Guides and commentary on compensation and personal injury law in New South Wales.
Being told you can no longer return to your pre-injury job is difficult enough. When your workers’ compensation insurer then refuses to fund the retraining you need to move into a new line of work, the process can feel demoralising. Our team at Burke Mead Lawyers recently ran a matter in the Personal Injury Commission […]
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If you have suffered a workplace psychological injury in New South Wales, the laws that decide whether you can claim workers’ compensation have changed. The Workers Compensation Legislation Amendment Act 2025 and the Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2026, together with the Workers Compensation Legislation Amendment Regulation 2026 and the Workers Compensation […]
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A shoulder injury can leave you in pain, out of work, and facing mounting medical bills. If someone else’s negligence caused your injury, you may be entitled to claim compensation. In NSW, there is no single “average” figure for shoulder injury compensation payouts. Payouts for shoulder injuries depend on how the injury happened (which decides […]
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On 22 June 2026, the Trustees of the Christian Brothers (Oceania Province) announced they would seek creditor and Court approval for a Creditors’ Scheme of Arrangement under the Corporations Act 2001 (Cth). For survivors of abuse experienced in Christian Brothers facilities, this announcement raises pressing and difficult questions about what happens next, whether existing claims […]
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As a contractor or subcontractor, you likely have public liability insurance, but you may not be entirely sure what the policy actually protects. This guide explains what contractor public liability insurance covers, the gap most contractors don’t realise is there, and if you’ve been injured while contracting or subcontracting in NSW, what compensation you may […]
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If post-traumatic stress disorder (PTSD) or another mental illness has stopped you from working, you may be entitled to a Total and Permanent Disability (TPD) payout through your superannuation or a personal insurance policy. We understand this can be a stressful time, and that money worries on top of your health can feel overwhelming. The […]
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In NSW, employers are generally not required to pay superannuation on workers’ compensation weekly payments. There are three exceptions: your modern award requires it, your enterprise agreement requires it, or you are working on suitable duties and being paid wages by your employer for the hours worked. This guide sets out the position in NSW […]
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Total and Permanent Disability (TPD) insurance pays a lump sum if illness or injury leaves you permanently unable to work. Most working Australians already have TPD cover bundled inside their super fund, often without realising. The lump sum payout helps cover living expenses, medical care, mortgage payments, and home modifications. If you are reading this […]
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If you were injured in a bus accident in New South Wales, recent changes to the law may directly affect your compensation entitlements. In March 2026, the NSW Government moved to resolve a significant legal inconsistency that had left bus accident victims in a different position to people injured in other types of motor vehicle […]
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You may be entitled to claim under both CTP insurance and workers’ compensation legislation if you have been injured in a road accident while working or commuting to work. These are two separate compensation schemes, and understanding how a CTP and workers’ compensation claim works could make a significant difference to your recovery and financial […]
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If you’ve been injured in a motor vehicle accident in New South Wales, you may be entitled to compensation through a CTP insurance claim — and you might not even realise it. Every registered vehicle in NSW carries Compulsory Third Party (CTP) insurance, which means that regardless of your role in the accident, you could […]
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Being injured at work is a stressful and often disorienting experience. In the immediate aftermath, many workers are unsure what steps to take — whether to report the injury, when to seek medical treatment, and how the workers’ compensation claims process actually works. The financial stress of being unable to work while waiting to understand […]
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Being injured in a motor vehicle accident can turn your life upside down. Between medical appointments, time off work, and the emotional toll, the last thing you need is confusion about your right to claim compensation. Car accident compensation is designed to provide financial support for injured people – covering medical expenses, lost income, rehabilitation, […]
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If you’ve been injured while travelling to or from work in New South Wales, you may be entitled to workers’ compensation. These types of claims are known as journey claims, and while they can be complex, understanding your rights is an important first step toward getting the support you deserve. Journey claims NSW are governed […]
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If you’ve been injured at work, you may be entitled to workers’ compensation. Making a claim can provide essential financial support during your recovery, covering weekly payments, medical expenses, and potentially lump sum benefits for permanent impairment. However, before claiming workers’ compensation, it helps to understand the process and your rights. The workers’ compensation system […]
