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Garling&Co Blog

Garling & Co current stenting medical negligence cases

Our clients have been misdiagnosed and undergone unnecessary stenting procedures that may fail or result in some complication in the future....

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May-Thurner Syndrome

May-Thurner Syndrome is a very rare condition that occurs when the left iliac vein becomes compressed by the right iliac artery....

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TPD: What can be claimed, when to claim, and how many times can I claim?

If you didn’t know you could make a claim until some years after the injury, illness, or disease has occurred you will still be able to make a claim under the policy....

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What is the insurers investigation statement?

In workers compensation claims it is not uncommon for the insurer to arrange an investigator to meet up with you for the purpose of obtaining a statement about your workplace injury....

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What do I do if my TPD claim is declined?

In our experience, if TPD claims are prepared properly they are usually accepted by the insurers....

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TPD and salary continuance claims: When should I make a complaint to the AFCA?

The AFCA is the Australian Financial Complaints Authority....

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Medical Negligence -v- Medical Malpractice

The terms medical negligence and medical malpractice describe the same type of claim....

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Stents and medical negligence

As we age, some Australians may experience some heart or vascular problems that require stenting....

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What is mediation?

Mediation is an alternative dispute resolution process involving an independent impartial mediator who assists parties in settling their legal disputes outside of Court....

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Mediation in medical negligence cases: benefits and pitfalls

When it comes to mediating your medical negligence matter, there are a number of benefits to the informal settlement process....

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What type of compensation can I claim in a medical negligence claim?

The type of damages awarded in medical negligence claims are regulated by the Civil Liability Act 2002 (NSW) (CLA)....

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What do I need to prove to be successful in my medical negligence claim?

There are a number of core elements that must be satisfied for you to be successful in your medical negligence / medical malpractice claim....

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The importance of evidence in medical negligence

What evidence do I need to prove my Medical Negligence/Medical Malpractice Claim?...

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Medicare & Centrelink in medical negligence claims

If money is owed to Medicare, then Medicare will deduct the amount from the 10% and refund the remainder. ...

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Risks of cosmetic fillers

Earlier this year Four Corners investigated the first recorded case of blindness from cosmetic fillers and Botox in Australia....

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Complaints to the NSW Health Care Complaints Commission

Complaints to the NSW Health Care Complaints Commission...

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How do medical negligence claims resolve?

There are a number of ways your medical negligence claim may resolve...

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The process of commencing your medical negligence claim

What is the court process in Medical Negligence Claims/Medical Malpractice Claims?...

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Delay, misdiagnosis & failure to diagnose medical negligence claims

An unintentional delay is when there is sufficient information available, but it is for one reason or another overlooked...

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What is a duty to warn & informed consent?

In order to undertake any treatment patients must provide their informed consent....

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Garling & Co settles botched double mastectomy case

In 2018, Garling and Co Lawyers resolved a complex medical negligence / medical malpractice case involving a botched double mastectomy....

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Total & Permanent Disability Claims

The term “TPD” stands for total and permanent disablement....

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What do the definitions on my TPD Policy mean?

What is TPD and what can I claim?...

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Work Capacity Decisions( recent changes)

Work Capacity Decisions are made by a worker’s compensation insurer to determine the work capacity of an injured worker....

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Statutory Benefits under the NSW CTP Scheme – 6 Tips and Traps

Statutory benefits are payable to anyone who has sustained an injury arising out of a motor vehicle accident in NSW. Statutory benefits are payments of weekly compensation and medical expenses for up to 26 weeks (and possibly longer) following a motor vehicle accident....

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Whole person impairment claims – an update

A claim for Work Injury Damages is a claim in negligence against your employer....

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What is a “minor injury” under the new Motor Accident Injuries Act 2017 (an update)

This information is for injuries sustained in motor vehicle accidents which occurred on or after 1 December 2017....

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PIAWE calculation and weekly payments

PIAWE (pre-injury average weekly earnings) should be a fairly simple calculation however insurers regularly get it wrong....

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Sexual harassment in the workplace and an entitlement to compensation

Sexual harassment in the workplace is on the rise in Australia....

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The New Section 74 Notice – Now Called the Section 78 Notice

To decline any aspect of a worker’s compensation claim, the insurer must issue a dispute notice which is now called a Section 78 Notice....

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Termination of statutory benefits under the Motor Accident Injuries Act 2017

Anyone who sustains an injury in a motor vehicle accident is entitled to statutory benefits under the Motor Accidents Injuries Act 2017...

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When Should I seek the Assistance of a Lawyer for my CTP Claim NSW (accident after 1 December 2017)

The new CTP green slip scheme came into effect on 1 December 2017 and new laws were introduced which restricts lawyers from receiving payment for certain services and regulates how much a lawyer can charge for other types of services....

