Pedestrian Accidents involving Stationary Vehicles

The duty of care imposed on drivers also extends to those vehicles that are stationary on the side of the road, such as when a vehicle has broken down on the side of the road, or a person is changing their tyre on the side of the highway.

Pedestrian Accidents in Car Parks

The standard road laws also apply in car parks, even if the car park is on private property and managed by the owner or the operator of the retailer/business.

Pedestrians Crossing the Road

Is not only at pedestrian crossings and traffic lights that the pedestrian has right of way. Any intersection where there is pedestrian “ramp” down to the roadway is a pedestrian access point where, provided the pedestrian has indicated an intention to cross the road, the pedestrian has right of way.

Pedestrians not crossing at a designated Pedestrian Crossing

Road traffic accidents involving pedestrians are more complicated if the pedestrian has not crossed at a designated pedestrian crossing. In these cases, the chance of claiming compensation would depend on who is at fault for the accident. If the pedestrian that has stepped out into the road without looking and has been immediately hit by a car or other vehicle, they may still be able to seek compensation.

Hit and Run Accidents

Victims that are injured in hit and run accident, or hit by a stolen vehicle or an uninsured driver, can make a pedestrian compensation claim through a government organisation.

Pedestrian Injured, but not hit, by a Vehicle

For pedestrians that are injured while trying to get out of the way of a dangerously or carelessly driven vehicle, they may still be entitled to make a pedestrian compensation claim, even if the vehicle did not hit them.

Pedestrian not Sober

Pedestrians may not always be sober. However, in these cases, the driver may still be found liable. The courts generally take the view that drivers are expected to take all these factors into account and show a duty of care to the pedestrian,

What to do if you have been injured by a Vehicle?

Whether you were simply crossing the road, or attending to your broken down vehicle on the side of the road, the driver of a motor vehicle owed you a duty of care. If a driver fails in this duty and causes a pedestrian injury, the pedestrian has the right to bring a claim for negligence against the driver of the vehicle for the personal injury they have suffered. If an accident happens, wherever possible keep a record and take photographs; take the names and home addresses of witnesses; keep evidence of doctors visited and treatments, and keep receipts for any injury related expenses.

Always seek prompt specialist advice from an Injury Compensation Lawyer, to understand if you have a viable claim. Request a no-obligation, FREE Consultation with an accredited specialist in Injury Compensation:

For all compensation claims, our personal injury lawyers offer a free initial consultation to review your case and give you the opportunity to explore your legal options. Should we agree to proceed, we provide injury compensation services on a no-win no-fee basis. Once you contact us, we will take your statement and give you our initial professional assessment about your claim. We will then begin our investigation into the negligence which caused your injury. We will need to obtain all medical records and certificates from your doctors, and possibly seek a second or third medical opinion.

Work Cover Compensation – who does it apply to?

The WorkCover workers compensation scheme covers all injured casual and permanent employees, regardless of whether they are full time or part time employees.

If you are self-employed or are referred to as a sub-contractor, you may also be covered by WorkCover if most of your work is for one organisation or you are treated by the organisation in a similar way to an employee.

Workplace injuries – what type can be claimed for?

Workplace injuries can range from serious illness, injury or damage (including amputations, fractures and brain injuries) through to strains and sprains (including repetitive strain injury or RSI). It also covers psychiatric injuries that may arise from witnessing a traumatic event at work as well as things like bullying and harassment.

Work injuries that are covered by WorkCover include:

• Injuries that occurred at or as a result of work and during work hours (e.g. while on a lunch break)
• Diseases caused by work or pre-existing conditions that have been made worse by work
• Injuries suffered while travelling as part of work (not usually to and from work) or while receiving medical treatment for a separate work injury

Also, you are entitled to lodge a Statutory Claim for “journey claims.” i.e., travelling to and from work, provided you fall within the definitions of s35 of the Act.

Workplace Physical Claim

Examples of workplace physical claims:

• Repetitive strain
• Ergonomic related injuries
• Industrial accidents
• Faulty equipment
• Heavy lifting
• Fatalities at work

Permanent Impairment

WorkCover will request an independent doctor to provide a permanent impairment assessment before closing your case. This assessment can provide you with a ‘Notice of Assessment’. This notice will enclose a break down in percentage form your Work related permanent impairment and there may be a ‘lump sum offer’ included with this. Once you have received a Notice of Assessment you MUST NOT SIGN this document. You need to consult a specialist personal injury lawyer about proceeding with a Common Law Claim.

