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Dental Negligence Compensation: Can You Sue Your Dentist?

Every dental practitioner is expected to keep the health and wellbeing of their patients at the forefront of everything they do. And in almost every case, this is true. However, from time to time something goes wrong, and a mistake is made. Again, in most cases, these mistakes are trivial, and no lasting harm is done. But in a handful of cases each year in the Australia as well as the UK and the USA, a dental practitioner or other medical staff working in the dental sector, makes a mistake that leads to the harm of their patient. And in these cases, a claim for compensation based on this dental negligence is possible.
Within this page, you will find all of the information you will need to educate yourself about the process of claiming compensation for dental negligence if you have been unfortunate enough to have become a victim of it.
This guide explains just what dental negligence is, and the different types of negligence that can occur. It will walk you through the things you need to do before making your claim for compensation for dental negligence. It will also tell you how to actually start your claim for damages against a dentist or dental clinic, and try to give a rough indication of the amount of compensation that common injuries caused by dental negligence could pay.
If you need any further information, or just want to get the answers to more specific questions, then please use the contact information at the bottom of this guide to get in touch with us.
What is a Dental Negligence Claim?
A dental negligence claim occurs when a medical practitioner working in the dental sector causes harm to a patient through a mishap or mistake. This can be the dentist themselves, or any of the nursing and care staff that are involved in the overall dental care process.
Although dental negligence is rare, it does occur, and the damage caused to a patient can be both severe, and long-lasting. Furthermore, many of the injuries that can be caused by dental negligence, can lead to permanent facial disfigurement and scarring. For this reason, dental negligence cases, as with any form of medical negligence case, are taken very seriously. As the end result could see the dental practitioner being barred from their chosen career.
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Is Dental Negligence Common?
Considering the fact that thousands of dental procedures are carried out each day in the UK, cases of dental negligence are surprisingly rare. Historically, fewer than 10,000 cases of dental negligence are recorded each year. However, this figure has begun to rise in recent years. This is primarily due to the fact that more people are seeking dental care, and there are more medical experts operating within the dental care sector.
Dental negligence case studies show that the growth in popularity of cosmetic dentistry has also contributed to the rising number of dental negligence claims being made. This is, of course, to be expected. Cosmetic dental procedures are often extremely intrusive and can require major reconstruction of the teeth, jaw bone and gums. Therefore, the likelihood of a mistake being made which could lead to a serious injury is far higher than that of merely corrective and preventative dentistry procedures.
What Different Types of Causes Can Lead to a Dental Negligence Claim?
Dental negligence occurs for a number of reasons. Depending upon the injury the patient has received, and how that injury was caused, dental negligence will fit into one of the categories below:
Badly executed surgical procedures – whenever a dentist performs a surgical procedure on a patient, from filling a cavity to fitting a full set of implants, if something goes wrong causing an injury to the patient, then there is a valid reason to make a claim for compensation.
Errors made in a crisis by an emergency dentist can be a big source of dental negligence claims because if they’re forced to work fast, problems can occur. Many of these are of course justifiable because of the panic of the circumstance, but it doesn’t stop patients from trying it on.
Badly managed anaesthesia – when a surgical procedure requires the administration of either local or general anaesthetic, if the application of that anaesthetic causes an injury or other health problem for the patient, a valid reason to make a compensation claim will exist.
Misdiagnosis of a dental condition – possibly the least common form of dental negligence. When a dentist misdiagnoses a condition and applies the wrong treatment, which leads to injury or harm to the patient. In these cases, a valid reason to claim compensation will exist.
Inadequate patient care – either during a dental procedure or after a dental procedure when the patient is in recovery. If undue care is taken to ensure the well being of the patient, leading to injury or harm, then a valid reason to claim compensation will exist.
Of course, there are cases of dental negligence that do fall outside of this basic framework. When you contact us to discuss the specifics of your own case, we will let you know if any more forms of dental negligence might apply.
Are There Different Types of Dental Negligence Claims?
When it comes to claiming negligence against a dentist, there are a number of ways a compensation claim can be pursued. Depending on the way that an injury to a patient has been caused, and the circumstances that lead to the injury occurring, a dental practitioner would be guilty of one of the following types of negligence:
Contributory negligence – when a case of dental negligence is judged to fall into the category of contributory negligence, then it is deemed that the victim of the injury, is primarily to blame for their own condition. And in most contributory negligence cases, no compensation will be paid to the person seeking damages.

Comparative negligence – in these cases, both the dental practitioner and the person suffering the injury both share some portion of the blame. These are often the trickiest dental negligence compensation claims to pursue. They will almost always involve a long legal process, which will result in a court case where the blame will be properly apportioned between the dental practitioner and the victim of the injury.

Vicarious liability – in this type of case, a third party is being apportioned part of the blame for the injury caused to the patient. For example, this could be the supplier of a particular piece of medical equipment that contributed towards the mistake that caused the injury. Or it could be a claim against the company that employs the dentist, which has failed to meet statutory health care regulations, leading directly to the patient being injured.

Gross negligence – the most serious, and also least common type of negligence claimed against a dental practitioner. A gross negligence case is pursued when the dental professional has blatantly disregarded the health and well being of their patient. There are many ways that this can occur, such as being under the influence of alcohol or drugs whilst performing a surgical procedure or purposefully causing harm to a patient in anger.

