31.05.23
In the realm of professional sports, where feats of athleticism captivate audiences worldwide, a dark undercurrent of head injuries and their consequences has emerged. Recent developments, such as the Senate Inquiry into Concussion and Repeated Head Trauma in Contact Sports and class action lawsuits against major sports organisations, have thrust this issue into the spotlight. The question now looms: who should be held accountable for the compensation of these injured athletes? Evolve Legal Personal Injury Lawyers takes you on a gripping journey through the intricacies of the Australian legal system, examining the complexities of voluntary assumption of risk, the exclusion of professional athletes from workers’ compensation, and the potential role of private insurances. Brace yourself as we uncover the potential paths to justice and delve into the realm of negligence claims. Join us as we unravel the hidden truths surrounding head injuries in professional sports and seek to secure the rightful compensation for those affected. Read More.
19.04.23
In December 2017, Clinton Chadwick was assaulted by a drunk patron at a restaurant and bar called Bucket List Bondi. Chadwick filed a negligence claim against the venue operator and security company, alleging they breached their duty of care by failing to control or evict the intoxicated person. The Court found in favour of Chadwick, stating that the defendants breached their duty of care. However, a 20% reduction in damages was given due to Chadwick's contributory negligence. This case highlights the duty of care owed by venue operators and security guards to patrons, which extends beyond the duty owed by an occupier to a lawful entrant. The ruling also provides an example of how Courts may assess economic loss when a plaintiff's primary income is from social media influence. Read More.
14.04.23
Anna Morgan, a special counsel for Evolve Legal, brings her extensive knowledge of Total and Permanent Disablement (TPD) and terminal illness claims on superannuation to the table. It is common for employees to have a superannuation fund that automatically includes insurance policies. TPD insurance provides coverage for policyholders who suffer permanent injuries or illnesses that prevent them from returning to work. This article outlines the TPD and terminal illness claim process, highlighting the importance of comprehending policy definitions, insured amounts, and payment timelines. Read More.
20.03.23
The evidence presented by the injured party in a personal injury claim is closely scrutinized by insurers and courts, with great emphasis on its consistency with various records. This is because the assessment of damages relies heavily on the accuracy and credibility of the plaintiff’s accounts of their symptoms. If the evidence presented does not align with the plaintiff’s statements, there is a risk that the court will not find their version of events convincing. A recent supreme court case illustrates this point, where the plaintiff’s evidence was deemed inadequate due to inconsistencies with documentation provided by the insurer and medical professionals. Read More.
23.02.23
Have you heard of Claim Farming? or have you been a victim of Claim Farming? Evolve Legal was pleased to hear about the successful prosecution of a company found accountable for the insidious practice. As a result, the organisation was fined 1 million dollars in hope that the financial incentives for other organisations who engage in such behaviour will be eliminated. Read More.
19.01.23
Queensland's road toll in 2022 was the highest in more than a decade, with 299 lives lost. Last year, the state's road toll was the highest since 2009, including 70 motorcyclists, 29 pedestrians and 12 people who died in floodwaters. That toll is also higher than road tolls in New South Wales and Victoria. Read More.
09.12.22
On 22 November 2022, the District Court of Queensland held that Aldi was liable to its employee who sustained a back injury while lifting cartons of tinned tomatoes. The worker was awarded $157,767.71 compensation for her back injury. Read More.
27.07.22
Supreme Court awards Taxi driver involved in Motor vehicle accident over $200,000, even though the car accident injuries/ impact was minor, he had prior medical conditions and the medical expert evidence indicated 0% permanent impairment. Read More.
08.10.21
A recent Supreme Court of Queensland case of has hit home the importance of appropriate training in the workplace for employers, employees and temporary workers. In a nutshell, this case reveals that safety at work is the responsibility for both employers and workers. Read More.
06.09.21
Medical appointments are private – Employers have no rights to attend an injured worker’s medical appointments. If your boss is pressuring you to let them attend your medical appointments, you should tread carefully and protect your rights to privacy. Read More.
06.07.21
If you are struggling with self-care, or need help with daily activities while recuperating, speak to your doctor to get a written recommendation or referral for domestic assistance. Read More.
19.04.21
In a recent finding of Coroners Court of Qld, the Coroner was critical of BHP Billiton Mitsubishi Alliance (BMA)’s attempt to reduce costs by modifying its plant and equipment. The modification of the machinery was done to reduce downtime and costs associated with maintenance Read More.
16.03.21
It is important to be aware of the WorkCover fraud provisions under the Workers’ Compensation and Rehabilitation Act 2003 QLD. The best protection against a fraud is to be full and frank with the insurer and your doctors and keeping the insurer informed of any work-related activities being performed (whether paid or unpaid). Read More.
12.02.21
In Australia, we have a long and proud history of providing legal remedies and access justice where people are injured because someone else was negligent. This means that, generally speaking, you are entitled to compensation regardless of your immigration status. This may include items such as your out-of-pocket expenses, lost income, medical expenses, and rehabilitation costs. Read More.
21.07.20
Under the current Queensland workers compensation system, the onus is on the injured worker to prove that the incident happened. The reason that the Queensland workers compensation system lets down victims of sexual harassment or bullying is that the very design of the system enables the bully or harasser to use their power to avoid a claim. Read More.