A worker is at risk of losing their rights to common law damages if they sign the Notice of Assessment and have an impairment assessment of less than 20%. A worker won’t sign away any common law rights if they cannot prove negligence on the part of the employer.

Common law claims

A common law claim is the most important part of the claims process after being injured. This is why we say DO NOT SIGN anything before discussing your rights and options with our specialist personal injury lawyers.

When WorkCover makes a lump sum offer, this offer is binding and does not take into consideration any other expenses that you will incur due to your workplace injury. A common law claim looks at other damages factors such as, past and future economic loss, out of pocket expenses, future medical expenses and of course pain and suffering.

When you factor all these extras in, it is likely the lump sum offer provided by WorkCover will not be adequate for you and your family in the coming years. Again to pursue this claim strict limitation periods apply.

What to do if you suffer a workplace injury

1. Report your workplace injury to your employers at the time of the injury.
2. Get your injury assessed, treated and documented by a doctor as soon as you can after the accident. Your GP will need to provide a medical assessment of your ability or inability to return to work. Lost income is a potential component of your compensation claim.   Your doctor will need to provide you with a ‘Workers Compensation Medical Certificate’ before you can lodge the Application for Compensation claim form.
3. Always get expert legal advice from our compensation lawyers before accepting any offer from WorkCover, or before signing any documentation from your employer or your employer’s insurance company (including WorkCover’s Notice of Assessment) as the lump sum compensation offered by WorkCover may not adequately compensate you for the long term consequences that arise from your injuries.
4. If WorkCover reject your claim, then contact us understand further your options from here.
5. Once WorkCover find a worker ‘Stable and Stationary’ (a condition is stable and stationary when the condition is not likely to improve with further medical or surgical) they will look at closing your claim. At this point, they are no longer required to continue paying benefits. It is important to seek legal advice before this stage so you understand where to go from here.

In the case that a workplace injury is more severe or permanent, it is recommended that you speak as soon as you can to an accredited specialist personal injury lawyer.  There are strict time limitations that apply to recover compensation.

What compensation can I expect for a workers compensation claim?

There are a number of different factors that can affect the compensation you may be entitled to. We will work on your behalf to get the best outcome for your situation.

How long will it take to finalise my workers compensation claim?

On average it takes 14 months for a workplace injury claim to settle. The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity of your case. Claims that go to the courts will take longer and be subject to the schedule of the courts.

More information

Clewett Lawyers can provide you with advice if:

• You are unsure if you can claim compensation for a work injury
• You have received an offer of lump sum compensation and you are not sure whether to accept it
• Your workers compensation is rejected or stopped

For all personal injury claims, our personal injury lawyers offer a free initial consultation to review your case and give you the opportunity to explore your legal options.  Should we agree to proceed, we provide injury compensation services on a no-win no-fee basis.

Contact us on PH:  07 4639 0333 for more information, or to arrange a free consultation about your compensation claim.

For behaviour to be sexual harassment it must be unwelcome. Sexual harassment therefore is not interaction, flirtation or friendship which is mutual or consensual.

Some sexual harassment, such as sexual assault, indecent exposure and stalking is also a criminal offence.

Sexual harassment can happen anywhere – while at work, in a shop or restaurant, at school or college, when looking for accommodation, or when dealing with tradespeople, businesses or state or local government officials.

An employer can be legally responsible for sexual harassment by their employees, unless all reasonable precautions are taken to prevent its occurrence.

Examples of Sexual Harassment

• A café operator makes unwanted sexual or suggestive comments, jokes or taunts to patrons.
• An employer propositions a subordinate for sex or asks questions about an employee’s sex life.
• Workmates send a co-worker emails with links to websites selling sex toys, even though the other worker has asked them to stop.
• A colleague shares a pornographic video of himself having sex.
• A female employee sends her boss a photo of herself naked.
• A female staff member has a boyfriend. A cartoon depicting her and her boyfriend having sex was put on the noticeboard by a co-worker.
• A student asks a fellow-student on a date, but she says no. He wasn’t happy about this and started to texting her and posting comment son Facebook about her, commenting on her body.