Almost every claim for compensation based on dental negligence will fit into one of these negligence categories. In very rare cases, other considerations may apply. We will be sure to let you know if your claim for compensation following dental negligence does not fit into one of these categories.
MAKING A DENTAL NEGLIGENCE CLAIM
If you’re looking to sue your dentist following treatment that you’re not happy with, our team of expert lawyers at Compensation Lawyers will be able to help. Making a dental negligence claim can be a straightforward process when you have the right support and guidance from professionals in the field.
Some of the most common reasons that people have for making a claim against their dentist include:
•Misdiagnosis or late diagnosis of a serious dental condition which results in you suffering pain or injury
•Complete failure to diagnose a serious dental condition resulting in injury, pain or suffering
•Injury caused by a poorly performed dental procedures
•Injury caused by carelessness of the dental practitioner
•Financial loss from having to pay to correct a mistake made by a dental professional
•Loss of earnings suffered if you are unable to work as a result of dental negligence
•Physical trauma suffered as a result of dental negligence
•Psychological trauma suffered as a result of dental negligence
•Other pain or suffering caused by a dental practitioner enlisted to carry out dental work
See if you have a case for dental negligence.

How do I sue a dentist for negligence?

If you think that you have been a victim of dental negligence, the first thing you should do is contact a specialist dental law solicitor. They will discuss your experience and tell you if you may be able to make a claim. This will depend on; your individual circumstances, the nature of your complaint and the severity of the injury, pain or suffering you have experienced as a result of the poor care you may have received.
Do you have a valid dental negligence claim?
In order to find out whether you’re entitled to dental negligence compensation, the first thing you need to do is discuss your case with one of our skilled solicitors and dentists. We will then be able to review your case and determine whether you are able to proceed with a dental negligence claim. Start you claim today
How is your dental negligence claim funded?
Most of our dental negligence cases are funded by a no win, no fee agreement, which means that if your claim is not successful, you will not need to pay us anything.
How Much Compensation Can I Claim For Dental Negligence?
Dental negligence is a term that is used to describe mistakes or mishaps made by dentists, or health care professionals who specialise in dentistry, that lead to an injury for their patients. Dental malpractice claims are pursued for a range of reasons, including badly executed surgical procedures, inaccurate diagnosis of a condition, and the prescription of the wrong medication. This is a very basic dental negligence definition, and this page will try to expand on this to impart a better understanding of what your rights are if you have been a victim of dental negligence.
In the period from 2013 to 2014, the Family Health Service in the UK reported almost 7,000 cases of dental negligence had occurred. This was an increase of almost 12% on the previous year. A trend that has continued since this time.
If you have been the victim of negligence, you will need professional legal advice and representation to have the best chance of making a successful claim for compensation.
If you believe that you may have a valid reason to make a claim for dental negligence, then there are certain things you can do right now, to help you prepare.
As with any legal proceedings that require adjudication, evidence will need to be presented by both sides, to either prove or disprove the claim. So preparation is key here. The better prepared your solicitor is to represent you, then the better chance you have of successfully being awarded damages for negligence. Below is some advice with regards to the things you can do to prepare for your claim, before contacting a solicitor.
Have your injury documented – this means visiting a doctor or a hospital to have the injury treated. Make sure that you ask the doctor treating you to note their opinion on how well the injury will heal, and how long it is likely to take.
Collect important information – find out the names of any dental staff that assisted the dentist if you can. Find out the name of the company that owns the dental clinic if it is a private practice or a cosmetic dentistry clinic.
Record the financial impact of the injury – if you have had to miss work and lost income, spent money on medication, or had to take unexpected journeys which you have paid for out of your own pocket, then write all of these down. Your solicitor will help you claim them back as part of your dental negligence compensation claim.
Contact a negligence solicitor – at this stage, you have all the facts of your claim straight and are ready to brief a solicitor accurately.
If you choose to use us your dental negligence solicitor, we can arrange for a locally carried out medical examination, to assist with the claims process.
How to Begin a Dental Negligence Claim
If you are ready to begin your claim for dental negligence compensation, you can use the contact details at the bottom of this guide to get in touch with us. We will then offer you a completely free legal consultation session. During this session, we will attempt to capture all of the pertinent facts about your injury.
We will use the facts we capture, to decide whether you have a good chance of claiming damages following a case of dental negligence. If we think the prospect of claiming compensation is high, we will advise you on what we think you need to do next.
For most people who contact us, that have a valid reason to make a compensation claim, we will offer to represent them on a No Win No Fee basis. This means there is nothing to pay unless we actually win your case for you.
What can be Claimed for Due to Negligence?
Claiming compensation for dental negligence involves calculating tangible and intangible costs, and claiming damages to meet these costs. Some costs are simple to calculate, such as any money spent on medical fees. Others are not so straightforward, how does one put a value on pain and suffering? Luckily, there are judicial guidelines in place that already provide a framework for attributing value to the discomfort caused by an injury. Most dental negligence claims will comprise of one or more of these types of damages:
Special damages – in this category, we include all of the non-physical loss that has been caused by a case of dental negligence. This can include a very wide range of causes. For example, if you were forced to cancel a vacation due to the injury, then you would claim compensation for this under special damages.
General damages – in this category we include all of the physical aspects of the injury. Pain, suffering, loss of mobility and psychological trauma being the most common of these.
Care costs – if you are forced to bring in help to assist you in your daily life due to the injury, or if you have had to be placed into full-time care in an institution, then this can be claimed for.
Loss of current and future earnings – if you needed to miss work due to your injury, and thus did not receive your full wage/salary, then you can claim this in compensation. Additionally, if the injury is likely to negatively affect your long-term earning potential, then this future loss can also be claimed for.
Medical expenses – any out of pocket expenses that have been paid for both immediate and ongoing treatment of the injury you are claiming compensation for.
Travel costs – any out of pocket expenses that have been incurred due to having to travel for anything related to the injury itself (outpatient care for example), or the compensation case (such as visiting your solicitor) can be claimed back.
These are the basic categories that any claim for damages will almost always fit into. There are some less common types of damages, and if we feel that your claim should include one of these, we will let you know.
How Much Compensation Will I Get For A Dental Negligence Claim?
A few thousand is common. Usually barely worth your time, but may give you satisfaction.
How Long Does a Dental Negligence Claim Take?
To answer the question, how long does a dental negligence claim take is very difficult. Each case is entirely unique. Any form of medical negligence has very serious consequences on the person being accused. In extreme cases, they can be struck off from working within their chosen medical field, effectively ending their career.
For this reason, dental negligence cases can often take a lot longer than claims for similar injuries caused by simple accidents. In reality, you would be looking at a period of a minimum of 6 months before a settlement is made.
In the UK: NHS Dental Negligence Compensation Claims
As an overseas example, claims for negligence against the National Health Service (NHS) are inherently complicated. Navigating the claims process for suing a government body for compensation is very difficult. Certainly, something that you are going to need an experienced solicitor to undertake for you.
Some legal companies in the UK have lots of experience in suing various government operated bodies, including the NHS, and they know how to cut through the red tape and bureaucracy. They can help expedite a claim for dental negligence against the NHS as quickly as possible.
No Win No Fee Negligence Claims
If you have minimal financial resources, it is likely that finding the money to pay the legal fees involved in making a successful claim for compensation for dental negligence, will be problematic. And what happens if you lose? You would be completely out of pocket.
We have a way to help. We can offer to represent you in a Now Win No Fee format. This means you don’t pay us a thing until we have won your claim for you. If we don’t win, you don’t owe us anything at all.
Why Choose Us as Your Claims Service for a dental negligence Claim?
Dental negligence claims, like any type of medical negligence cases, are a serious legal matter. They are far less likely to be settled without going to court, and in the most serious cases, the impact upon the liable party is extreme if they are found to be at fault.
Therefore, you need the best legal help possible to execute a claim on your behalf, and this is where we come in. We have years of experience in pursuing damages for clients who have been a victim of medical negligence.
Call for Free Advice and To Start a Claim
Have you been the victim of dental negligence? Are you ready to begin making a compensation claim for it? Or maybe you just need an expert opinion on whether your claim is viable?
If you need some free help and advice about a dental negligence claim, we are more than happy to assist you. You can either use the on-line contact form on this website, or for a more immediate response, use the web chat function, or call us directly on 1300 321 814. There is no obligation to use our service after we have given you some advice, and the initial session is always completely free. So reach us to us now, you really have nothing to lose, and everything to gain.
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What-Compensation-Matters-Can-You-Sue-An-Electrician-For

