Personal Injury
You may have been injured at work or in a car accident or through someone’s negligence. If you are not happy with a decision made by a compensation scheme or want to seek damages under common law, you will need legal advice.
We can help you with WorkCover, Comcare, TAC, negligence and victims of crime claims.
WorkCover
WorkCover is a no fault scheme that provides benefits for people suffering injuries or illness caused by their work.
You make an initial claim by filling in a claim form (available from your employer, from us or from a post office) and lodging it with your employer. While we are happy to help you lodge a claim, you generally do not need legal advice at this stage.
The WorkCover scheme requires you to make reasonable attempts to return to work while you are claiming benefits.
If you are unhappy with a decision made by a WorkCover insurer, your case can be referred to conciliation. You don’t need a lawyer to go to conciliation, but you may find it helpful. You may want to take a friend with you.
If it becomes clear that your injury is serious and permanent you will need legal advice if:
- you want to claim a permanent impairment benefit, or
- you are unhappy with a decision made during conciliation, or
- you want to seek common law damages when you can show that your employer’s or some other person’s negligence caused your injury.
For more information please see the page, WorkCover Explained. If you have any questions about your entitlements or the scheme, please contact us.
Remember your first interview is free.
Comcare
Comcare provides benefits for Commonwealth employees suffering injury or illness caused by their work. People who work for Telstra, Australia Post, Commonwealth government departments and the Australian Defence Force are covered by this scheme.
You make an initial claim by filling in a claim form (available from your employer or Comcare’s web site http://www.comcare.gov.au/compensation/compensation_information_for_employees and lodging it with your employer or direct with Comcare if this is not possible.
While we are happy to help you lodge a claim, you generally do not need legal advice at this stage. However, the law relating to Comcare is complicated. You will need legal advice if:
- Comcare or your employer rejects your claim for compensation or decides to stop payment of some of or all your Comcare benefits.
- You have suffered a permanent injury, in which case you may be able to pursue a lump sum compensation claim or to sue for compensation.
If you have any questions about your entitlements or the scheme, please contact us.
Remember your first interview is free.
Transport Accident Commission (TAC)
The TAC scheme is a no fault scheme that provides benefits for people injured in transport accidents. A transport accident includes one involving a car, motorbike, bus, tram or train. It also includes collisions between a bicycle and an open car door, and between a bike and car when the cyclist is travelling to or from work.
You make a claim by first reporting the accident to the police. Then complete a claim form available from the TAC on 1300 654 329 and submit it to the TAC.
If you are permanently injured you will receive an impairment benefit. However, you must wait 18 months before you can claim it and the TAC will not necessarily assess you for this benefit. You should seek legal advice if you want to claim an impairment benefit.
If you are unhappy with a decision made by the TAC, you should seek legal advice immediately as you only have 12 months to challenge the decision.
Where you can show that another driver’s or person’s fault or negligence caused you serious injury you may be able to claim damages under common law. You should seek legal advice if you want to claim common law damages. Initially we will negotiate with the TAC on your behalf for an appropriate payment. If that fails we will go to court for you.
Our Guide to the Victorian Transport Accident Scheme explains the scheme in much greater detail. If you have any questions about your entitlements or the scheme, please contact us.
Remember your first interview is free.
Injuries caused by negligence
Some injuries are covered by compensation schemes such as TAC and WorkCover. Others may be classed as public liability, product liability, medical negligence and so on.
In all cases, you can make a claim where your injury is caused by the fault or negligence of another person. All these claims have special rules surrounding them. It is important you seek expert advice from us as soon as possible.
Remember your first interview is free.
Victims of Crime Assistance
If you have suffered from physical or psychological harm as a result of a crime, you may be entitled to Victims of Crime Assistance from the Victims of Crime Assistance Tribunal.
You must show the following:
- That you have been the victim of an act of violence punishable by imprisonment.
- That you have reported this crime to the Police.