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The dark side of cosmetic breast surgery

Cosmetic breast surgeries are becoming increasingly prevalent in todays society....

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Guide to medical negligence

Have you suffered an injury due to sub-standard medical care?...

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Causation in medical negligence claims

The element of causation is a very difficult to prove in medical negligence claims....

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Can I make a second claim for lump sum compensation for permanent impairment?

The assessment of whole person impairment is now vitally important as it effects all entitlements to workers compensation under the Act....

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Amendments to Section 38 of the workers Compensation Act – continuing workcover payments after 130 Weeks

In August 2016 the Workers' Compensation Act was amended to change a workers' entitlements to ongoing weekly compensation based on the level of permanent impairment obtained....

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Duty of care of head builder to contractors on a job site

A head builder has obligations under the Occupation Health and Safety Act and Regulations to provide a safe work environment....

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What is a “minor injury” under the new Motor Accident Injuries Act 2017

A "minor injury" includes soft tissue injuries and minor psychological or psychiatric injuries....

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Section 59A of the workers compensation Act 1997 limit on payment of medical expenses

Section 59A is an important section of the Workers' Compensation Act as it deals with an injured workers' ongoing entitlement to medical expenses....

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Resolving disputes under the Motor Accidents Compensation Act Dispute Resolution Service (for accidents after 1 December 2017)

The DRS has replaced the Medical Assessment Service (MAS) and Claims Assessment Resolution Service (CARS)....

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Important time limits under the new motor accidents legislation

Strict time limits are in place for motor accident claims....

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A guide for people injured in a motor vehicle accident on or after 1 December 2017

If you have been injured in a motor vehicle accident on or after 1 December 2017 you can make a claim for personal injury compensation under the new CTP scheme....

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Limitation periods: Do you know how much time you have to make your claim?

In personal injury and other civil matters there are time frames in which claims must be brought....

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Workers compensation claims: should you challenge a S74 notice?

What is a Section 74 notice?...

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Changes to the Motor Accidents Injuries Act: How will it affect you?

In early 2017, the NSW Government passed a new CTP scheme under the Motor Accidents Injuries Act 2017....

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5 reasons why you need an expert lawyer in your public liability claim

If you have a public liability claim, you need an expert in public injury law....

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9 reasons why you need an expert lawyer to handle your CTP claim

If you have been injured in a car accident, chances are you can make a claim against the at fault driver’s Compulsory Third Party (CTP) Insurance....

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9 reasons why you need an expert workers compensation lawyer

If you have suffered an injury at work you may be able to make a claim for Workers’ Compensation....

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Injured bull rider wins workers compensation claim

A recent Workers Compensation Commission decision ruled in favour of an injured bull rider being considered a worker....

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Should drivers have to prove they were not at fault in collisions?

Recent evidence suggests that road deaths involving cyclists are down, but there has been a significant increase in serious injuries of cyclists. ...

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What to do if you’re injured in a car accident

This information is for accidents before 1 December 2017...

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Understanding the importance of whole person impairment in compensation

If you have a permanent impairment as a result of workplace injury or illness....

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How do doctors assess the level of WPI for spinal injury claims?

Make a claim for lump sum compensation for permanent impairment....

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Section 39 of the Workers Compensation Act

Amendments to Section 39 of the Workers Compensation Act....

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Legal costs are now payable to assist in challenging a work capacity decision

All legal costs are paid by the workers' compensation insurer and there are no costs payable by workers in challenging the decision....

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The new CTP changes are here

The CTP reform bill was announced yesterday and there will be significant changes to the current system....

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Recommendations for amendments to the workers’ compensation scheme

On 9 March 2017, the NSW Upper House Committee on Law and Justice handed down several recommendations after completing its first review of the Workers’ Compensation Scheme....

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Can I change lawyers during my claim?

You can change lawyers at any time during your claim. This applies to any workers’ compensation claims, motor vehicle claims, or public liability claims....

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How to avoid having weekly benefits stopped at the end of 2017

It is estimated that some 8,000 injured workers will be notified this year that their weekly benefits will cease at the end of 2017....

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Garling & Co wins hit and run comp case

Matthew Garling of Garling & Co Lawyers recently represented Ronald Dowedeit in a motor vehicle accident case against the nominal defendant....

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NSW Government making a huge profit by throwing thousands of injured workers out of the system.

In the coming months, some 7000 – 8000 injured workers will be notified that their weekly benefits will cease at the end of 2017....

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Beware the case conference

Once a claim for workers' compensation is accepted, the insurer will appoint a rehabilitation provider to assist in your return to work. ...