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If you have experienced a traumatic event and are now living with a mental health condition, you may be asking yourself: Can I claim compensation for a psychological injury in Australia? The answer is yes. Psychological injuries are recognised under Australian law, and you may be entitled to compensation if your mental health has been […]
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The case of Sukkar v Adonis Electrics Pty Limited [2014] NSWCA asks the question of whether a worker can aggregate Whole Person Impairment (“WPI”) for workers compensation hearing loss (“industrial deafness”) claims. In other words, if an injured worker’s hearing loss has worsened since the first lump sum compensation claim for permanent impairment, can the initial ‘hearing […]
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In the case of ALDI Foods Pty Ltd v Young [2016] NSWCA 109 the plaintiff brought proceedings against Aldi Supermarket in the NSW District Court after the plaintiff stepped or tripped over a Pallet Jack used by the employee of Aldi to restock display boxes with strawberries. The plaintiff argued that Aldi breached their duty of care by placing the Pallet […]
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A Canberra woman’s family has been awarded $1.2 million in compensation six years after she died giving birth at Canberra’s Calvary Hospital. Corrina Medway had pre-eclampsia when she gave birth to twin girls in May 2011. After delivery, Ms Medway complained of severe chest and back pain. Her obstetrician, Dr Andrew Foote, prescribed her 10 […]
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Increasing numbers of Australians are starting their own businesses. Xero’s Boss Insights report reveals that of 2.4 million small businesses in Australia, a huge 1.5 million were sole traders. As a sole trader, you are your own boss, which provides independence and flexibility in how you operate your business. However, sole traders are fully liable […]
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Individuals who have been terminated are still eligible to file a workers’ compensation claim, provided they can prove they suffered an injury or illness arising from their employment. However, it may be more challenging to enter a successful workers’ compensation claim as the law states you are required to lodge a claim as soon as […]
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In November 2024, the High Court of Australia delivered a decision in Bird v DP (apseudonym) [2024] HCA 41, which drew a clear line in the sand, confirming that institutionscan only be found vicariously liable in an employment relationship and not a relationshipakin to employment, such as those with priests and churches. This decision created […]
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Institutional abuse is a serious issue affecting people across Australia, often within organisations that are meant to provide care, protection, or support. Institutional abuse refers to the mistreatment, neglect, or exploitation of individuals by those in positions of authority within an organisation or institution. This can occur in settings such as aged care facilities, schools, […]
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The impact of institutional abuse in schools can have profound and lasting effects on survivors. Following the groundbreaking Prince Alfred College case in 2016, Australian law has evolved to better recognise schools’ responsibility for protecting students in their care. Following landmark cases like Prince Alfred College (2016), Australian law has strengthened protections for children and […]
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Understanding mandatory reporting is essential for anyone working with children or young people in New South Wales (NSW). Mandatory reporting laws require certain professionals—known as mandatory reporters—to notify child protection authorities if they suspect a child or young person is at risk of significant harm. This guide explains the legal requirements, reporting process, and local […]
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If you have suffered a workplace injury in New South Wales, you may be asking: How long after injury can you claim workers’ comp? Understanding these time limits is essential to protect your rights and access the support you need. Our latest guide explains the key deadlines, what to do if you miss them, and […]
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Medical negligence cases represent some of the most complex areas of personal injury law, as the intersection of healthcare standards and legal accountability creates significant implications for both medical professionals and patients. Understanding cases on medical negligence is important for those seeking compensation and experienced lawyers can help make sense of key legal precedents established […]
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If you’ve suffered an injury in a public place or on someone else’s property in NSW, you might be wondering if you can make a public liability claim. Public liability claims help people recover medical expenses, lost income, and other costs after accidents caused by someone else’s negligence. This guide explains public liability, provides real-world […]
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A bicycle accident with a car can have a lasting impact on cyclists and their families. Whether you’re commuting or cycling for leisure, sharing the road with motor vehicles carries risks. The team at BurkeMead recently helped Tom*, a 45-year-old retail worker who was involved in a bike accident on his way home from work. […]
