There are many stories in the media about inappropriate behaviour at work functions – the more public the ‘offender’, the more likely the incident will attract ongoing attention.
The recent prevalence of silicosis has raised grave concerns for some workers and their families across Australia.
Silicosis is an irreversible and (often) fatal lung disease caused by inhaling tiny particles of silica dust which contains respirable crystalline silica. According to WorkSafe Australia silica dust is produced from ‘mechanical processes such as crushing, cutting, drilling, grinding, sawing or polishing’ products containing silica.
I was pleased to move Brittany’s admission in the Supreme Court of Queensland to practice as a qualified lawyer and Dwyer Law Group is proud to have her join our team of professional staff.
Travel insurance is an essential form of protection to have when travelling. Even if you’re going on holiday to a relatively safe location and you can’t possibly imagine anything going wrong – you never know what might happen. A hotel might accidentally lose your luggage, or you might get unexpectedly sick overseas.
Continue reading “Read the Fine Print: What Travel Insurance Companies Don’t Tell You!”
Law is a complex field, and there can be a bewildering amount of unfamiliar terminology to consider if you’re not a trained lawyer. Some familiar, everyday words have more restricted or precise meanings in the legal field. The friendly team at Dwyer Lawyer Group are always happy to help you out and you can make a free enquiry regarding a potential case here .
Firstly, we’re explaining three common terms that have complicated meanings when used in a legal setting.
In courts and in legislation, terms like ‘reasonableness’ or ‘reasonable person’ come up occasionally. These terms are used as tests to indicate the kinds of conduct that would be expected in different situations. They are used as a yardstick to compare the conduct of those involved with a hypothetical, legal situation.
For instance, in a motor vehicle accident, the court might ask questions regarding a hypothetical ‘reasonable person’ and how they would have responded in the same situation. ‘Was the accident caused by a reasonable attempt to prevent another collision?’ ‘Did the defendant take all reasonable steps to assist the plaintiff after the accident?’
The justice system always considers a baseline level of conduct, so it pays to act honestly and consistently in tricky situations – and to know what’s expected of others.
The term ‘negligence’ in law usually refers to an act or omission on the part of someone who owed a duty of care to prevent or as much as possible reduce the risk of causing injury or loss to another.
For instance, if there are complications arising from a medical operation for which compensation is sought, the court might ask questions like: ‘Did the doctor have the skills required in undertaking the operation?’ or ‘Did the doctor adequately inform the patient of the potential risks involved prior to undertaking the operation?’
The term is also applied to the plaintiff sometimes, in the form of the term ‘contributory negligence’. The court might find that a defendant acted negligently, but that the plaintiff added to their own misfortune by contributing their own measure of negligence.
The word ‘causation’ can have varying degrees of interpretation depending on the context. ‘Causation’ in science means something different to ‘causation’ in law – and we use the word ‘cause’ more loosely in everyday language.
With regard to a harm that occurs in the workplace or in a vehicle accident, lawyers ask whether or not a particular act led directly to the harm (or directly enough). This is sometimes called a ‘but for’ test, where lawyers ask: ‘But for this act having been done, would the harm have otherwise occurred?’
Sometimes, someone might act extremely negligently (a doctor might offer incorrect advice regarding an operation) but cannot be held responsible because the outcome might not have been any better even if correct advice had been given.
Standards of ‘causation’ will change depending on the context, but there usually must be a fairly direct link established between an act and the harm suffered.
Need Help Understanding Legal Jargon?
If you think you have a case for compensation or damages and need advice on how to approach it, consult with the qualified team at Dwyer Law Group. Make a free preliminary enquiry or contact us directly today!
If you have a legal issue to resolve, it is crucial to have the right people representing you. There are so many legal services available these days, but not all of them can be relied on for a first class service. The team here at Dwyer Law Group are highly experienced in the areas of negligence compensation, insurance claims and workplace accidents. Here are some of the reasons we should be your choice of Gold Coast and Brisbane lawyers.
Continue reading “Why Choose Dwyer Law Group?”
Do You Have a Case?
In an ideal world, none of us would need a lawyer and we’d be able to happily resolve our disputes in person. Sadly, this isn’t always the case. On the other hand, the portrayal of the law in the media sometimes gives the impression that there is always an opportunity to sue and a chance for success in litigation. Dwyer Law Group is your local firm for compensation and damages claims in Brisbane and the Gold Coast. We’ve assembled a few pointers to get you thinking about the circumstances in which you might have a legal case.
Is It a Legal Problem?
