Monthly Archives: May 2015

Domestic Violence Compensation

Domestic violence refers to abuse made with someone you share a house with. It can happen in heterosexual, homosexual, bisexual or transgender relationship. Domestic violence occurs when a person uses violence or abuse to cause fear and physically or psychologically dominate the other. Women and children are the most common victims of domestic violence.

The different forms of domestic violence are:
Physical – direct assault such as slapping, hitting, shaking, biting, pushing, punching, choking, kicking; use of objects or weapons to hurt; withholding food, medication or medical care; sleep deprivation; forcing the victim to take drugs.
Psychological – making threats regarding child custody; destruction of property; abuse of pets in front of family members; driving dangerously.
Sexual – unwanted sex or sexual activity without consent; inflicting pain during sex; genital assault.
Social – isolation from family members and friends; instigating to move to a location where there was no established social circle; restricting the use of phone or car; locks the victim inside the house; preventing the victim to go out and meet people.
Emotional – blaming the victim for all relationship problems; name calling; undermining self-worth or self-esteem; silent treatment; emotional blackmail; humiliation; suicide threats; death threat.
Financial – forbidding access to bank accounts; controlling the victim’s money; providing inadequate allowance; not allowing the victim to seek employment; refusing to give money; coercing to sign documents; using all of the victim’s wages for household expenses.
Stalking – following and watching; tracking with GPS; telephone and online harassment; intimidation.

The law offers protection to victims of domestic violence. A victim can make a police complaint who will lay criminal charges against the alleged offender. Victims of domestic violence are eligible for counseling and compensation. Victims must make an application within 2 years from the time the violence happened. But an application may be accepted after 2 years if there is a good reason why it hasn’t made in time like sexual assault made to minors. It is important for the victim to keep a record of all incidents of violence to form the basis of a complaint.

Who can apply for Domestic Violence Compensation?
• A victim who is injured as direct result of violence, even if they don’t suffer any additional injury
• A person injured as a direct result of preventing someone from committing an act of violence.
• A person who sustains an injury as a result of witnessing an act of violence.
• A family member of deceased victim.
• If a person incurred financial loss.

Compensation programs for victims of domestic violence are state- or territory based in Australia. Each state and territory administers its own compensation program according to its own laws. Compensations are provided according to a schedule of injuries. The maximum amount that can be awarded by the Victim’s Compensation Tribunal is $50,000.00 Compensation for financial loss as a result of domestic violence is $10,000.00 Loss of personal effects maximum compensation is $1,000.00 these amounts are part of the overall maximum compensation amount of $50,000.00

Compensable costs include:
• Medical and hospital expenses
• Loss of income
• Mental health counseling
• Loss of enjoyment of life
• Incidental costs
• Treatment expense such as dental, chiropractic and physiotherapy
• Travel expenses
• Funeral expenses

Give us a call if you are a victim of domestic violence and we will give you advice on your rights, compensation and eligibility.

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AFL on Collision Course with Players over Long Term Injury Claims

Jake King, the former Richmond player, is the latest ex-player to be involved in a legal stoush with the AFL for compensation. King is seeking compensation for a career-ending toe injury, which forced his early retirement in 2014. The legal action is being handled by the AFL Players’ Association on behalf of King. A six figure sum is being sought in compensation and if successful the money would come from an AFL Insurance policy. If King wins his compensation case it could be the forerunner to a host of compensation claims by former AFL players.

The game of AFL at the top level is becoming ever-more faster and ferocious, as players are expected to put their bodies on the line at every contest. Coaches and commentators are constantly reminding us, and the players, that this is the non-negotiable of football. Some would say it has always been so, but the size and the speed of current AFL players has never been greater; making collisions far more likely to result in serious injury. Which we have witnessed already at the outset of the 2015 AFL season, with Western Bulldog’s club champion Tom Liberatore suffering a season ending knee injury; as did Eric Mackenzie and Mitch Brown of the West Coast Eagles; Melbourne’s Christian Petracca; Richmond’s Nathan Drummond; and North Melbourne’s Daniel Neilson. Some players are prone to repeating knee injuries and never regain their AFL playing careers; will this too see increasing claims for compensation? AFL medical experts have previously expressed their concerns via the 2013 injury report, written by Associate Professor John Orchard of the University of Sydney and Dr Hugh Seward of the AFL Doctor’s Association. This report found a 30% rise in knee construction from the previous year, and that over a third of these were actually second knee constructions due to the failure of the initial tendon graft in the preceding year.

