Industrial Negligence Claims

What does industrial negligence mean?

Industrial negligence is a claim for compensation arising from injuries in your place of work.  The key difference is most people can not pursue industrial negligence because those entitlements are replaced by Workers’ Compensation under the Return to Work Act.  Although, in certain circumstances workers may have access to industrial negligence compensation in addition to Workers’ Compensation.  Mainly those types of workers would be workers engaged by a labour hire company, where they’re working at a place that’s not their employer or for people that aren’t their employer.  In some cases under the Return to Work Act, if you’ve sustained a significant or serious injury you can still pursue a negligence claim against your employer.

What should you do?

Come and get legal advice straight away.  If there are avenues for industrial negligence, it’s normally important to investigate those as soon as possible.  The key difference between and industrial negligence claim and a Workers Compensation claim is that for workers compensation you only need to show your injury at work.  With an industrial negligence claim, you need to show that someone has done something wrong, or hasn’t done something right that led to you causing your injury.  That requires a lot more factual investigation, obtaining documents, speaking to witnesses.  The sooner you are to start that process, the sooner you are to get the information you need to make the claim successful.  If people think they’re in that category of making an industrial negligence claim, is come and speak to someone straight away.

What should you bring to the first meeting with a lawyer?

Any paperwork they have regarding their employment relationship, payslips, contracts of employment, and letters of engagement.  If any documentation was generated when they were injured, such as an accident report, incident report form, notes from doctors, hospital notes.  These types of documents are a great starting point to take to give initial advice for us to take from there.

 

If you want to find out more about if you qualify for an industrial negligence claim, contact DBH Personal Injury Lawyers today on 1800 324 324, or send us a message.

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Emotional Conflict: Why you need representation in family disputes

Our relationships with our partners and children are personal not legal.  The breakdown of these relationships leaves us at our most vulnerable. Despite the personal nature of these relationships, we face legal issues after separation. 

When assessing your personal legal rights and your children’s legal rights, you can be clouded by emotion.  This usually causes an emotional conflict and it is difficult to deal with without assistance. It is advised that when in this situation, you seek legal advice in the form of Family Lawyers to assess your legal rights and resolve any complex legal issues.

In addition to Family Lawyers, you may wish to engage counsellors or other support services during this time.  This will help you and your children to cope with the emotional conflict.

The role of a Family Lawyer in family disputes is to address the legal issues, identify any risks and assist the parties to come to an agreement or settlement.  During this process, a Family Lawyer will listen to your concerns and attempt to understand your emotional conflict.  A Family Lawyer will separate the legal issues from your emotional suffering.  This separation is difficult to achieve if you represent yourself.  Parties who are self-represented in family law proceedings can become overwhelmed and clouded by their emotions.

At Duncan Basheer Hannon the Family Law Solicitors will attempt to resolve the matter out of court and at minimal cost.  The parties may participate in mediation or informal negotiations.  If you have concerns about the pressures of court and the associated cost, Duncan Basheer Hannon can assist you by attempting to resolve your matter without attending Court.

If you have been served with court documents in the Federal Circuit Court or Family Court it is imperative that you seek legal advice.  There is an imbalance of power when one party is self-represented and the other is legally represented.

In property settlement matters, it is crucial to speak to a Family Law Solicitor about your full legal entitlement. Once you have heard and understood your full legal entitlement, you may wish to engage a Solicitor to negotiate on your behalf, or engage in your own negotiations.

It is imperative, firstly, in Family Law disputes that you understand what your legal entitlement is and what the legal issues are.

So, what step can you take to assist you and your children?

Firstly, contact Duncan Basheer Hannon to book a free thirty-minute consultation with a DBH Family Law representative to discuss the appropriate next step and what your legal rights are.   

Call us on 1800324 324, or send us a message.

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Have you been employed by a labour hire company and been injured on a work site?

If you are employed by a labour hire company or recruitment agency and you are injured onsite, you may have an entitlement to bring a claim under the Return to Work Act 2014.

You may also be able to bring an action under the Work Health and Safety Act 2012 and/or common law.

The recruitment company is likely your direct employer and in South Australia you are not able to bring an action directly against them.

Rather, you may have a claim for various entitlements under the Return to Work Act 2014.

The person conducting the business on the worksite is likely your host employer, and you may be able to bring an action against them under the Work Health and Safety Act 2012.

This Act exists to protect you by guarding against unhealthy and unsafe practices and requires employers to provide a safe environment.

Broadly speaking, this means they have a duty to ensure that you work in a safe environment and you’re not exposed to a foreseeable risk of injury.

