Compensation Update – April 2020
Published on April 24, 2020 by Hanaan Indari
April 2020
Welcome to Carroll & O’Dea Lawyers’ Compensation Newsletter.
Firstly can I thank you for being a client of Carroll & O’Dea Lawyers and in that context I’d like to welcome you to the first of our newsletters looking at compensation issues affecting Australians, including now as we face the challenges and issues of living in a world changed by COVID-19.
Every few months we’ll share with you some of the latest news and developments across this important area of law for Australians. And of course if you have any questions, don’t hesitate to contact me.
Hanaan Indari, Deputy Managing Partner,
Carroll & O’Dea Lawyers
Email: enquiries@codea.com.au
Phone: 1800 059 278
COVID-19 and Workers Compensation
Disease is included in the definition of injury under the Workers Compensation Act and as a result
COVID-19 may be a compensable workplace injury if work activities were proven to be the main contributing factor to contracting the virus.
Carroll & O’Dea Lawyers have developed a special guide on ‘COVID-19 & Workers Compensation – What NSW Workers Need To Know’ and you can read here.
This guide is of relevance to a wide range of occupations such as health care, aged care, paramedics, police and the like. If you have any questions in relation to COVID-19 and Workers Compensation, contact us on 1800 059 278.
Ruby Princess and Coronavirus in Australia
The controversy over the decision to allow 2700 passengers disembark the Ruby Princess liner in Sydney – and the contribution to the spread of COVID-19 across Australia – has brought into focus important legal questions including liability and potential compensation.
Our lawyers have been examining these issues and you can read them here.
Jelena Prodanovic – A significantly foreseeable incident? Questions are many but answers are few in the ‘Ruby Princess’ controversy – read here.
Nada Najjar – Criminal Investigation intensifies spotlight on Ruby Princess Scandal – read here.
ABC investigation finds children’s access to disability funding impacted by where they live
The ABC has published a recent report claiming children with developmental delays such as autism are facing extensive delays in being diagnosed – a crucial step before they can access the National Disability Insurance Scheme.
The ABC said its investigation report “exposed how a child’s access to early intervention therapies under the multi-billion dollar scheme can depend on where they live, in what some are describing as “developmental apartheid”.
The ABC said the key points of its investigation included:
- ABC Investigation finds children with the disabilities in poorer areas are facing longer wait times
- One child waited 697 days to be seen, with another on the list for 640 days before being assessed
- Parents have described the stress their families have endured while they wait.
Read the full story here.
Carroll & O’Dea Lawyers joins legal sector in helping out in bushfire crisis
Carroll & O’Dea’s Anne Kinnear featured in a recent article about how the Australian Legal Community
is coming together to support communities and charities in the wake of the devastating bushfire crisis.
Assistance in the form of pro-bono legal services and monetary donations have been provided from
law firms across the country including Carroll & O’Dea Lawyers – we have targeted our assistance to
providing time off for staff to volunteer to organisations working in bushfire relief as well as fundraising
for the NSW RFS, Victorian Country Fire Authority and the Koala Hospital in Port Macquarie.
Read the full story here.
What challenges do Commonwealth workers face in compensation?
If you or someone you know is a Commonwealth employee, it’s important to know that there are key
differences in how the Commonwealth Workers Compensation Scheme operates compared to say NSW.
For example in cases where a Commonwealth employee is injured and lodges a claim for compensation,
there is no time frame within which the insurer must make a liability decision.
There is also nothing to prevent insurers ‘doctor shopping’ and nothing requiring employers to provide
an injured worker with alternative duties when liability for an injury is disputed.
The Firm’s Laura Flanagan has written this invaluable summary to the key differences in the
Commonwealth Workers Compensation Scheme – read here.
Personal Injury and Compensation FAQs
There are many different elements to a Personal Injury claim and at Carroll & O’Dea Lawyers we are trying to keep it as simple as possible to understand the process. In this and in future editions of the Compensation newsletter we’ll be looking at all aspects of compensation and personal injury claims and explaining them in plain language.
Today we answer the question – What is the difference between a civil case and a criminal matter?
In a criminal matter the Crown prosecutes the defendant (an alleged wrong-doer who has been charged with a crime). The Court decides whether the defendant is guilty “beyond a reasonable doubt” of the alleged offence. If the defendant is found guilty the Court hands down a punishment to the person who committed the offence, often by the imposition of a fine or custodial sentence. For the wrong-doer to be punished it must be established “beyond a reasonable doubt” that the person is guilty of a crime.
Your personal injury case is a “civil” case which involves claiming damages or compensation for injuries with a view to placing you, the plaintiff, in the position you were in prior to the accident, in so far as money can do that.
A civil personal injury case is not about punishing the defendant but is about giving compensation to a plaintiff, who has proved his or her case “on the balance of probability”.
That’s the difference between a civil case and a criminal matter.
T: 1800 059 278
E: enquiries@codea.com.au
W: www.codea.com.au
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