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The Royal Commission into Institutional Abuse has had a profound impact on how Australia addresses child sexual abuse within institutions. Established in 2013, the Royal Commission into Institutional Responses to Child Sexual Abuse investigated how organisations such as schools, religious institutions, and care facilities responded to allegations of abuse. The significance of these final reports […]
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Historical abuse cases represent some of the most complex and sensitive areas of Australian law, involving survivors seeking justice for wrongs that may have occurred decades ago. In the legal context, historical abuse refers to any form of physical, sexual, emotional, or psychological harm that occurred in the past, typically involving children who are now […]
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If you’ve been injured in a car accident in NSW, understanding your rights to compensation can feel overwhelming during an already difficult time. Motor vehicle accident compensation claims operate under a complex legal framework, but successful cases demonstrate that with proper legal representation and comprehensive evidence, accident victims can secure fair compensation for their injuries […]
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When workplace injuries occur, understanding your rights under New South Wales workers’ compensation law can make a significant difference in determining whether you face financial hardship or receive fair compensation. In this article, we’ll show examples of successful compensation cases and what you need to know if you think you are eligible for compensation. Contents […]
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If you’ve ever felt helpless after someone invaded your privacy – whether through unauthorised surveillance, misuse of your personal information, or intrusive behaviour – you’re not alone. Until now, Australians have had limited legal options when their privacy was seriously violated, often having to rely on complex defamation laws or other indirect remedies. This has […]
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Workplace negligence is a significant area of Australian law that entitles employees who suffer injuries or illnesses while at work to seek compensation for their injuries or illnesses. This compensation may include reimbursement for medical bills, ongoing treatment, transportation, and care services, as well as a lump sum payment for lost wages. The foundation of […]
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Back injuries are among the most common workplace injuries in New South Wales, affecting thousands of workers each year across various industries. These injuries can have devastating effects on workers’ daily lives, limiting mobility, causing chronic pain, and often preventing them from continuing in their chosen professions. The NSW’s workers’ compensation system is designed to […]
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Total and Permanent Disability (TPD) claims are designed to be a financial lifeline for individuals who have suffered debilitating back injuries that prevent them from continuing to work. These claims, typically attached to superannuation policies, provide lump-sum payments to support those who can no longer work due to serious injury or illness. Many people with […]
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Slip and fall accidents in public places, workplaces, and private properties are one of the most common causes of injuries in Australia. You may be entitled to compensation if you’ve experienced a slip and fall injury in New South Wales. This guide will explain the legal rights of injured individuals, the process of claiming compensation […]
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In Australia, slip and fall accidents represent a significant area of personal injury law, with cases regularly appearing before courts across the country. These example cases showcase how important the duty of care owed by property owners, occupiers, and businesses is for themselves and others. Slip and fall accidents can happen anywhere, at any time; […]
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When a workplace accident results in the death of a worker, the emotional toll on families is devastating and financial concerns can add another layer of stress to an already overwhelming situation. Under New South Wales workers compensation laws, dependents of deceased workers may be entitled to death benefits that provide crucial financial support. This […]
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Whiplash is one of the most common injuries sustained in motor vehicle accidents across New South Wales. Despite its prevalence, whiplash remains one of the most misunderstood and often undercompensated injuries in the NSW compensation system. Contents Understanding Whiplash Injuries Whiplash is a soft tissue injury that affects the neck and upper back when the […]
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In New South Wales, the path to compensation after a forklift incident may not be straightforward. Depending on the circumstances of the accident, injured parties may be eligible to pursue either workers’ compensation benefits or a motor vehicle accident (MVA) claim – and in some cases, both. Understanding the distinction between these legal pathways is […]
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Cyclists on our roads have legal rights and responsibilities, as do drivers and pedestrians, and may be entitled to compensation if involved in a bicycle accident. But even those who are aware, may not know how to proceed with a bicycle accident claim, especially as the accident can arise from a range of scenarios and […]
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With so much information out there about Workers Compensation and how it works, the practical steps you need to take to make a Workers Compensation claim can be complicated. It can be even more confusing during the process as the injured worker is dealing with their injuries and receiving information from their employer, insurers (who […]
