FIFO workers and journey claims – WorkCover or not?

FIFO workers and journey claims – WorkCover or not?

The first question in this monthly segment is actually quite a tricky one because it inadvertently touches on every piece of personal injury legislation, it covers the concept of “no-fault” cover and fault cover and confronts situations where you have crossovers between the three pieces of legislation. To answer the question we are going to keep it super simple.  The Basic Concept: If your injury involves a motor vehicle (either registered / unregistered / or unidentified) then your personal injury claim is governed by the Motor Accident Insurance Act (MAIA) and Regulations; If your injury occurs at your place of work […]

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Part 2B: Why No Bike Helmet? Injury Lawyer’s view

Part 2B: Why No Bike Helmet? Injury Lawyer’s view

I’ve taken an interest in the divide between wearing or not wearing bicycle helmets because I am genuinely curious to find out why people wouldn’t do something so simple. So far my interest has resulted in two blogs (this being the third): Part 1: I put the statement “No-one wears helmets” out into a public forum and I received various responses from both sides of the fence;  and Part 2A: I looked at the traffic laws and a court decision where a person disputed his fine using similar logic to other non-helmet wearing riders (and failed). Now it’s time to look at […]

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Rising Death Rates – 40km/hr or Less Speed Zones

Rising Death Rates – 40km/hr or Less Speed Zones

If you told me that a person could die in a road related accident in the 40km/hr or less zone I simply would not have believed you. Sure a person can get injured but for the injuries to be fatal would have seemed like a stretch. Tragically, though, you would have been correct. In the last 25 years there have been approximately 276 deaths caused by accidents in the 40km/hr or less zone. I say approximately because there are 1,334 deaths where speed was not known or not correctly recorded. It might not sound like a lot, but its very close to […]

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It Can Happen To Anyone At Anytime

It Can Happen To Anyone At Anytime

Imagine this. You and your partner both work. You both have good jobs. Your weekly bills include rent or a mortgage, food, petrol, entertainment, utilities etc etc. But that’s OK because your incomes easily account for these expenses. Your lifestyle matches your income. Then one day, your partner is really badly injured in a completely unexpected car accident. You can’t work because you need to stay at home and look after your partner. You didn’t take out income protection insurance because you didn’t think you would ever need it. Your partner can’t claim worker’s compensation through a journey claim because they […]

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Part 2A: Why No Bike Helmet? Applying Traffic Law

Part 2A: Why No Bike Helmet? Applying Traffic Law

The first post in this three part series looked at the general public’s response to the question below Why don’t people wear bicycle helmets? … And the response was quite surprising to say the least. Now we take a look at what the law requires and the difference between “traffic law” (which is about punishing) and “personal injury law” (which is about compensating).   Traffic Law: The Rules The road rules that apply to Queensland can be found in the Transport Operations (Road Use Management – Road Rules) Regulation 2009 but to keep it simple we’ll call it the “Queensland Road Rules”. The […]

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