What Compensation Matters Can You Sue An Electrician For

What compensation matters can you sue an electrician for? In this day and age, it is better to be knowledgeable about your rights. Most people avail of some type of services. It could be daily, weekly, or monthly. It could be janitorial, electrical or other skilled work that needs to be done, and done quickly. Sometimes things get messy. And we let things slide because we need them and might be needed again. But should you? 

Say you wanted to improve the feel in your building. You decided to have some pendant lighting installed in your house or business. For this you would need a decorator and an electrician. Installations can be tricky especially wiring it correctly. It still has to pass inspection and building codes and such. If, after some time your building catches fire, often it would be thought of as caused by some electrical  fault. If it is, what compensation matters can you sue an electrician for? If the origin was the installation, can you sue the electrician? 

Short answers are not really going to be sufficient. There are so many other things to consider. Experts have to be called in. If there were casualties, there would be more investigation than normal. Is it really the electricians fault? Is it prone to rain or earthquake or other natural occurrences? Have the installations and connections been recently checked or approved? Is the building in good shape? The delicate nature of their job makes it a rare occasion for the electrician to get something wrong and cause a fire.

According to some studies, most fires in establishments are indeed electrical in nature. It occurs more often when winter has set in. Heating and more hours of electrical lights are needed because of longer darkness. 

 

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Improper matching of light fixtures are often made by not certified electricians. This can also be a cause of fire. As well as paper or any igniteable material that is close to the fixtures as they begin to get hot. Extension cords and outlets when left too long plugged in can melt the plastic they are encased in. Ordinarily a certified electrician would tell you the computation and approximately how long your appliances and everything else be used so to prevent it from going up in flames. 

If you are an electrician, there is a good chance you would never be out of a job. Unless you mess up tremendously and cause a fire, or worse accidentally kill someone because of carelessness that leads to a building fire. 

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lawyers in Sydney

Will Preparation Lawyers Around The World: Deceased Estate Laws Vary Globally

Introduction

A will is crucial since it ensures the wishes of the deceased are met after death. It is the only way to ensure your money, investments, possessions, and properties are distributed amongst people you care about. Everything you own is known as your Estate. Most people are unable to write a will since they do not have a clue about where to begin. However, will preparation lawyers in Sydney will help you in drafting a valid will that will fully express your wishes.