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This guide to car accident claims covers everything you need to know about making a car accident injury claim. We explore who is eligible to make a claim, how to claim, and how much compensation you may be able to expect. If you are involved in a car accident and believe you may be eligible […]
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If you believe you have suffered, or are suffering from a work-related physical or psychological injury or illness, it is important to contact an expert workers compensation lawyer to ensure you receive independent legal advice regarding any legal entitlements and compensation. The team at Burke Mead Lawyers are highly experienced in assisting individuals with successful […]
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According to SafeWork Australia, stress is responsible for up to 92% of serious work-related mental health concerns. Whilst WorkCover in NSW doesn’t explicitly cover ‘stress leave’, if you are suffering a psychological injury due to your employment, you may be eligible for workers’ compensation. Contents What is Stress Leave and How Does It Work? Stress […]
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Knowing how you can access superannuation death benefits is crucial for your financial stability after the death of a loved one – whether that’s a blood relative, spouse, or someone with whom you have a close personal relationship. Generally, a superannuation death benefit is a payment made to a dependent beneficiary or to the trustee […]
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When a cyclist hits a pedestrian, who is legally at fault? Can you claim compensation if you are injured in this type of accident? In 2024, bike commuting in NSW experienced a record 28% growth. With such a significant increase in cycling activity, there is an increased risk of cyclist-pedestrian collisions that present complex legal […]
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A landmark 2024 decision in the case of Kmart v Marmara has reshaped how retail stores must approach customer safety in NSW. When a routine shopping trip ended with Ms Marmara being struck by a falling mountain bike at a Woy Woy Kmart, it sparked a legal battle that would establish crucial precedents for retail […]
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Under Section 83 of the Motor Accidents Compensation Act 1999, once the insurer has admitted liability, they must pay reasonable medical expenses and the injured person can make a claim for financial hardship (wage loss). The purpose of this legislation is to protect injured persons harmed in motor vehicle accidents so they are not left […]
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How Do Claims for Lump Sum Compensation for Permanent Impairment Work? When making a permanent impairment claim, how can you make a claim for permanent impairment through your workers compensation insurer? And can you only claim once for a lump sum payment? Contents First, What is a Permanent Impairment Injury? Your eligibility for making a […]
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When a person is injured at work, they will go to a doctor or hospital to have tests to establish what their injury is, whether surgery is required and what the rehabilitation process involves. However, when it comes to psychological injury in the workplace, the process is completely different. The worker will often present to […]
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If you are receiving workers compensation from an injury that has significantly altered your ongoing quality of life, you may be entitled to a Whole Person Impairment lump sum payment in NSW. If you believe you may be eligible for whole person impairment compensation, you should contact an experienced legal professional at like Burke Mead […]
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If you have made a claim for WorkCover and are unhappy with a decision made by your employees insurer, you can dispute their decision through WorkCover conciliation/arbitration. In these circumstances, it is important you receive independent legal advice from experienced compensation law professionals, such as the team at Burke Mead Lawyers. Our expert professionals can […]
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Your Guide to Workers Compensation Law in NSW Employment law regarding workers’ rights and compensation legislation can be confusing, but as a worker, it’s important to know your rights. These rights include a safe working environment and compensation when injured due to work. Most employees and employers in Australia are protected by a variety of […]
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After a car accident in Australia, the timeframe within which you can submit a motor vehicle accident claim largely differs depending on various factors. These factors include the state or territory where the accident occurred and the type of claim you intend to make. Generally, the deadlines for lodging a claim are put in place […]
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A woman has been awarded $292,335 in damages in the NSW District Court after she sustained an injury from slipping over at a Coles supermarket in Western Sydney. Ms Hill had been wearing thongs when she walked past a refrigerated cabinet filled with fruit and vegetables and suddenly “hit the ground with a thud” (SMH) suffering […]
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When an emergency happens but there are no emergency personnel to respond to, ordinary people or ‘Good Samaritans’ may step in to try and help. Assisting someone who has been in a motor vehicle accident is a good example of this. But often people are hesitant to provide emergency medical assistance, for fear of being sued or […]