Options for dealing with sexual harassment

1. Tell them to stop: If possible, tell the offender verbally or in writing that their behaviour is offensive and unacceptable and that you want it to stop immediately. This option may not always be appropriate however, as the individual may feel intimidated or uncomfortable dealing directly with the harasser.  If this isn’t possible, you should discuss it with a person who is in charge, such as your work supervisor or teacher.
2. Keep a written record: you should keep a written record of everything that has happened, when it happened and the names of any people who saw what happened.  You can keep notes in your phone if you want.
3. Get some support: if someone has sexually harassed you or sexually or indecently assaulted you, you can call 1800 RESPECT to talk about your situation. If the behavior involves touching you in a sexual or indecent way, it’s a crime.  You can also call your local police station to report what happened.
4. Make a complaint: depending on where the harassment occurs there may be guidelines or a policy which you need to follow to report what has happened and make a complaint. For example:
   • Workplace – the person who has been sexually harassed can seek assistance and further options from their manager, union representative, human resource personnel or equity contact officer.  Most workplaces have a sexual harassment policy which outlines the complaint procedure.
   • School – the Qld Department of Education Training and Employment has a policy for sexual harassment which applies to all state schools. Schools may also have their own policy on complaints procedures for sexual harassment which can be accessed by students. If the incident happened at a school or educational institution, the individual may seek assistance from a teacher, guidance officer or other welfare staff.
   • Government  – If the issue is still not resolved or didn’t occur at school or work, you have the right to make a complaint to the Australian Human Rights Commission which is run by the Commonwealth government or to the QLD Anti-Discrimination Commission which is run by the state government. A compensation lawyer can advise you about which organisation to make your complaint to, because the federal law is slightly different to the state law.  It doesn’t cost you anything to make a complaint. Generally, complaints must be made within 12 months after the harassment happened.
5.  Tell Someone: Sexual harassment is unacceptable and you should speak to someone that you trust. If you do not speak to someone, or report what happened, then no one will know what is going on and they can’t help you.
6. Get legal advice:  Getting legal advice can really help, by clearly identifying that the sexual harassment has occurred and by confronting the offending party with their actions.   Sexual harassment claims can often be resolved without the need for court action, provided that they are properly formulated in the first place. Resolutions may include apologies, compensation, changes to business procedures or disciplinary proceedings against the discriminator.
7. Complaints lodged with the Anti-Discrimination Commission of Queensland (under state law) or Australian Human Rights Commission (under federal law) are generally referred for a conciliation conference with the aim of producing an agreed settlement. It can be critical to have effective representation at these conferences.

More information

If you feel that you have been the victim of sexual harassment, please contact us for a free initial consultation to review your case.  Should we agree to proceed, we provide compensation law services on a no-win no-fee basis.

Contact us on PH:  07 4639 0333 for more information, or to arrange a free consultation about your compensation claim.

How to best prepare for your claim

1. First things first, take care of your own health, so that all injuries are immediately assessed and treated.
2. Next, contact an experienced compensation lawyer so that they can file a claim on your behalf.
3. Get a Medical Assessment from your GP as soon as you can after the accident to have any injuries assessed. This assessment should also consider your ability or inability to return to work. Lost income is a potential component of your compensation claim.
4. Make a detailed account of the accident. Write it down as a permanent record with all relevant detail.

Do not contact the other party or the other party’s legal representation. Leave this to your lawyer.
Also, do not return to work until you are medically cleared by your doctor or appropriate specialist to avoid aggravating any injuries unnecessarily.

More information

For all personal injury claims, our personal injury lawyers offer a free initial consultation to review your case, and give you the opportunity to explore your legal options. Should we agree to proceed, we provide injury compensation services on a no-win no-fee basis.
Contact us on PH: 07 4639 0333 for more information, or to arrange a free consultation about your compensation claim.

How to lodge a medical negligence compensation claim

Contact a personal injury lawyer before you make a medical negligence compensation claim.
For all compensation claims, our personal injury lawyers offer a free initial consultation to review your case, and give you the opportunity to explore your legal options. Should we agree to proceed, we provide injury compensation services on a no-win no-fee basis.

Once you contact us, we will take your statement and give you our initial professional assessment about your claim. We will then begin our investigation into the negligence which caused your injury. We will need to obtain all medical records and certificates from your doctors, and possibly seek a second or third medical opinion.

More information

If you have been injured or suffered illness as a result of medical negligence / medical malpractice, contact us on PH: 07 4639 0333 to arrange a free consultation discuss your options.