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29 frequently asked questions in motor vehicle accident claims

We have answered the 29 most common questions in motor vehicle accident claims...

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45 frequently asked questions in workers comp claims

We have answered the 45 most frequently asked questions in workers compensation claims...

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How to know if you’re being sexually harassed

What is sexual harassment?...

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Sexual harassment on the rise in Australia

It is suggested by Workforce Diversity Specialist Conrad Liveris that there has been a significant increase in the number of sexual harassment cases in Australia. It is unknown whether there is an increase in sexual harassment behaviour itself, or if more people are aware of sexual harassment and are making complaints....

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The new CTP scheme that gives insurers all the power

The proposed changes to the CTP Scheme will result in up to 90% of injured motorists having to tackle claims by themselves without legal assistance....

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Case study under the new CTP scheme

In a recent article by the ‘Save Our CTP’ organisation they conducted a comparative case study of a real client who had suffered injuries in a motor vehicle accident....

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Hamilton v State of New South Wales (No 23) [2016] NSWSC 1311

On the evening of 12 December 2009, Mr Hamilton was assaulted by a police officer after an alleged confrontation with a taxi driver....

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Bullying In Workers Compensation Claims

The Macquarie University Centre for Workforce Futures conducted an enquiry in relation to allegations of bullying in WorkCover NSW system during 2014 and 2015....

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Whole person impairment claims

If as a result of injury at work you have sustained a permanent impairment....

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Ultimate guide to weekly compensation payments under the WC Act Image not available

Ultimate guide to weekly compensation payments under the WC Act

Payment of statutory workers’ compensation such as weekly compensation is a “no fault” scheme....

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The insurer has declined liability for my claim, what can I do now?

To decline a claim for weekly compensation and/or medical expenses, the insurer must send the injured worker a Section 74 Notice....

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Complete guide to medical expenses under the workers comp system

If you have sustained an injury in the course of your employment, the insurer is required to pay medical expenses in accordance with Section 60 of the Workers Compensation Act 1987....

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Insurers continue to deny reasonably necessary medical treatment

In late 2012 the worker tripped and injured his left knee and right hand while at work....

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Why are medical negligence cases that are settled outside of court kept off doctors records?

Ashley Blundell underwent breast augmentation surgery in 2013 at the hands of Dr Peter Kim. ...

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Workers comp weekly compensation benefits explained in an infographic

Everything you need to know about Workers Compensation weekly compensation benefits (in an infographic)....

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NSW Government overhaul of greenslip insurance

The NSW Government has announced a position paper on the reform of the CTP motor accident scheme....

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How to calculate your pre-injury average weekly earnings

As an injured worker you may be entitled to weekly payments of compensation. ...

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Is the Insurer Delaying Payment of Medical Expenses?

The interests of the injured worker and the insurance company are significantly different. The injured worker wants to receive treatment for their injuries as soon as possible and the insurer wants the injured worker to return to work as soon as possible and pay the least amount of compensation possible....

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Bullying by the insurer in workers compensation claims

The insurers’ main interest is to get you, the injured worker, back to work as soon as possible....

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Legal Costs In Workers Compensation claims explained

Legal support is available for injured workers who need help to make a claim or resolve a dispute about entitlements with their insurer....

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Workers comp medical expenses explained in an infographic

Everything you need to know about Workers Compensation (in an infographic)....

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Injury management explained

Injury management is the safe and long term return to work plan made for an injured worker....

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Insurers to pay for retraining and work assistance

An Insurance company has a variety of obligations to an injured worker, including retraining and work assistance....

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Medical expenses in NSW workers compensation claims

What medical and related expenses does the insurer pay?...

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Public liability claims explained

The law is different depending on the circumstances in which you sustain an injury....

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Risks of settling a CTP claim without consulting a lawyer

If you have been injured in a motor vehicle accident, you may be able to make a claim for personal injury compensation under the Compulsory Third Party (CTP) scheme....

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Pitfalls in personal injury claims

There are a number of pitfalls to avoid in personal injury claims....

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What is a Section 74 Notice?

A section 74 Notice is a written decision from the Insurer declining the claim for either weekly compensation or medical expenses or both....

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Amount Payable for WPI Claims

As an injured worker you are entitled to compensation for your injuries depending on your degree of permanent impairment....

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Big Firm vs Small Firm Compensation Lawyers

Slater and Gordon are a large publicly listed law firm. If you want the law firm representing you to be BIG and think that the name helps scare insurance companies into settlements, then this is the place for you....

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Weekly payments explained in an infographic

Everything you need to know about weekly payments (in an infographic)....