If your properties are distributed worldwide, it’s essential to understand the laws in that particular jurisdiction since they usually vary concerning succession and distribution of deceased estate laws. Chances are you don’t want to cause massive anxiety to your beloved heirs by neglecting all the aspects of your will. The following steps are essential when writing a will.

Know the real value of your Estate

It’s essential to value your Estate by establishing your real worth. You can do this by writing down your assets and debts. Assets include all properties you own, cash in bank and hand, premium bonds, insurance policies, pension funds, stocks, shares, motor vehicles, and furniture.

Debts include; mortgages, an overdraft, loans, and equity release. It essential to value your properties regularly since the value of some properties like land, can appreciate while others, such as motor vehicles can depreciate.

Once you have valued your properties, you need to list the beneficiaries and decide on who should get what. However, the distributable amount should be after settling all the expenses, including taxes and legacies.

If you need to give out some amount to charity, ensure the full name, address, and registered number are verifiable. Incomplete information may lead to litigations, and the charity may not benefit.

Chose the executors carefully

These are people who will distribute your Estate, and they carry their duties with utmost trust and faith. They have a lot of work in ensuring your Estate is distributed as per your wishes.

Draft your will

The next step is to write down your will. There are several methods you can employ. You can use lawyers who specialise in wills and the rights of probate. Probate is the application of the legal right to deal with money, possessions, and property belonging to someone else. Several will preparation lawyers in Sydney help individuals in drafting wills. The relevant bodies must license the people you chose. If there are some properties abroad, you need to inform your lawyers since most of these officers are trained in international law.

Other methods include the use of specialists whose main role is to write will; however, these may not be regulated; hence it’s quite a risk. Some charities offer free services, and some banks also provide these services and advice. You can draft your own will; however, you must sign in the presence of witnesses for it to be considered as valid.

Storing your will

The final step is to store it properly and safely. You can deposit with a solicitor or a bank. If you have a secure place at home, you can store it there. There are also some organizations that offer probate services. However, it’s essential to let your executors know about the storage. The will preparation lawyers in Sydney will advise you properly through the entire process.

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Can You Sue People Who Bug Your Privacy?

It is an offence to install a surveillance device and/or maintain a listening device to record private conversations. In addition, it is an offence to monitor or listen to a private conversation. It is, also, an offence to pay someone to do any of the things already mentioned above. These prohibitions are only for private conversations. If you do any of the above in a place where the conversation is not private, then, it is not an offence. The legal definition involves private conversations not being those where those involved should reasonably expect that their conversation may be overheard. Therefore, the question, can you sue people who bug your privacy the short answer would be yes.

It is Illegal to Listen to Private Conversations

You cannot legally install an audio surveillance device to record your spouse having private conversations with other people, on the phone for instance. This is a federal offence under the Telecommunications (Interception and Access) Act 1979, see sections 5 and 34. A police warrant can make it legal to do the above, if it is a warrant specifically for that purpose. A mother or father could gain a warrant to record and listen to activity and conversations in a child’s bedroom if it was reasonably suspected that sexual abuse was occurring and there was a warrant issued under that understanding.

Optical Surveillance Devices

The proliferation of industrial espionage counter surveillance experts is testament to the growing popularity of this trend, despite its illegal nature. Optical devices fall under the same constraint, in terms of it being illegal to visually record someone in a private situation without their explicit consent. There are various scenarios where it is legal if there are reasonable grounds for lawful interest. Someone setting up surveillance cameras on their property to protect them from theft or trespass, for instance.

Tracking Devices

It is an offence to install or attach a tracking device to determine someone’s whereabouts in geographical terms, without their permission.  In terms of suing someone who bugs your privacy, if you had first taken successful criminal action against them, it may be possible to establish grounds for compensation under a number of different scenarios. If the information recorded was commercially sensitive, then, this would seem a logical step to take. The invasion of privacy in Australia under existing common law has, so far, found no tort of privacy in the appellate courts.

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Class action compensation Over A Sex Toy

Class Action Compensation Over A Sex Toy? We-Vibe Settles In Court

Believe it or not, your sex toy is now capable of connecting to the Internet. These sex toys are meant to be used by couples, wherein the other partner can be in total control of the vibrator by using Bluetooth or a smartphone application. However, security researchers found out that the company is using the smartphone app to collect data regarding how their customers use the sex toys. These include the vibrator’s setting, the e-mail address of the customer and how frequent the toy is being used. Because of this, the company faced a class action compensation lawsuit from its customers. 

Class Action Compensation Over A Sex Toy? We-Vibe Settles In Court

There are endless varieties of people who use sex toys. This is why adult products, such as sex toys, are very in demand right now. According to the Sydney Morning Herald, the maker of We-Vibe, the sex toy in question, collects the information for product improvement and diagnostic However, the lawsuit claims that the company intercepts and track the electronic communication between the app and the vibrator, and then transmit the gathered data to the company’s servers in Canada.

Just last month, Standard Innovation, We-Vibe’s manufacturer, agreed to settle for $3.75 million. According to the deal, the company will pay the Americans who purchased the sex toy before September 26, 2016. Product users will get up to $199 in settlement, while those who use the sex toy via the smartphone app are expected to receive as much as $10,000. That said, CTV News reported that these numbers may be lower than the actual settlement claim.