Not every wrong you suffer in life will be resolvable by legal means. While the law does admit to some flexibility in application, there are many firm rules and standards that will limit the circumstances in which you’ll be able to claim compensation. While something might feel ‘unfair’ in the workplace, terms like ‘unfair dismissal’ have a more restricted interpretation in a legal setting. There will be stricter criteria to be applied than simply a feeling of ‘unfairness’ on the part of the victim, however justified that feeling may be.
Often, there are also terms like ‘reasonableness’ or ‘reasonable person’ used in the law. These are generic terms that seek to ask ‘What would a reasonable person do in these circumstances?’ and are used as a yardstick to compare to behaviour in your circumstances.
Have You Tried to Resolve the Problem Through Other Means?
Nearly everything you can think of is governed by some kind of law – and there just aren’t enough resources to accommodate everyone trying to use them. That’s why a lot of legal issues will require that a person tries to resolve the dispute through non-legal avenues prior to commencing formal legal proceedings.
For instance, if you have an insurance claim rejected, it will probably be necessary to file an ‘internal complaint’ with the company prior to getting lawyers involved. It may have been an administrative error or a particular circumstance that the company was unaware of. Even if your claim is still rejected, you’ll be able to get a better idea of the precise reason it was rejected – helping you decide whether you will need the aid of a lawyer.
Legal Issues to Consider
If you think you do have a case, there are a couple of extra things to consider.
There are things called ‘limitation periods’ that restrict the amount of time you have to make a claim for compensation. These are in place so that people can’t decide ten years after the fact that they’d like to sue someone – which is potentially unfair and much more difficult for courts to decide on. These vary from case to case, so make sure to organise and present your claim as quickly as possible.
Naturally, you’ll also need evidence of your case. If claiming on travel insurance for stolen items, you’ll need to have filed a police report. If you suffer an injury at work, you’ll need to have filled out an accident report that states precisely what happened.
Speak to Dwyer Law Group about Your Case
It pays to be prepared in advance with the law. If you think you’ve suffered a legal wrong then make a free enquiry on our website, and Dwyer Law Group will get in touch to let you know whether to come in for a legal consultation.
A class action lawsuit is a common method of taking legal action for groups of people with similar grounds for legal redress. Class actions are best described as large scale comp nensation cases. They may involve claims for damages, medical costs, and/or multiple other issues. Class actions may involve hundreds, or even thousands, of people with legal claims for compensation against the same party or parties.
How Class Actions Work
Class actions may involve a whole suite of issues.
There are multiple claims against a company for compensation for problems with goods, services, financial loss, or malpractices. A class action is created to represent all claimants against the company for compensation. The class action is the most efficient, cost-effective way to bring action for all these people, who otherwise may not be able to afford to take legal action.
The “legal efficiency” factor also solves the problem of getting suitable legal representation for claimants. Some class action cases are extremely complex, involving multiple legal issues and often large numbers of legal technicalities.
Class action lawyers are experienced, with adequate resources to manage these very demanding legal issues. In contrast, individual cases may drag on for years, and could be unsustainable for some claimants, even if they have a very solid case.
Class action lawyers will identify and coordinate claims for compensation, which may involve individual issues as well as the general common claim for compensation. This is a meticulous process, identifying all areas of claim for compensation.
How Do You Participate in a Class Action?
The first thing to do is to seek help from qualified compensation lawyers. They can assist with your claim, explain the legal issues, and they can also assist in participation in a class action.
Please note: In some cases, class action lawyers may invite applications from affected claimants for a case; however, this can be a hit-or-miss approach. Not everyone is aware of class actions under way which may provide them with legal representation for their claims. Your compensation lawyers, however, will be aware of any class actions and be able to assist in engaging your claim with the class action.
The best way to manage your compensation claim is to deal with “No Win, No Fee” lawyers. You’ll get an assessment of your claim, legal guidance regarding your rights to compensation, and all the help and advice you need to pursue your claim as party to a class action.
Looking for Help with a Compensation Claim on the Gold Coast?
Dwyer Law Group offers a full suite of No Win, No Fee compensation lawyer services, including insurance law and many other common compensation cases. Ask our experienced team for any assistance you need with your claim, including participation in a class action. Give us a call on 07 5538 2766 or contact us online and speak directly to us.
It’s the nightmare scenario for travellers; a denied insurance claim that leads to very expensive out of pocket costs. If the denied claim includes health costs, it can be a serious blow to your bottom line. You may be unable to work, with massive bills piling up. In some cases, these costs can be catastrophic.