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Sexual harassment in the workplace

What is Sexual Harassment?...

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Dog attacks – who is liable to pay compensation?

Under the law in NSW as the owner of a dog you are personally responsible for any damage the dog may cause. ...

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Work injury damages (part 1)

An employer can be found negligent if they have breached their duty to their employee’s to provide a reasonably safe workplace whilst at work....

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Work injury damages (part 2)

The insurer takes over conduct of the claim and acts on behalf of your employer....

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Work injury damages (part 5)

The current rate of compulsory superannuation is 9% on gross loss or 11% on net loss....

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Work injury damages (part 3)

There are a number of situations where there can be negligence by an employer and also negligence of a non-employer....

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Work injury damages (part 4)

For Work Injury Damages claims against an employer, employees are entitled to claim a lump sum amount for loss of income only....

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New rules for bicycle riders and drivers in NSW

New rules are in place to promote drive and cyclist safety....

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Can a S.74 notice be considered a “work capacity decision”?

The NSW Workers Compensation Commission recently handed down a decision in a matter of Sabanayagam v St George Bank Ltd (2016) NSWWCCPD3....

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Assault and battery in the sporting context

Battery is a tort of law and in a class known as “trespass to the person”. ...

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Garling & Co voted one of the top compensation law firms in Sydney

On 19 November 2015, Australia leading independent legal ranking guide....

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How do I get the best personal injury lawyer for my claim?

The one simple fact smart clients know to get the best injury lawyer for their case......

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Do I need to pay back Medicare at the end of a claim?

At the successful conclusion of your claim you are required to refund to the Federal Government any treatment expenses for your injury that have been paid for by Medicare...

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What happens if my workers compensation claim is declined?

If your workers compensation claim is declined, your Lawyer might be able to challenge it. ...

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An injured workers guide to injury management

Injury management is the planned safe and long term return to work of an injured worker....

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Weekly payments under the Workers Compensation Act NSW

If as a result of an injury at work you are either unfit for work or not fit for your normal duties, you may be entitled to weekly payments of compensation if you are suffering a loss of earnings....

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Only one claim for Permanent Impairment Compensation

The NSW Court of Appeal on 27 August 2015 handed down a decision in the matter of Cram Fluid Power Pty Limited v Green [2015] NSWCA 250....

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Amendments to the Workers Compensation Act

The proposed amendments to the Workers Compensation Acts received formal assent from parliament on Friday 21 August 2015....

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What to do if injured by a car as a cyclist

Riding a bicycle in Sydney can be dangerous....

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What to do if you are injured in a motorcycle accident

It is not something that anyone of us thinks will happen but people are injured everyday in motorcycle accidents due to the fault of another driver....

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10 things you need to know if injured at work

An injury sustained at work can be a stressful time. Recovering from the injury, getting back to work and dealing with the workers compensation insurer is difficult. There are so many unknowns....

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Insider Secret: The ONE industry secret you need to know

Don't settle for the worlds OKAYEST LAWYER!...

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What happens after I complete a MVA claim form?

This information is for accidents before 1 December 2017....

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How to make a claim under the Motor Accidents Compensation Act NSW

This information is for accidents before 1 December 2017....

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Can annual leave be accrued whilst on workers compensation benefits?

A case study on workers compensation and annual leave....

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Superannuation payments while on workers compensation?

Superannuation is generally not payable while an employee is on workers compensation however there are exceptions....

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Workplace bullying – the targets perspective

Are you or someone you know experiencing workplace bullying?...

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Pedestrian accidents and blameless accidents

Amendments to the Motor Accident Compensation Act 1999 includes compensation for "blameless accidents"....

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Slip, trip and falls in supermarkets

If you've slipped in a supermarket, you might have a claim....

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What is an accredited specialist in personal injury law?

An accredited specialist is a lawyer who is an expert in their area of law....

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No win no fee explained

No win No fee cost agreements are also known as conditional cost agreements....

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What is a work capacity decision?

The NSW Workers Compensation system determines a worker’s entitlement to weekly payments of compensation....

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The role of the GP in the Workers Compensation Scheme in NSW

Following an injury at work the first person you normally see for treatment is your local General Practitioner. This doctor then takes on the role as the "Nominated Treating Doctor" for the purposes of the workers compensation scheme....

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Whole person impairment claims

You are only entitled to a lump sum amount of compensation if you obtain an assessment of greater than 10% whole person impairment....

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10 questions you must ask before choosing a compensation lawyer

Ten questions you must ask of any compensation lawyer...

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Garling Lawyers has a new name

Garling Lawyers is now known as Garling & Co Lawyers. We're based in Sydney CBD, NSW....

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