No two instances are alike, and each one must be dealt with on its own merits.

The act of contesting a will might be motivated by a variety of factors. There are a variety of issues to consider, ranging from being left out totally to beneficiaries obtaining disproportionate sums, undue influence on the dead, breach of trust against an executor, and more.

This is why it is critical to consult with knowledgeable local professionals who can assist you in determining the best course of action to take in order to protect your lawful inheritance