According to the plaintiff’s lawyer, around 300,000 purchased the Bluetooth capable sex toy, while at least 100,000 downloaded the mobile app. Based on the lawyer’s estimate, those who used the smartphone app will only get $500 each, while those who did not will only be awarded with $40. The settlement will also compel the company to cease monitoring and collecting the user’s information, and destroy the gathered data.

The class action compensation also sheds some light about the secret data collection practice of some companies. As per the claim, what Standard Innovation did was extremely offensive since the collected information about the product users’ sexual activity is confidential. This revelation caused anxiety and humiliation, the plaintiff’s lawyer added.

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bizarre compensation story

A Billionaire Sues a Brothel: Bizarre Compensation Story

Truth be told, legal actions in the adult services industry are fairly common. Tabloids, online news websites, and even respected newspapers are teeming with litigations involving customers and/or brothels. For instance, a sex worker in New Zealand sued a brothel owner for sexual harassment. She won the case and received $21,000 for indemnities. Proprietors of bordellos can also bring charges against their patrons and employees. For example, Daily Mail Online reported that a brothel manager filed charges against an escort for hitting him. As per the news report, the escort snapped when the manager declined to give her long hours on her shift. These stories are typical scenarios in the four corners of a bawdy house. However, it is rare to hear (or see) that a billionaire sues a brothel. A bizarre compensation story like this is far more interesting than a brothel suing Khloe Kardashian.

A Billionaire Sues a Brothel: Bizarre Compensation Story

Sydney has many upmarket brothels due to prostitution being legal. Because of this, locals and foreigners frequent exclusive bordellos in the city. The reputation of Sydney’s brothels even reached Asia and the Americas. With the promise of steamy and fulfilling sexual encounters, Yu “Martin” Xu, a Chinese billionaire, tried the sexual services of Royal Court, which is a Sydney-based escort agency.

Not finding what he was looking for in brothels closer to China, Xu sought the services of Royal Court. According to The Daily Telegraph, the escort agency promised Xu a tryst with the Transformers and Teenage Mutant Ninja Turtles star Megan Fox, Victoria’s Secret model Candice Swanepoel, and Chinese actress/model Yang Ying. However, after paying $3.7 million, these A-listers didn’t show up on the scheduled rendezvous.

As per their website, the Royal Court claims to offer sexual services from local and international celebrities anywhere you are in the world. On the part of Xu, he agreed to pay extra for the airfare and accommodation of these celebrities so that they could meet him in China. Moreover, he paid $27,000 for the joining fee, and made four bank transfers totaling to $3.7 million.

Although there is no concrete evidence that these celebrities are engaged in the sex trade, agents from the escort company approached Xu and promised a one-night stand with these women. Based on the documents filed in the NSW Supreme Court, Xu wants to recover the money he paid to the agency and is suing the company for “breach of contract, unjust enrichment, and misleading and deceptive conduct.”

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The Hurt Locker: Where Rugby Injuries Can Ruin Lives

World Rugby, Union and League, demands the running and endurance of 11-a-side football combined with heavy contact and rough tackling. Where there is smoke, there is fire. With such a volatile match play event, there is always a potential for injury both mild and serious (such as traumatic injuries sustained during collisions with other players or the ground surface during scrumming, rucking & tackling etc)

Most Common Rugby Injuries

Medial collateral ligament (MCL) injury
What is it? The MCL is a ligament found in our knee, which works with other ligaments to give us stability during running and walking. Injury is caused by the fibres that make up the ligament being torn or completely ruptured.
Why does it occur? MCL injuries are more likely to occur in players who play in a back position, due to the increased likelihood of being tackled and the requirement for fast changes of directions. The force of a tackle can place excessive strain on the ligament causing the tear.
What can be done to prevent it? Conditioning training can be undertaken to improve the strength of the knee and speed work, which improves the resilience of the knee to the stresses and strains of sudden changes of direction.

Calf Muscle Injury
What is it? A calf strain is a tear to the either the Gastrocnemius or Soleus muscle, most commonly at the point where they join the Achilles tendon.
Why does it occur? Multiple factors such as, not warming up effectively, insufficient recovery time between matches, weak or tight calf muscles, poor running, speed work on very tired muscles, over stretching or incorrect stretching, structural problems e.g. over-pronation (rolling inwards) or over- supination (rolling outwards) of the foot.
What can be done to prevent it? Implementation of effective recovery techniques (e.g. ice baths), conditioning training and corrective rehabilitation to improve running technique can prevent injury.

Thigh Haematoma
What is it? Haematoma are caused by a direct blow to the affected area. They are basically a severe bruise as the trauma causes damage to the blood vessels leading to blood leaking around the tissue forming a large clot.
Why does it occur? From physical contact and impact. As rugby is a contact sport these injuries are bound to happen.
What can be done to prevent it? Not much! It is very difficult to prevent without changing what makes rugby such a great game. Early implementation of RICE (rest, ice, compression and elevation) principles can dramatically reduce recovery time and should be implemented as soon as possible post injury.

Hamstring Injury
What is it? It is a tear of the muscle fibres that make up the hamstring (bicep femoris, semi-tendinosus and semi-membranosus).
Why does it occur? Multiple factors such as, not warming up effectively, insufficient recovery time between matches, weak or tight hamstring muscles, poor running, speed work on very tired muscles, over stretching or incorrect stretching and structural problems.
What can be done to prevent it? Implementation of effective recovery techniques (e.g. ice baths), conditioning training and corrective rehabilitation to improve running technique can help prevent injury.