In the US, the NFL reached an agreement with ex-players to compensate them with a $765 million settlement for concussion related brain injuries received whilst playing. From some 18 000 former players 4 500 are claiming to be suffering from some sort of dementia, depression or Alzheimer’s disease. The AFL and the AFL Players’ Association are concerned about the possibility of a similar outcome with the game here in Australia; and have enacted rule changes to protect players from head injuries. The question is will these rule changes go far enough to prevent ongoing increases in serious player injury and the resulting claims for compensation?

Looking to talk to someone about whether your sports injury can qualify for compensation lawyers representation? If in Sydney or NSW contact us, if in Melbourne, Brisbane or beyond we can refer you.

The AFL is now a game played by extremely fit large men, with the size of modern players dramatically increasing over recent decades. For example, one of Carlton’s greatest sons, Big John Nicholls, a premier ruckman of the nineteen sixties and seventies was 189 centimetres tall. It is no overstatement to say that BIG John straddled the then VFL competition like a behemoth, punching balls twenty metres down the ground and rag dolling lesser men. The Sydney Swans’ Josh Kennedy, a midfielder, stands today at 188cm. In today’s AFL game midfielders are the size of yester year’s ruckmen and power forwards; no wonder the wrenching turns and crunching collisions are sending those who come off second best to the compensation courts.

Country football and the lesser AFL leagues are also seeing harder, faster football being played and the incidents of serious injury are likewise increasing. In south-west Victoria, Otway Districts club champion Aaron Mahoney tragically died on the weekend, after being tackled. The 24 year old father of two was initially thought to have been winded in the tackle, but support staff, and later paramedics, were unable to revive him and he died at the scene. It is difficult to even consider the issue of compensation in these circumstances, but we must, a young footballer’s family now depend upon it.

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20 Compensation Lawyers in Adelaide

C + F Lawyers

Adelaide-based C+F Lawyers is the creation of Managing Partner Roberto Clemente. Prior to establishing the firm Roberto was a Partner at Paul Alvaro & Co Lawyers. C+F Lawyers is a growing firm specialising in Personal Law, devoted to providing their clients with the best possible result at the earliest opportunity.

Their experienced and approachable team are dedicated to assisting individuals in achieving rightful outcomes. Whether you have suffered an injustice, they will fight relentlessly to make things right.

They firmly believe that their sophisticated and efficient systems will facilitate a timely resolution of your matter.

2A Portrush Road, Payneham
South Australia 5070
Email: info@candflawyers.com.au
Phone: +61 (08) 8368 7000
http://candflawyers.com.au

The advent of the internet has been a boon in the fight for compensatory justice for those who have been injured or adversely affected by accidents at work or play, unfairly harassed or treated, injured on the roads, or in public places, and the myriad of other incidents which contribute to physical and mental disadvantage. In the past sufferers of these, often complex situations, were as likely, not to seek compensation for their misfortunes, thus placing the burden of their suffering on family and friends. The growing proliferation of online compensation lawyers, and their services, has created easy accessibility for those who have been struck by misfortune in all its guises.

“No win no fee” has levelled the playing field for individuals and disadvantaged groups when seeking compensatory justice from larger, wealthier corporations and companies. Online compensation lawyers, here in Adelaide, and throughout the country, have taken the battle to governments, businesses and the like. Health and safety standards in workplaces, and generally, have improved as a result of successful compensation claims. Criticisms of the increased expenses in business, and through rising insurance premiums, miss the point, conveniently forgetting the numbers of workplace accidents and deaths, which have now been dramatically reduced.

In real terms compensation lawyers are putting a price on lives and happiness. Communities are entitled to safe and well maintained public amenities. Employees are justified in seeking compensation in the case of personal injury through workplace accidents. South Australians, indeed all Australians, demand fair and just recompense when they are unfairly disadvantaged. The Internet provides the portal to a swathe of compensation specialist lawyers, here in Adelaide, who are then able to provide their sorely needed services.

