Legal Compass
Duties and Loyalties of AFL Club Doctors: A Hopeless Conflict of Interest
The legal duty owed by an AFL club doctor to a patient is not lessened by the fact that the person is an elite athlete. In certain circumstances, clubs and the doctors they employ can be held liable for compensation claims related to the medical advice and treatment given to players.
Finding the Right Therapist: A Step-By-Step Guide
Therapy isn’t a one-size-fits-all solution. There are many different types, and what works for one person might not work for another. Booking your first therapy session can feel overwhelming, but it doesn’t have to be. In this blog, Nicole Blazinovic, the in-house social worker at Polaris Lawyers, provides a step-by-step guide to help you find a therapist who’s the right fit for you.
Differentiating between Social Work, Psychology, Psychiatry and Counselling Services
We look at how the different professions of psychology, psychiatry and counselling play a role in your personal injury claim.
Case review – what is a transport accident for the purposes of a TAC claim?
In this TAC case review, an original claim was lodged some years ago and denied by TAC. The claimant appealed that decision to the VCAT and was unsuccessful. Still not satisfied with the decision, he appealed to the Supreme Court of Victoria… and failed again.
Changing lawyers during a personal injury claim
There has long been talk of a revamp to Victoria’s workers compensation scheme, WorkCover. This has now come to fruition, with changes taking effect form 31 March 2024.
$687,207 medical negligence settlement after knee replacement
This case review is a reminder that claims for medical negligence often rest heavily on the expert medical evidence which each party introduces to the Court, and that the evidence of a treating expert is carefully considered by a Court when determining any factual findings.
Medical negligence win against chiropractor
This medical negligence claim against a chiropractor is a reminder of the way that memory changes and shifts over time, the critical importance of thorough clinical notes, and a further warning about the dangers of spinal manipulation for certain patients.
Definition of injury crucial in successful NSW intentional tort claim
An intentional tort is a type of personal injury claim that relates to an intentional act that results in injury. The definition or meaning of “injury” is crucial. It could include, for example, assault, sexual assault and, with this recent judgement, deprivation of liberty or imprisonment.
Changing lawyers during a personal injury claim
Sometimes an injured person may find themselves in a situation where they need to change lawyers part way through their personal injury claim. It is important to be aware of your rights, and the rights and obligations of the law firm, to ensure the least disruption to your personal injury claim.
What happens to WorkCover entitlements if I resign from my job?
When a worker suffers a workplace injury, this can often put a strain on their ability to perform their job as they did before the injury. As this strain continues, the injured worker may consider resigning. However, they need to be aware of the affects resigning from their job may have on their WorkCover entitlements.
Birth trauma compensation claims: a guide for parents
In some circumstances, compensation can be available for injuries caused to you or your baby before, during or after childbirth, caused by negligent treatment or advice given by a health professional. This type of medical negligence compensation is commonly referred to as birth trauma claims.
Case review: WorkCover serious injury certificate granted (Mengot v The Muscle Pot)
In the case of Vedrana Mengot v The Mussel Pot Pty Ltd, the injured worker was awarded a WorkCover serious injury certificate enabling her to pursue lump sum compensation after a workplace injury. Read the case review, including the Court’s considerations, here.
A guide to claiming WorkCover death benefits
In the unfortunate event that a worker dies as a result of an injury or condition at or related to work, a person will be entitled to make a WorkCover death benefit claim for financial support on the grounds that they were wholly or mainly financially dependent on the worker.
Proposed changes for Victorian WorkCover claims in 2024
There are proposed changes to the Victorian WorkCover scheme that we expect to debut in 2024. This blog is aimed at providing a brief outline of the proposed changes for injured workers in receipt of, or claiming worker’s compensation benefits after a workplace accident.
Victorian WorkCover and TAC claims for injuries suffered outside Victoria
When we specifically look at TAC claims after a motor vehicle accident or WorkCover claims after a workplace injury, the benefits and damages you are entitled to depend heavily on the way that you were injured and on where you were injured.
Calculating PIAWE for WorkCover weekly payments
If you’ve had a work-related injury in Victoria, and you’ve lodged a WorkCover claim, you might have heard about PIAWE. Pre-Injury Average Weekly Earnings is a crucial factor in determining how much compensation, in the form of weekly payments for loss of income, you receive while you're recovering.
Arbitration: the alternative dispute process for WorkCover disputes
In 2022, a new process was established to assist in the expeditious resolution of the ever-growing number of WorkCover disputes in Victoria. The new process, Arbitration, was designed to be an easier and faster way for workers to resolve their WorkCover dispute without the need to go to court.
TAC common law claims with a pre-existing injury or illness
Did you know that you can pursue a TAC common law claim in circumstances where you have aggravated an existing injury or condition? You can also pursue a claim where an underlying condition was previously asymptomatic but becomes symptomatic following your accident.
TAC compensation denied to injured pedestrian – case review
In this TAC common law damages claim, the Court could not determine the extent to which the pedestrian’s left leg injury alone caused her various consequences. The Court ultimately concluded that the claimant had not met the criteria for a "serious injury" and was not entitled to compensation.