Concussion
What is it? Concussions are traumatic head injuries that occur from both mild and very severe blows to the head.   Why does it occur? It is simply caused by the physical contact nature of rugby.                                                                    What can be done to prevent it? Not much! It is very difficult to prevent without changes what makes rugby such a great game. The RFU work hard to ensure they have a robust process in place to manage suspected head injuries effectively.

Overuse Injuries
Because rugby involves a great deal of running, tendinitis in the knee or ankle, medial tibial stress syndrome (shin splints) and bursitis are all overuse injuries commonly seen. Although these are usually not considered “serious” injuries, they can adversely affect performance and possibly lead to more complicated conditions if not properly addressed by a qualified sports medicine professional.

As it is a collision sport, traumatic injuries do occur in rugby. They can include fractured bones, dislocated fingers and elbows, cuts, sprained ligaments and strained tendons or muscles and deep muscle bruises. There has been an increase of facial fractures, especially of the nose because helmets are not worn.

Injury Treatment
When recovering from a rugby injury there are a few things to consider. As with most sports, regaining strength and flexibility after an injury are important to a successful rehabilitation. Neck, shoulder, hip and core strength, as well as flexibility of the hamstrings and hip flexors are important for overall conditioning and can minimize the chances of an athlete sustaining a secondary injury. Because rugby is a continuously moving sport, working to regain a high level of endurance also plays a large role in the effectiveness of a player returning from a rugby injury.

Injury Prevention

Practice a balanced and structured training regimen involving strength, flexibility and endurance.

Always use proper technique when tackling, rucking and scrumming.

Learn proper positioning during game play to minimize risky moves.

Use a quality, properly fitted mouth guard.

Participate at a level consistent with ability.

Adhering to the rules for the formation of the scrum.

Ask your athletic trainer or other sports medicine professional about any training or injury questions.

 

 

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Medical malpractice negligence: Doctors and Hospitals Living in Fear

Medical malpractice happens. It is a fact of life for thousands of innocents both locally and internationally and in many cases, it can be a game changer. The temptation is to think, to hope, to hypothesize, that it will never happen to you? You will never be hit by lightning, never suffer a collision with a bus or indeed play the starring role in a medical malpractice case? The numbers don’t lie people, it could be you or I caught out, woefully unprepared and or poorly informed. How to deal with a negligence case, how to navigate through the red tape of  a malpractice  case, those are the big questions and the key answers open for intensive debate.

According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.A, that is, behind heart disease and cancer. In 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes. Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. In essence, it boils down to whether the provider was negligent.

A malpractice claim exists if a provider’s negligence causes injury or damages to a patient. However, experiencing a bad outcome isn’t always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at complete honesty—will sometimes tell a patient that they, themselves, have made a mistake.

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Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known, as well as preventing the injured person from hiring an attorney who could increase the settlement value of the claim through their representation. Consequently, most experienced medical malpractice attorneys will not pursue a case unless the injuries and damages documented in the records—after they’ve been reviewed by an expert in the pertinent specialty—are substantial and justify it.

Being proactive about medical care is undoubtedly the best step. Patients should do research to understand their health condition, and document their symptoms. They should ask health-care providers a written list of questions that they feel are important, and expect—indeed, demand—full and complete answers. It’s also critical not to allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If patients sense that something is wrong, they should tell—or ask—their health-care providers. Although it’s important to trust your doctor or nurse, it’s also important to listen to your body … and use common sense. Also advisable: Have a family member or friend accompany you on important visits to healthcare providers.

Patients choose not to pursue valid medical malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.

medical malpractice sydney compensation melbourne

Although the medical school adage of “treat the patient and not the test” has value, it’s also important for health-care providers to carefully assess the information provided by the tests that they order. I’ve witnessed many instances in which highly abnormal test results were either interpreted incorrectly or disregarded by physicians—sometimes with fatal consequences.

Hospital systems and health-insurance companies significantly impact the quality of medical care that patients receive. Your health is too important to place in the hands of a provider who hasn’t earned your confidence, isn’t answering questions or isn’t giving you—or your condition—adequate time and attention. Always be on guard or as a very wise medical patient once said “Always hope for the best but prepare for the worst”.

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Standing Up for the Rights of Disabled Workers

It is still an unfortunate fact that some employers will take advantage of vulnerable workers in their employ. It may be business owners exploiting newly arrived migrants or refugees, by not informing these people of their rights under Australian Government laws. Even more despicable, are the employers who exploit disabled workers in their employ, with under paying of wages and not providing adequate support and workplace conditions. Some businesses think that just giving disabled workers a job is enough and that they do not consider them deserving of a proper wage.

Standing Up for the Rights of Disabled Workers

Businesses that work in the charity sector have, unfortunately, been the worst offenders in this regard and they employ more disabled workers than any other sector. Australian Disability Enterprises (ADE) pays some of their intellectually disabled workers less than $2 per hour to pack boxes in their sheltered workshops. They manage to get away with this appalling rate of pay by basing their remuneration on productivity via the Business Services Wage Assessment Tool (BSWAT). One wonder whether our legalised treatment of those with intellectual disabilities actually belongs back in the eighteenth century.