Furthermore, the courts have found it is important that employers not only ensure a safe system exists, but they also take steps to ensure those systems are properly implemented in the workplace.

For example, a host employer may still have failed to meet their obligations if:

  • you are not adequately instructed or trained on how to safely use equipment
  • there is no expectation that you use or follow the system
  • you are unable to follow the system due to conflicting expectations from your employer

If you feel you have been injured at work due to unsafe practices, contact one of Duncan Basheer Hannon’s experienced personal injury lawyers for a no obligation first interview now.

Call 1800 324 324 or send us a message to get in touch.

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Duncan Basheer Hannon Promotions Annoucement

Duncan Basheer Hannon is pleased to announce the promotions of Partner Amy Nikolovski to Equity Partner and Associate Katie Sajatovic to Senior Associate from July 1, 2017.

As an integral member of our Personal Injury team since 2007, Amy practices in the areas of Personal Injury, Workers Compensation, Motor Vehicle Accidents and General Litigation.

Amy is also a very active member of the Law Society of South Australia and is currently the Vice President.  She is also a member of the Society’s Council and Executive Board.

Katie Sajatovic has been a key member of our Personal Injury team since her commencement at Duncan Basheer Hannon in 2004.  Katie completed her law degree with first class honours and was admitted to the Supreme Court of South Australia in 2013.

During Katie’s time at Duncan Basheer Hannon, she has been actively involved in Class Action Litigation and Civil Litigation, predominantly in the area of Personal Injury.  Katie also has a particular interest in Medical Negligence Litigation.

DBH Managing Partner Patrick Boylen congratulated Amy and Katie on their new appointments; “Amy and Katie are both highly regarded.  Their promotions are well deserved and we congratulate them on their achievements.  I look forward to their contribution to the clients of Duncan Basheer Hannon for many years to come.”

Click the link below to see Amy Nikolovski and Katie Sajatovic’s promotion announcement in today’s Business Journal in The Advertiser. 

The Advertiser – Tuesday 4 July 2017 – ‘DBH Promotions Annoucement’, page 27

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Advanced Care Directives

What are Advanced Care Directives?

It is a legal document where somebody appoints somebody where they like, know and trust, which we call to be an alternative decision-maker, to make decisions on their behalf to make health and lifestyle type decisions.  This will happen particularly in circumstances where they are unable to make those decisions for themselves.  Whether it’s because they lack mental capacity through accident, injury, infections or otherwise.

Does everyone need one?

I think so, yes.  I think it is important to minimise the stress on family members when you are incapable of making your own decisions.  It will give some guidance to your loved ones as to what is important to you in those stages of life.

Who should you appoint?

Somebody that you trust implicitly and act in your best interests considering how you would like to be treated as opposed to what they want.  Generally, our recommendation is your spouse in the first instance.  We also recommend that you appoint somebody in the alternate so there is some longevity attached to your plan.  In the event that your spouse is unable or unwilling, then an adult child/children.

Is it all about peace of mind?

It is, and also to take the burden off of family members so that they don’t necessarily have to make a decision guided by your needs and wants that are included in the Advance Care Directives document.

 

If you might be interested in getting an Advanced Care Directives document for your peace of mind, contact DBH Commercial Lawyers on 1800 324 324, or send us a message.

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Light sentencing for dangerous driving

Are we happy with the sentences that our courts hand out to hoon drivers? 

A 16 year old convicted of dangerous driving which killed Adelaide mum, Nicole Tucker will be free next April. He could have received a life sentence.

It’s a decision that has sparked outrage in the community.

 

Click the link below to listen to DBH Managing Partner, Patrick Boylen talking with Triple M’s Roo & Ditts and let us know what you think.

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eDivorce: The next step in DIY?

DBH Family Lawyers are part of the divorce digital revolution.

Last year, the Adelaide Family Court introduced the new eDivorce process. This was an exciting new measure to move family law court files online.

Paper divorce applications are being eliminated and all divorce files will be electronic, which means a significant shift away from paper filing (at a family law registry or by post) to eFiling applications for divorce using an interactive online form.

eFiling means your lawyer can concentrate on resolving property settlement and arrangements for children, and you can handle the divorce yourself online. Of course, DBH Family Lawyers are there to help if your divorce is not straightforward.

You will need legal assistance if you are separated under the same roof, or you cannot locate your spouse, or have difficulties serving them with the divorce application. DBH Family lawyers can also assist you in the rare circumstances you need a paper divorce kit.

Where do I start in the eDivorce process?  Visit www.federalcircuitcourt.gov.au/hdi-divorce to assist you with applying for divorce.  Or contact DBH Family Lawyers on 1800 324 324, or send us a message.

 

 

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