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The issue of unwanted pregnancies is a delicate topic, and it is an area of medical practice that doctors are always very mindful of and vigilant about. Whatever the thoughts held about private individuals when it comes to unwanted pregnancies coming to full term, the medical advice that a doctor provides as to the health […]
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A Brief Overview of the Commonwealth Workers Compensation System If you are a Commonwealth Employee, then your workers compensation rights are governed by the Safety, Rehabilitation & Compensation Act 1988. Under this system, you are entitled to payment of weekly earnings (at prescribed rates) for all periods you are unfit for work. You are also entitled to […]
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Have you received a section 78 notice regarding your workers compensation claim stating your claim is being rejected? While this is disheartening, it is not the end of the matter. You can take your claim to a personal injury lawyer experienced in workers compensation claims, such as Burke Mead Lawyers, to find out else if […]
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The Workers Compensation Commission has recently reaffirmed its position that the 2012 amendments to the Workers Compensation Act do not apply to a worker who has made a claim for section 66 lump sum entitlements prior to June 2012. Section 66 of the Workers Compensation Act states: 66 Entitlement to compensation for permanent impairment (1) A worker who receives an […]
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The judgment of Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250 handed down on 27 August 2015, held that under s66(1A) of the Workers Compensation Act 1987 (“the Act”), a worker can only make one lump sum compensation claim for permanent impairment. The decision follows proceedings brought about by Mr Green against his employer, Cram Fluid Power […]
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What do you do when you’re in an accident on the road, but there’s nobody around to witness it? A recent Court of Appeal decision demonstrates one of the many complicated issues that can arise in motor vehicle accidents. A cyclist was awarded damages by a District Court Judge for injuries sustained during a fall […]
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Let’s all be honest: there are your working relationships, your social relationships, your family relationships. Now, the saying goes that you never mix family with business (there’s even some case law that confirms that theory). But what about mixing your working relationships with your social media? Well, that’s a bit more of a difficult one. […]
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How much is a finger worth? Is one worth more than the other? Severing any part of one’s body is no doubt a traumatic experience and would leave a person vulnerable to job loss, emotional and financial hardship as well as a significant drop in quality of life. However, the severity of an injury of […]
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Working from home is increasingly becoming a reality for many Australian workers. Workers with school aged children or those looking to avoid long commutes to work are beginning to take advantage of their employers flexible working arrangements which allow them to undertake their role from the comfort of their own home. It all sounds great, […]
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Mediation can be a highly beneficial, guiding & supporting part of the dispute resolution process in personal injury cases. Mediation is an informal alternative to a court hearing, in which a third party assists in attempting to negotiate a mutually beneficial outcome for the parties involved. So how can mediation help you? Successful mediation can […]
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Contents 1. PROFESSIONAL AND OBJECTIVE As both physical pain and emotional trauma can be a result of a personal injury, it is always helpful to be able to see things through a Personal Injury Solicitors mind to know what your rights really are. GET HELP NOW WITH YOUR PERSONAL INJURY Get in touch with our […]
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Pedestrian accident compensation claims are a type of motor vehicle accident compensation. These types of motor vehicle accident claims support pedestrian victims who have been injured by a vehicle or loved ones who lost someone. Pedestrian related motor vehicle accidents can occur when individuals are walking on sidewalks, crossing roads, or even in parking lots. […]
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If you’ve been injured in a car accident at your place of work, the question often arises: to whom do you make a claim? The workers’ compensation insurer or the CTP insurer of the vehicle you believe is most at fault? The short answer is both. Your workers compensation claim will take precedence, and the workers […]
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Occasionally, insurance companies use private investigators to gain further evidence on your claim. One of the most basic measures you can take to protect yourself, is to not dress your story up too much. It is always best to be completely honest, do not overstate your injuries or change your story. If a private investigator […]
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Personal Injury Claims & Dog Bite Law NSW: What Does The Law Say? Suffering a dog attack injury is not only terrifying to experience, it can also have serious ongoing consequences for the victim, but can you claim compensation for a dog bite? The short answer is yes, you may likely be able to claim […]
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Everything You Need to Know About Workers Compensation Claims and Psychological Injury When it comes to mental health issues, many people are not familiar with common law claims and are unaware that they could be entitled to workers compensation for psychological injury. As a result, too many Australians go without the mental health support they need and […]
