Personal Injury Insights and news
If you have had an injury at work you need to start the workers compensation process by completing a Workers Compensation Claim form. Your employer will be able to give you the form, or, you can download a free copy of the form from the WorkCover WA website. Once you have completed the claim form you need to hand that to your employer together with a First Certificate of Capacity from your doctor. Your employer then has 5 working days to give [...]
Can I still claim if the accident is caused by a mechanical fault in the vehicle? As a general rule: You can claim third party compensation from the Insurance Commission (‘ICWA’) if your injuries are directly caused by the driving of a motor vehicle. But what does that mean? The leading case on this is the 2009 High Court case of ICWA v Container Handlers. In that case a low loader truck being driven in a remote part of Western Australia suffered [...]
Suing Your Landlord For An Accident At Your Rented Property In the recent case of Gentle v Wright  the Claimant fractured her leg and hurt her back when she slipped down some steps at the back her rental property. She argued that there were a couple of loose bricks on the steps and that she had complained to the landlord about this but that he had done nothing to fix the problem. The landlord defended the claim. He said that Ms [...]
The case of Kilani v Aluabaid  ACTSC reflects a situation that lawyers see all too often in cases where a person has been injured in a car accident in Perth, has not been able to go back to full-time work, but battles to explain the value of their lost earnings. It is well established in our law that if you claim lost earnings that you need to prove: A reduced capacity to earn, ie: that your accident-related injuries are the reason [...]
At Lian Hall Injury Law we hear from people who are injured in accidents at local parks and national parks. A surprising number of falls happen when a person misses a step or misjudges a step or on occasion doesn’t even see the step. But when is a local authority liable for a person’s accident? And when is a step so obvious that you can’t blame somebody if you fall over it? The case of Williams v Wollongong City Council  NSWDC [...]
Personal Injury Lawyer Perth: Medical Examinations, Can You Put Conditions On The Doctor’s Examination?
When you make a compensation claim in Perth it is often the case that the insurance company will arrange for you to see an independent doctor to that they can get an independent assessment on things like your injuries, your recovery, the effect of the injuries on your work, your treatment requirements and your prognosis for a recovery. Claimant’s often receive a letter from the insurance company or its lawyers telling them about that appointment and saying that if they don’t go [...]