- That you have suffered injury as a result of this crime.
It is not necessary that anyone be found guilty or even charged with an offence for a person to claim assistance as a victim. The injury you suffered can be physical or psychological.
It can be difficult to claim assistance if you have in some way brought the crime upon yourself, or have a personal history of criminal behaviour.
If you can successfully satisfy these provisions, you are eligible for the following benefits:
Medical and like expenses
These are expenses incurred or reasonably likely to be incurred in assisting a person to recover from an act of violence. It can also include an allowance for travel to obtain medical treatment. You must provide evidence of these expenses in the form of receipts/invoices.
Loss of Earnings up to $20,000.00
You must be able to show that you have incurred a loss of earnings as a result of the act of violence. This is usually done with the assistance of your employer, or using previous tax returns.
Special Financial Assistance between $100.00 and $7,500.00
To claim Special Financial Assistance you must show that you have suffered grief, stress and/or trauma as a result of an act of violence. The amount of this assistance is generally determined by the type of act of violence, or crime.
Counselling Services
It is possible to claim counseling services as part of your claim. These can generally be claimed quite quickly if the need arises and are typically claimed in a similar fashion to medical expenses.
Loss of/Damage to Clothing
You may claim for any clothing damaged in the act of violence. This extends to glasses/sunglasses but does not cover other personal property such as mobile phones and media devices.
You may only claim a total of $60,000.00 plus special financial assistance.
Costs
The Victims of Crime Assistance Tribunal pays your legal costs in relation to Victims of Crime Assistance claims. No amounts can be charged to you by your solicitors without the Tribunal's prior authorisation.
Time Limits
You have two years from the date of the act of violence to make a Victims of Crime Assistance claim. This time limit can be extended in special circumstances on a case by case basis. Please speak to one of our solicitors if you are concerned by this.
Other Victims
It is sometimes possible for related victims, such as those who have directly witnessed an act of violence, to claim for assistance. There are also benefits available to family members when a person has died as a result of an act of violence.
Who will look after you?
John McPherson is an Accredited Specialist in Personal Injury Law. Born and educated here, he has worked in Bendigo as a lawyer since 1992, and as a partner in the firm since 1994. John is a state committee member of the Australian Lawyers Alliance, and a member of the Law Institute of Victoria's Specialist Accreditation Committee for Personal Injury Law. He is currently the chair of the Committee of Management of the Advocacy & Resource Centre in Bendigo, a body which includes responsibility for the Loddon-Campaspe Community Legal Centre.
Ian Dallas is also an Accredited Specialist in Personal Injury Law. With a background as a barrister in Melbourne, and associate to Supreme Court Judge Sir James Gobbo (later Governor of Victoria), he has worked as a lawyer in Bendigo since 1990, including the Legal Aid Commission of Victoria. He has been a partner in the firm since 1994. An active member of Amnesty International with a keen interest in human rights, and a current member of the Australian Lawyers Alliance, Ian has been involved in a number of local community organisations in a leadership position. He enjoys spending time in his garden, with his family, cycling, rowing and if you look closely, you may see him under the dragon, Sun Loong, at Easter.
Debbie Lawn has a long history working in personal injury law for JN Zigouras & Co in Carlton and Mildura. She moved to the Bendigo area in 1999 and has been with Arnold Dallas McPherson since then. Debbie also has expertise in employment law.
Fran Medina joined the personal injury team in early 2006. After 10 years working at Slater & Gordon and Maurice Blackburn Cashman, large personal injuries firms in Melbourne, she made a lifestyle choice to move to Bendigo with her two small children. Community involvement and assisting others are part of Fran’s philosophy. She is a member of the board of Righteous Pups, and enjoys cycling.
Lachlan Singe joined the firm as an articled clerk (a trainee lawyer) in 2004, and has developed expertise in personal injury law rapidly since that time. He was raised in Bendigo and has extensive family links in the area.