Probono legal service groups are beginning to challenge some of the worst economic mistreatment of disabled workers, but the Australian Government needs to close these loopholes. The dignity of work is one thing, but if you are being woefully exploited, so that in addition to full time work you require welfare payments just to survive, something is wrong. I remember delivering charity ribbons to letter boxes for an Anglican charity many years ago, when I was down on my luck. This kind of position is filled by many disabled people. I worked out that I was earning about $3 an hour.

Reasonable rates of pay must be afforded to disabled workers. When a disabled person purchases a product or buys a cup of coffee, they do not get a reduced price. So, why should they be made to suffer at the production end of the equation? Compassion does not mean it is OK to pay peanuts to vulnerable people. Compassion is of a higher order altogether. With technology achieving so many things in workplaces, it surely must be possible to invest some friendly computerised technology into these charitable industries, which employ so many people with disabilities. Let’s get out of the dark ages and smarten up, compassionately. There are wonderful organisations who support disabled people and their families in Sydney and throughout Australia.  The disability service provider in South West Sydney is helping many vulnerable people meet and overcome some of the pressing challenges in their lives. We need more organisations like this and greater government funding in this sector, not less. Did you hear that Malcolm Turnbull?

 

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vw class action australia bannister law

VW Class Action Australia: Audi Legal Action


VW class action gathers momentum in Australia, with a personal injury law firm lodging first round documents in the Federal Court; which could result in refunds up to $5 billion dollars if successful. Ninety one thousand Australian owners of Volkswagen diesel cars have vehicles fitted with the pollution test cheating devices. The huge German motor car company is facing massive financial reprisals internationally, in both class actions. and loss of sales due to consumer backlashes.

Bannister Law filed two class actions: one against Volkswagen Australia and another against Audi Australia, as they are separate legal entities. The basis of the class actions is that both VW and Audi guaranteed, under consumer laws, that the automobiles were fit for their purpose and defect free. Another very large Australian legal firm based in Melbourne later announced that seven thousand consumers had registered for its class action to be filed shortly. Nearly, fifty legal firms, globally, have filed class actions against Volkswagen.

VW Australia. assures its customers that the cars are technically safe to drive; but lawyers stress the point is that these vehicles are emitting far in excess of the permitted nitrogen oxide emissions in this country, and that they would not have passed the Australian design standards. Basically, they would not have been allowed to be sold in this country if they were not fitted with the pollution cheating devices. This occurrence has been blamed on a single automotive engineer who worked for Volkswagen, but many industry watchers have scoffed at this as an unrealistic lame excuse. The question being asked is, how could this affect so many vehicles worldwide without VW management’s knowledge?

This has truly had compensation lawyers in Australia as well as around the world licking their lips in excitement as it not just offers them a massive payday as massive publicity for their legal firms. Ambitious compensation lawyers are seeing this as their ticket to fame and glory, it might also be said that the lawyers pushing this the hardest are probably the lawyers with the greatest self-interest in mind.

The German car company has registered its first loss, during a financial quarter, for the last fifteen years. VW has put aside $6.7 billion Euros in preparation for the cost of recalling and repairing some nine million vehicles globally. The embarrassment at being caught out in this anti-environmental practice is only the first stage of what could be a business threatening blunder. Legal action costs will mount and go on for many years, and the loss of consumer confidence in the brands could damage profits at the same time.

VW class action in Australia, as well as Audi legal action, will put the car manufacturer under economic stress in this country – especially for future sales. The global blunder could see the car company go down under the weight of class actions and consumer backlashes.

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Slip and Fall Compensation Lawyers Win Sydney Shopping Injury

A Sydney mum has won $285,000 in damages after a Sydney shopping injury. The mother of three has suffered soft tissue injuries when a shopping trolley carrying her toddler and groceries hit a pothole and fell on top of her.

A report from the Sydney Morning Herald said that the mum, also a high school teacher was injured while walking back to her car at the Northbridge Plaza on Sydney’s north shore in June 2011. She suffered enduring pain in her neck, back, left shoulder, left hip, leg and knee when the trolley suddenly jerked when it hit a pothole and fell on top of her as she tried to shield her young daughter and her three-year-old son who were both walking beside her.

Although the x-rays only showed damage to her knee, an ortheopaedic surgeon diagnosed her with soft tissue injuries, a term which refers to the damage of muscles, ligaments, tendons, fascia, nerves and other connective structures throughout the body which results in pain, swelling and bruising of the affected area. A soft tissue injury may sideline an individual from their normal life for a few days or even months at a time.

Because of her injuries, she was unable to work and continue with the house chores which she loved doing before the accident. She tended to be less social and less enthusiastic which was very different from what her personality used to be. Even her relationship with her husband has become strained. In addition, she became short-tempered with her children and has been very upset that she was unable to hold her daughter.

Since the car park was a public road, the judge found the city council to be responsible for the accident as it’s their duty to ensure that the public roads are safe for the people.

The judge ruled in favour of the victim and with the help and guidance of a slip and fall compensation lawyer, was awarded a total of $285,915 in damages after a long legal battle with the City Council who was found to be accountable for negligence.

The court also ordered the council to pay the mother of three the legal costs for the trial and the appeal.