The legal profession is one still bound by onerous traditions, some of them good in policing an industry with so many opportunities for unwanted expediencies, but also it has delayed the full uptake of the digital age. The online marketing of compensation lawyers is still in its infancy and the digital spectrum has much more to offer many in the legal profession. Getting out from behind the desk, and the barrister’s wig and robes, is still a challenge for many. Meeting their market through an online presence is an exciting and exponentially growing opportunity.

So if you’re looking for compensation lawyers Adelaide folks, here are 20 top legal firms to choose from …

Tindall Gaskel Bentley Lawyers
08 8212 1077
www.tgb.com.au
With a culture of service, and a determination to get it right for our clients, Tindall Gask Bentley has earned a place of respect in the Australian legal community.

For more than four decades we’ve been finding practical cost-effective solutions to the wide-ranging legal problems upon which we’re asked to assist. Our ethos of empathy for the people who come to us for advice has been nurtured since the firm’s beginnings. It flows naturally from our team-oriented approach.

Together with our diverse span of expertise, it has allowed us to grow into a firm of renowned litigation and advisory specialists who also understand that your best solution can come from avoiding the need to go to court.

PGC Legal
08 8221 6162
www.pgclegal.com.au
Sustained an injury or accident? Want to know if you’re entitled to compensation? Need someone experienced to represent you in your claim for compensation? Contact PGC Legal for a free initial consultation with one of our personal injury lawyers. We apply our years of experience in litigation and dispute resolution matters to provide you with up to date legal advice and strong representation. We help you obtain the best possible outcome.

Websters Lawyers
08 8231 1363
www.websterslawyers.com.au
When you have been injured at work and you’re losing income you need an experienced Workers Compensation & Employment Lawyer on your side to ensure that you receive compensation as quickly as possible for time off work, medical expenses and other costs. Websters Lawyers assist you if you have been involved in a work-related accident.

Adelaide Workers Compensation Solicitors
1800 221 167
www.workerscompensationsolicitoradelaide.com
Our Adelaide workcover lawyers can provide advice and representation on all serious injury, illness, disease, partial disability, total disability and death claims suffered on the job or as a result of your job. Legal representation is available on a No Win No Fee basis. Send an email, or submit a contact form to receive obligation-free legal advice. Our service provides legal advice and representation for workers injured anywhere in South Australia.

PMN Lawyers
08 8212 3566
www.pmnlawyers.com.au
If you’ve been injured at work, in a car accident or through a medical procedure that went wrong, your world gets turned upside down. If your injury has affected your ability to work, you’ll have so many questions. What will I live on? How long before I can get back to work? If I make a claim, how much will it cost me? How long will a WorkCover compensation or personal injury damages case take? PMN Lawyers can answer these and many other questions and help you protect your right to compensation.

Donaldson Walsh Lawyers
08 8124 1811
www.donaldsonwalsh.com.au
There are significant financial and risk management benefits associated with self insurance registration. However self insured employers registered under the state-scheme are under constant scrutiny by WorkCover Corporation. By working closely with self insurers, we help them manage claims appropriately and comply with the relevant legislation and the Code of Conduct. This reduces the risk of loss of licence and of shortened licence renewals. Our Self Insurance & Workers Compensation legal team, which is supported by the DW Workplace Solutions Consultancy  team, is experienced in advising on these complex self insurance issues.

Andersons Solicitors
08 8238 6666
www.andersons.com.au
Unfortunately many Australians are injured every day as a result of accidents that may entitle them to personal injury compensation; workplace injuries including WorkCover, Comcare and Military Compensation claims, motor vehicle accidents, motorbike accidents, bicycle accidents, public liability including slips and falls in public places, medical negligence and faulty products are sadly, common occurrence. If you have suffered an injury that you think may entitle you to compensation, you should contact Andersons Solicitors for a free initial consultation to determine your rights and entitlements. At Andersons, we understand all the processes and procedures required to successfully pursue any claim that may result in compensation for personal injury or death.

Fair Work Lawyers
08 8113 5347
www.fairworklawyers.com.au
Safety and workers compensation is a vital part of any employment or construction related activity. Fair Work Lawyers offers a wide variety of services.

