A medical glossary has been added to the injury publications to assist practitioners with ready access to better understanding medical and trauma terms.
Transport Accident Claim update (TAC)
The indexed amounts have been updated and commentary about Notice of Accident has been included.
Workers compensation
This publication was recently reviewed with updates to commentary and precedents.
NSW – Workers compensation – weekly benefits
Injured workers in NSW who have been receiving weekly benefits for more than five years, risk losing their entitlement from September 2017 unless they can establish a whole permanent impairment of at least 21%. This assessment can only be achieved by obtaining a Medical Assessment Certificate via the Workers Compensation Commission. Note this assessment cannot be obtained by agreement with the insurer.
Practitioners should be aware that these workers are being contacted by the insurers about this issue and may therefore contact their lawyer seeking advice. Funding for the provision of advice and medical assessment can be obtained from the Workers Compensation Independent Review office (WIRO).
NB: Injured workers and employers may also be contacted by insurers or icare to notify them of changes, as two insurance companies (CGU and QBE) are no longer providing claims service to workers compensation at 31 December 2017. This is a purely administrative change.
Transport accident claims – TAC
The commentary and precedents in this publication have been updated to reflect changes to indexed amounts
Workers Compensation NSW
DECEMBER 2016
New precedents were added including an Application for review of work capacity decision and a Work compensation referral sheet
OCTOBER 2016
The commentary and the retainer instructions were updated to reflect the new monetary amounts.
The Costs Agreements were updated to reference the time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
The Disputes section was improved, with fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
A new precedent was included Application for merit review by SIRA.
SEPTEMBER 2016
Amendments were made to precedents and commentaries to reflect new Workers Compensation Regulation 2016 and updated links to the regulation.
Motor Vehicle Accident NSW
View the Motor Vehicle Accident publication on By Lawyers
NOVEMBER
- New commentary added on recent amendments to maximum costs recoverable by practitioners – Amendments by Motor Accidents Compensation Amendment (Claims) Regulation 2016
OCTOBER
- Retainer instructions – Motor accident claim – Updated references to indexed maximum amounts of damages.
- Costs Agreements – Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
Personal Injury NSW
NOVEMBER
- Commentary – Updated link to clause 3 of CIVIL LIABILITY (NON-ECONOMIC LOSS) ORDER 2010 regarding maximum amount of damages for non-economic loss.
OCTOBER
- Retainer instructions – Updated reference to index amount for maximum non-economic loss.
- Costs Agreements
- Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
- Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
Workers Compensation QLD
OCTOBER
- Costs Agreements
- Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
AUGUST
- Commentary updated to comply with the National Injury Insurance Scheme (Queensland) Act 2016. The purpose of the Act is to ensure that anyone who sustains serious personal injuries in a motor vehicle accident in Queensland, may be eligible to receive necessary and reasonable lifetime treatment care and support under the National Injury Insurance Scheme.
- Reference to National Injury Insurance Scheme added to the following precedents: Initial letter to applicant client all claims with costs disclosures, Retainer instructions, Initial letter to applicant client lump sum claims with costs disclosures, and Letter to plaintiff with enclosures.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
FEBRUARY
- Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
- Recent changes to common law threshold – Summary of the recent legislative changes brought in by the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015 included in the Workers Compensation QLD publication commentary.
Motor Vehicle Accident QLD
OCTOBER
- Costs Agreements – Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
AUGUST
- Added commentary on the National Injury Insurance Scheme Queensland
- Initial letter to client and Retainer Instructions – information added concerning eligibility for the NIIS scheme after award of damages.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
FEBRUARY
- Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
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