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3 Tips for Avoiding Personal Injury Compensation Claims from Slips and Falls

Slips, trips and falls are one of the most prevalent reasons behind workplace injuries. The Health and Safety Executive reports that it is responsible for 40 percent of all major workplace injuries that have been reported. Not only are these injuries common in the workplace but also at public places, such as, supermarkets or commercial properties. As an employer, this statistics should be quite sobering because it means that you are not immune from slip and fall claims, which often come after someone has incurred a slip and fall injury in your premises.

We are slip & fall compensation lawyers in Sydney, providing legal help in NSW with slips trips and falls injury compensation lawyer advice. Slip and fall in supermarkets, shopping centres, and in the workplace. To make an enquiry please click our contact us form.

To avoid the headaches associated with huge slip and fall compensation amounts, it is important to take precautions to avoid the occurrence of slip, trips and falls. Here are measures you can take in this regard:

• Proper housekeeping to reduce slip and fall cases

Whether a shopping mall, school or office, you should institute good housekeeping practices to ensure that there exists no conditions that increase the risk of slip and fall cases occurring. Any liquid spills should be cleaned instantly as well as removal of debris lying on the floor. Avoiding an encounter with a slip and fall lawyer also comes down to improving the ventilation of walkways as well as working areas. This would entail repairing faulty switches as well as replacing used bulbs. Any obstacles in the walkway, such as, loose cables or rugs that are sticking out should be removed or repaired to prevent people from tripping.

• Modify your flooring

Preventing slip and trip claims from employees or clients may also involve improving your walking surfaces to make it easier for people to walk on them without slipping or falling. You could recoat or replace the floor as well as install new mats. Equally effective are paint-on coating, metallic synthetic decking or abrasive strips that are proven to reduce slip and fall cases. You could also invest in non-slippery flooring elements, which avoid foot fatigues and help prevent slips.

• Wear correct footwear to avoid slip and fall cases

Encourage your employees to wear anti-slip footwear that keep their feet comfortable and grips sufficiently on the floor to prevent slip and fall cases. You can liaise with a footwear manufacturer who will be able to offer advice on the kinds of shoes that can reduce people’s susceptibility to slips, trips and falls.

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Demystifying Public Liability Claims

The Personal Injuries Proceedings Act of 2002 defines accidents, such as, slip and fall, poisoning, plane and boat accidents, faulty products, sporting incidents as well as private property accidents as worthy of public liability claims. The assistance of a compensation personal injury lawyer is essentially vital in case the injuries incurred from these accidents are permanent or on-going.
We define ourselves as no win no fee lawyers who value their clients so much that we would be willing to reduce our legal fees in case they are not satisfied. Our approach to your case would be to evaluate the claim first to project its outcome. We will then inform you whether your mooted public liability claim stands a chance or not after which you choose which path to follow – legally. Throughout your efforts to get injury compensation, our injury claim solicitors will remain objective by updating you on any pros and cons of each legal choice you make.

Factors affecting public liability claims

Our personal injury claim lawyers look at a variety of factors involved in your accident to determine whether it would be more convenient if you pursued the claim by yourself – without the legal backing of a personal injury claims lawyer. One of the issues looked at is whether the injury is on-going or permanent. If the situation is on the contrary, it would be best if you just liaise with your accident insurance company, which should be able to reimburse you the compensation claim for the injury.
Our evaluation also looks at the economic costs of your incapacitation as well as any out-of-pocket expenses incurred as a result of the injury. If the injury is ongoing, our public liability claims lawyers will inquire whether you will incur extra costs in undergoing treatment. Of equal importance is the effect of the injury on the rest of your working life and whether you will be able to continue in the same occupation.
Although often overlooked, it is important to make an audio or visual recording of an accident encountered at a public place. You can also snap close-up pictures and write down the sequence of events while still fresh in your memory. The next step is to see a doctor to investigate, diagnose and record the injury. His input will be vital when pushing the case for a public liability claim.

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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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Trauma leaves you Vulnerable, Comcare Claims

It is difficult when you have sustained an injury from your work, be it physical or psychological, to have the strength and motivation to fight for what you believe is your right to legal compensation.

Time and time again I have heard of friends who have been so traumatised by their employment, bullying by their colleagues or the oppressive behaviour of their management, that the only remedy they have sought is to remove themselves from the employment. In short to walk away and not even contemplate embarking upon a process of seeking comcare claims, or securing the services of a compensation lawyer.

What is important to remember, is that you do have some time to lodge your comcare claim. For this reason, we advise that you seek out the services of compensation lawyers who understand comcare claims and are able to provide you with independent advice on the law and determine whether or not you have a case for workplace compensation.

Legal Aid Western Australia provides some very sound advice and guidance, and while noting that generally you have 12 months from the time you notice your injury or illness that:

“Different time limits will apply depending when your cause of action arose. It is vital if you believe that your disability was the result of your employer’s negligence that you get legal advice at the earliest opportunity.”

Source:
Legal Aid WA

If you are a member of union, you may be able to get support and guidance in securing a workers compensation lawyer. The Public Service Association for example has a number of resources which include horror stories of injuries sustained by their members at work. Sometimes even reading the journeys that others have gone through in securing a comcare claim, finding a compensation lawyer or personal injury lawyer or securing compensation can assist you in deciding on the approach you are going to take to get justice under the law.

If you are fortunate and you have a friend of the family who is a claims lawyer or compensation lawyer, we also advise speaking with them so that if you choose to use our services you feel entirely comfortable, knowing that what happened to you at work needs to be addressed and that our compensation lawyers are the appropriate professionals to assist you through this difficult process.

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