The process of a work injury damages claim The insurer is then required to decide if they will accept or decline your claim. The insurer will almost always deny a claim for Work Injury Damages on the basis that the employer was not negligent. What happens if the insurer continues to dispute my claim? If […]
Superannuation The approach to payment of superannuation in Work Injury Damages claims was looked at in the case of Najdovski v Crnojlovic 2008 where it was found that superannuation is payable on the gross loss of income not net loss. The Court adopted an approach of using 11% of the net loss of superannuation to […]
Negligence by a Non-employer For instance, if the injured worker is a bricklayer it is likely that they will be working under the instruction or alongside a non-employers such as the head builder, scaffolding company, plumbers and the like. To varying degrees the non–employers owe a duty of care to ensure the safety of others […]