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Compensation for historical abuse is available to survivors across New South Wales. Whether the abuse was physical, emotional, or sexual, the effects can last a lifetime. Many people feel uncertain about their rights or how to start a claim, especially when the abuse happened years or decades ago. This guide is designed to help survivors […]
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In recent years, New South Wales (NSW) has made significant strides in addressing historical and institutional cases of abuse (mistreatment of individuals within organisational settings, such as schools, religious institutions, or care facilities). For survivors of institutional abuse, seeking justice can be a crucial step in the healing process. It not only provides potential financial […]
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Pedestrian accidents remain a significant concern in New South Wales (NSW). Common causes of pedestrian-vehicle collisions include distracted or dangerous driving, speeding, failure to stop at a pedestrian crossing, and pedestrians crossing against signals or outside designated crossing areas. Given the risks, pedestrians must understand their rights and responsibilities on NSW roads. In this guide, […]
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In New South Wales (NSW), medical negligence law is designed to protect patients who have been harmed by a medical professional during treatment or medical intervention. These laws provide a framework for patients to seek compensation for their injuries and ongoing medical expenses, as well as holding healthcare providers accountable for their actions. If a […]
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The NSW Police Force has announced a new insurance and support scheme for officers, the ‘Enhanced Police Support Scheme’ (EPSS), which will replace the current ‘Police Blue Ribbon Insurance’ (PBRI) from 1 October 2024. This blog post aims to clarify the key changes to the Police Blue Ribbon Insurance. Whether you’re a current officer, a […]
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Total and Permanent Disability (TPD) insurance is designed to provide financial support for those unable to work due to injury or illness. To make a successful TPD claim, claimants must provide accurate information, extensive medical evidence, and documentation and meet the insurer’s definition of disability. Understanding the TPD claims process is essential for maximising the […]
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Understanding the most common TPD claims can be crucial for individuals facing long-term disability. Total and Permanent Disability (TPD) insurance provides financial support when a person can no longer work due to illness or injury. At Burke Mead Lawyers, we assist clients with a range of TPD claims, but some types occur more often than […]
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Navigating the aftermath of a public transport accident can be overwhelming, as victims often face uncertainty regarding their legal rights and the claims process. Understanding how to make a public transport accident claim is crucial for securing the compensation they deserve. Contents Understanding Public Transport Accident Claims In New South Wales, specific laws govern motor […]
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Car accidents can happen to anyone, at any time, and often leave victims grappling with the physical, emotional, and financial repercussions. In the state of New South Wales (NSW), the Motor Accident Injuries Act 2017 plays a pivotal role in providing a legal framework for those involved in motor accidents, ensuring they receive the necessary […]
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Motor vehicle accidents can be a traumatic experience for those involved, resulting in injuries, property damage, and emotional distress. In New South Wales (NSW), people who are injured in motor vehicle accidents may be eligible for compensation. Compensation is designed to ensure that people receive the support they need to recover from their injuries by […]
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Coal Mine Workers Compensation & Redemption Settlements Workers injured in the coal mining industry of New South Wales have distinct rights in regards to workers compensation claims and entitlements. Coal mining is a dangerous profession, and workers in this industry face a high risk of injury or death due to accidents. As a result, workers’ […]
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Essential Steps To Protect Your Right to Compensation Forklift accidents represent one of the most serious workplace safety concerns in New South Wales. While most of these accidents are preventable through proper safety protocols, knowing what to do after a forklift accident is crucial for protecting your legal rights and ensuring fair compensation under NSW […]
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The increasing frequency of motorcycle accidents in New South Wales has highlighted the critical differences between Compulsory Third Party (CTP) claims for motorcycle accident injuries and death claims arising from fatal accidents. This blog outlines the key differences in compensation frameworks, eligibility criteria, and claims processes between motorcycle injury claims and death benefit claims under […]
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The National Redress Scheme was created in response to the Royal Commission into Institutional Responses to Child Sexual Abuse and provides support to people who have experienced institutional child sexual abuse. The scheme offers victims and survivors a redress offer that includes payment, support and a direct personal response from the institution responsible. However, if […]
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