Gallagher Bassett Services Workers Compensation SA
08 8177 8450
www.gallagherbassett.com.au
70% of claims managed worldwide by Gallagher Bassett are workers’ compensation claims. Our track record in this sensitive and highly complex area is extensive and includes major contracts with WorkSafe Victoria and WorkCover NSW. Gallagher Bassett’s workers’ compensation experts help clients assess risk, manage claims, get employees back to work and ensure the outcome is fair and equitable for all concerned. We also work with clients to reduce premiums and minimise risk through detailed reporting and training.  In addition to our contracts with statutory schemes, we act for large self insurers and assist large employers across all jurisdictions, to manage their claims.

Duncan Basheer Hannon
1800 324 324
www.dbh.com.au
Injuries can happen anywhere, anytime and in any circumstances. Duncan Basheer Hannon offers you a clear understanding of your legal rights in any personal injury claim, including the likely level of compensation you may be awarded. Duncan Basheer Hannon is one of the leading personal injury law firms in South Australia. We are committed to not only providing helpful advice but also, to achieving the maximum settlement for your claim so that you are properly compensated for your injuries and have access to the most effective rehabilitation treatment available.

Nick Xenophon & Co. Lawyers
08 8336 8888
www.xenlaw.com.au
Have you been injured at work? Have you suffered an injury because of work? Have you contracted an illness caused by your work? If you have said yes to any of these questions, it is more than likely you can be compensated under the Workers Rehabilitation and Compensation Act 1986 (SA).

Adelaide Medical Negligence Solicitor
08 7201 2069
www.adelaidemedicalnegligencesolicitor.com
Have you been injured due to a medical error or medical negligence? Our Adelaide medical negligence solicitors deal with compensation claims for personal injuries arising out of medical and hospital negligence. Injuries suffered as a result of medical negligence can be severe and life altering.

McKinley Law
08 8267 1555
www.mckinleylaw.com.au
Are you curious about your rights, or seeking assistance in relation to a claim? Complete one of their simple on-line claim forms for informed and sensible advice.

Woodburn & Co. Solicitors
08 8410 5656
www.woodburnsolicitors.com
As a smaller firm, we pride ourselves on being able to offer you personal attention and assistance with every aspect, and at every stage, of your claim.
If you have suffered injuries on the road, at work, or as the result of other mishap, Woodburn & Co Solicitors can help you claim compensation by assisting with lodging claims, representing you in court and at tribunals, organising medical appointments and the payment of medical expenses, and arranging all other compensation payments.

LawAdel Adelaide Lawyers
www.lawadel.com
Accidents, mishaps, and deaths take place at unanticipated times. Are you prepared? Maybe you wish to conserve cash and function as your very own supporter. Lawyers merely play a win-lose sales video game? You viewed the web and believe your technique will certainly prevail in court. Or will it?

Hicks & Co. Barristers & Solicitors
08 8211 9313
www.hicksco.com.au
Established 22 years our Adelaide based lawyers are experts in Family law and Criminal law, including divorce, defacto, property, children, all criminal and traffic charges and licence matters. Our lawyers are skilled in Court and negotiations. Our clients can expect informed, clear and sensible advice based on the law. Our lawyers treat our clients with respect and confidentiality and give prompt, professional attention.

Evans Testa Barrister & Solicitors
08 8263 2400
www.etlaw.com.au
In cases involving work injuries, it is important to obtain early legal advice regarding your potential entitlements. Claims are handled by WorkCover and their claims agents.  Some claims are handled directly by employers and are known as “exempt employers”. There are various entitlements available to injured workers possibly including income maintenance, treatment expenses and rehabilitation assistance. Lump sum entitlements are also payable to workers suffering permanent impairment due to injury.  The guidelines governing these payments are complicated. Evans Testa have vast experience in securing clients payments of compensation and/or damages for injuries sustained in the workplace.

Nowicki Carbone Personal Injury Lawyers
08 8212 4567
www.nowickicarbone.com.au
Our office is staffed by a team of expert compensation lawyers that act on behalf of our clients on a no win, no charge basis. We are passionate about fighting for justice and ensuring our clients are compensated accordingly and are here to help you today.

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