Carbone Lawyers

If you’ve suffered an injury or trauma while at work, you may be able to claim workers’ compensation, obtain a lump sum payment, sue for damages or claim against your income protection insurance and superannuation.

A workplace injury can be more than physical harm or trauma. It includes any disease, bullying or other psychological damage that’s linked to your job or your workplace. Even pre-existing injuries or illnesses that are aggravated by your job may count as a work-related injury.

Here are some of the most common workplace injuries:

• Back and neck injuries
• Shoulder and hand injuries
• Bone Breaks and Fractures
• Construction site injuries
• Fire or chemical burns
• Anxiety, depression or other mental health issues
• Bullying and psychological abuse at work
• Loss of hearing from noise exposure at work
• Farm injuries
• Exposure to hazardous materials (i.e. chemicals, asbestos, silica)
• Melanoma and other cancers
• Asthma and respiratory disease
• Stroke, or heart disease worsened by employment

What compensation will cover

If you are a full-time or part-time worker in Victoria, it is compulsory for your employer to have WorkCover insurance for you. In certain circumstances, subcontractors may also be counted as workers. WorkCover will cover costs such as:

 

• Weekly payment of compensation
• Payment of medical treatment and rehabilitation costs
• Modifications to your home or car
• Ambulance and other transportation costs
• Lump-sum compensation in the event of a serious injury

The workers’ compensation specialists at Carbone Lawyers will help you to submit and pursue your claim for compensation. If your WorkCover claim has been rejected, we can help you appeal the decision.

IMPORTANT: Never sign anything or accept any compensation offer until you’ve received proper legal advice. You may be entitled to a lot more than you’ve been offered. Don’t settle for less.

Legal action against your employer

Suppose your injury was the fault of your employer or another person and is considered “serious” as defined by the Victorian Workers’ compensation legislation. In that case, you might be able to sue for: 

• Pain and suffering
• Future loss of earnings and loss of earning capacity
• Loss of superannuation contributions

We will advise you on the likely success of a lawsuit once we understand your circumstances.

Superannuation claims

If you have an income protection policy as part of your superannuation and you’re forced to stop working due to injury, you may be able to claim against the policy. In some circumstances, you might be entitled to a superannuation lump sum.

Please see our Page on Superannuation, Total & Permanent Disability and Income Protection

Road Accident

If you’ve been in a road or transport accident, you may be able to claim compensation and benefits regardless of who was at fault. 

We understand that if you are suffering from the trauma and pain of an accident, making a compensation claim may seem overwhelming or intimidating. That’s why at Carbone Lawyers, we’ll handle everything for you and get you the compensation you deserve.  And remember, our No Win, No Fee policy means no risk to you.

Who can claim compensation, damages or benefits?

• Any driver or passenger injured in an accident involving a car, ute, van, or truck regardless of cause or fault.
• Any driver or passenger of a motorcycle or scooter involved in an accident regardless of cause or fault.
• A pedestrian injured by a vehicle.
• A cyclist injured riding on the road, dedicated bicycle path or shared pathway. This includes incidents of ‘dooring’ where cyclists hit the open door of a vehicle.
• A passenger injured on a tram, bus or train.
• A worker injured while operating a registered vehicle.
• A worker injured while operating work-related vehicles like forklifts, tractors or quad bikes.

Every accident claim is different. If your circumstances don’t fit any of these descriptions, you may still be entitled to compensation. The specialist team at Carbone Lawyers will be able to advise you if you have a claim. Contact us today.

Injuries that are covered by compensation

Road accidents are traumatic and stressful event for the people directly involved and their loved ones. Injuries can be both physical and psychological, and some can have a long-term impact on the quality of life. These include injures such as:

• Spinal cord injuries
• Whiplash injuries to the head, face, neck, shoulders or back
• Numbness or pins and needles
• Lower back injury and sciatica
• Broken or fractured bones
• Brain injuries
• Soft tissue injuries
• Shock and psychological trauma
• Scarring

The Transport Accident Commission (TAC)

Every registered vehicle in Australia has Compulsory Third Party (CTP) insurance included in the cost of registration. This money is to compensate those who have been injured in an accident. In Victoria, this is done through the Transport Accident Commission (TAC).

All road users, including drivers, passengers, and pedestrians injured on the road, can make a TAC claim for medical and other expenses. Benefits may also be paid to the family if someone has died in the accident.

You may receive compensation for:

• Doctor, hospital and ambulance fees and pharmaceuticals
• Rehabilitation and disability services
• Help to return to work or re-training
• Home and vehicle modifications if you have been permanently disabled
• Home help services like child care, cleaning, gardening and school tutoring
• Psychology and family counselling
• The cost of travel to and from medical appointments
• Travelling and accommodation expenses for a spouse / dependent children in certain circumstances
• Funeral expenses
• If your injury is severe and permanent, you may be entitled to injury compensation for pain and suffering and permanent impairment.

Income Benefits

If you are unable to work due to injuries from a road accident, you may be able to claim income benefits from the TAC. You can also claim if you can only work part-time or reduced hours due to your injuries.

These benefits are payable for up to three years after the accident unless your impairment reaches a 50% threshold. In this case, TAC benefits may be payable until retirement age.

Lawsuits for negligence

If another person’s negligence caused the accident, e.g., they ran a red light, you may be able to claim damages under a common law claim. This would be in addition to any compensation you receive from the TAC.

If you have already initiated a claim but feel frustrated or unsatisfied with how your claim is progressing, contact our specialist team to discuss how we can get you a better result.

For information about what to do if someone close to you has been killed in a road accident please call us directly.

IMPORTANT: Never sign anything or accept any compensation offer until you’ve received proper legal advice. You