Many people are hesitant, with good reason, to take legal action. Adding legal costs to a failed claim isn’t exactly an appealing choice, especially when you already have major costs to deal with.
There are, however, much better options to get justice and solve the financial worries. In this article, we’re going to explain how to manage a denied claim, and manage your legal costs effectively to avoid further financial damage.
Travel Claim Basics
A travel insurance claim may be denied for a range of reasons:
- Claim not covered by policy: This may or may not be the case. In some cases, the claim may reasonably be expected to be covered. For example, it’s not uncommon for insurers to simply get it wrong, for whatever reason.
- Very low quality insurance coverage: There are some travel insurance policies which (to put it politely) are barely worth looking at, let alone worth buying. These substandard insurance products are highly contentious.
- Insurance company simply won’t pay the claim: This isn’t as common as urban myths make it seem, but for whatever reason, some insurers don’t pay. You’ll need legal support to make your case.
Getting Legal Representation
Before you even pick up the phone, this is the sort of legal representation you need:
- “No win, no fee” compensation lawyers : This takes care of your cost issues. You won’t have to pay anything unless you win, and your costs will be under control at all times.
- Qualified insurance lawyers : Insurance law is very complex. This is not the sort of case your family lawyer can do for you. Also bear in mind that your claim will probably be contested by the insurer. Qualified insurance lawyers can fight and match the insurance law professionals on the other side.
How Legal Representation Works for You in Insurance Cases
The first thing your lawyers will do is assess your claim, step by step, point by point. They’ll examine the basis for denial of your claim. They’ll explain to you the basis for taking your claim to court, and clarify any of the almost incomprehensible legal issues involved.
The next likely scenario is that the other side will offer to negotiate a settlement. This is also a potentially tricky situation. You may need an adequate settlement which will cover things like future medical care, for example. That provision must be built in to any settlement to manage your future costs and medical issues.
You can see why getting experienced lawyers is so important. Your lawyers will systematically address your needs, to make sure your interests and financial needs are being appropriately addressed.
Need Experienced Insurance Lawyers on the Gold Coast?
Dwyer Law Group have qualified lawyers to help you with your insurance claim. We provide a No Win, No Fee service, we’ll be happy to provide all the legal services and guidance you need. Call us on 07 5538 2766 and speak to our friendly team, or contact us online for more information.
As a country, Australia has always been a nation of workers. We have some of the highest wages in the world and we have a legislation system that protects the rights of workers. While our country is far from perfect, the systems in place strive to protect employees when they have been wronged.
Unfair dismissal is an unfortunate reality that countless Australians face every day. Fortunately, though, we are in a position where it can be scrutinised and even overturned. Knowing your legal rights could save you extreme stress, financial pressure and hardship. Let the team at Dwyer Law Group educate you about unfair dismissal and your rights at work.
What Counts as Unfair Dismissal?
Unfair dismissal is when an employee is fired from their job in a harsh, unjust or unreasonable manner. Basically, if an employer wants to fire an employee, then they must have a legitimate cause for doing so. If this reason is performance based, the employer is required to first issue a warning before any move to terminate an employee is made.
It should also be noted that you must have worked for a minimum of 6 months in a large business or 12 months in a small business to be considered for unfair dismissal. Deciding whether you have been dismissed unfairly can be a difficult task, with many different guidelines applying for companies of different sizes. That is why it is always best to consult a legal professional. They can examine your case and determine if your termination was unfair. Following this, your options may include reinstatement and compensation.
Act Fast if You Have Been Dismissed Unfairly
If you think you may have been sacked without cause, you must apply to the Fair Work Commission within 21 days of the dismissal date. If you apply later than this time period, you will be unable to apply for any compensation unless there are special circumstances to consider. It also essential that you start to gather information on your dismissal as soon as humanly possible. We recommend documentary evidence and witness details be obtained, if possible, before the dismissal is in effect. This is because your employer will most likely delete incriminating information, especially if it is on shared work computers. You should also remember that there is no right to privacy if personal emails and other information that s stored on company computers. Please also be aware that your boss will likely look at any social media posts that are not private posts.
According to the Fair Work Act of 2009, the preferred method of compensation in a successful unfair dismissal case is the reinstatement of the employee they including back pay. In these cases, the employee would be restored to their previous position and paid for the time they were out of work.
However, this is simply not realistic for the large majority of cases and compensation is instead paid out. The maximum compensation you can receive from your former employee is 6 months of pay, capped at $69,450.
If you think you have been dismissed unfairly, act now. Contact Dwyer Law Group to discuss your options for Fair Work compensation and to determine your eligibility.