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What Is The Workplace Injury Commission?
On 1 September 2022, the Accident Compensation Conciliation Service changed its name to the Workplace Injury Commission (“WIC”). The WIC is responsible for attempting to resolve disputes in relation to workers compensation entitlements between an injured worker and the WorkCover insurer via conciliation or arbitration. The introduction of the WIC led to some additional changes…
Read MoreCan my Employer or WorkCover Agent Attend my Medical Appointments?
Can my Employer or WorkCover Agent Attend my Medical Appointments? The simple answer is no. Without your consent, it is a flagrant breach of your privacy. Many of our clients approach us and query whether their employer or their WorkCover representative is permitted to attend their private medical appointments. Frequently, employers and their representatives ‘invite’…
Read MoreTruckies Rocked by Suicide Trauma Fight for Justice
A Category of Forgotten Worker/Road User This is an extremely distressing topic for us to raise, but we feel that not having the debate is to sit back and perpetuate a failure of the law and insurance for a category of hard-working, everyday people. It is a topic that involves the tragedy of suicide,…
Read MoreEven if Your Vehicle is on Autopilot – You’d Better Not Be!
Yesterday’s horrific transport accident in Armadale which left a woman in a critical condition at The Alfred Hospital after being struck by the driver of a vehicle allegedly on Autopilot, is a stark reminder of every driver’s need to understand the capabilities of the technology they are using and their non-delegable duty to be responsible…
Read MoreInjury involving an e-scooter?
INJURY INVOLVING AN E-SCOOTER? Ongoing Issues Since the first trial of e-scooters in Australia in 2021, the media has been littered with stories of people suffering injury as a result of their foray into riding e-scooters, and/or pedestrian encounters with e-scooter riders. The ABC recently reported that “A study by the Royal Melbourne Hospital found 256…
Read MoreWhat do I do when TAC advise me of my eligibility for common law compensation?
What does it mean if the TAC advise me I’m eligible for common law compensation? If you have received a letter from the TAC notifying you of your eligibility to apply for common law compensation, the TAC has done what is known as proactively granting you a serious injury certificate. One of the functions of…
Read MoreExposed to Asbestos Can I Sue?
Understanding Asbestos Exposure and Legal Options Asbestos is resistant to heat, fire and electricity and as such, asbestos products were commonly used in building, construction and insulation, in particular between 1940 and 1987. It was widely used in fibro sheeting, drains, roofs and gutters, as well as in brake pads of vehicles. It is now…
Read MoreHow To Win a Personal Injury Claim
As with anything in life, preparation is key to winning your personal injury claim. With a well-honed, award winning team like Fortitude Legal, our years of litigation experience have taught us what to expect when it comes to getting you the best financial outcome in your claim and to anticipate and be prepared for the…
Read MoreInjured on the Road – Cyclists Rights
As a cyclist, you may have entitlements under the transport accident scheme if you were injured as a result of a collision that was directly caused by the driving of a vehicle (including cars, buses, motorcycles, trains and trams). It is important to note however that you may be covered as a cyclist in a…
Read MoreDog Attacks – Your Rights
DOG ATTACKS – YOUR RIGHTS A. What Are Your Rights? The Wrongs Act 1958 (‘the Act’) is the primary legislation in Victoria, which governs claims for personal injury where a person has been bitten by a dog (different legislation applies if the dog bite occurred at work and additional rights flow). As a victim of…
Read MoreTom Burgoyne – Finalist 15th Victorian Legal Awards
Tom Burgoyne, Director and Principal Lawyer at our Geelong office has again been recognised for his outstanding service to the legal community, being named as Finalist in the Law Institute of Victoria 15th Annual Law Awards. The Victorian Legal Awards are the most prestigious legal awards program in the State celebrating the “best of the…
Read MoreThe ‘Once and For All’ Rule
Why we must get it right the first time! At Fortitude Legal, we understand that the time taken to prepare, pursue and present a Common Law claim can be frustrating. We must ensure we have tracked down every important piece of evidence, every important witness, had all pertinent issues addressed and prepared our client’s case…
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