Learn about our No Win, No Fee guarantee
Learn about our No Win, No Fee guarantee
Despite legislative reforms, discrimination based on age, religion, race, ethnicity, gender and disability remains prevalent in modern working environments.
Recent statistics confirm disappointing trends in this regard:
The stress experienced by victims of discrimination is often debilitating and most do not know where to turn for help.
There are however, some practical steps victims can take to alleviate stress, take decisive action and give themselves the best prospects of establishing a case if they need to take legal action.
Simply talking about the situation with someone else can relieve an enormous amount of stress and free up your mind. Try to avoid talking to a workmate, no matter how close you are. Rather, choose a neutral unbiased party who can provide practical advice.
Remember, not all inappropriate incidents in the workplace are legally actionable and not all unfair treatment is unlawful discrimination. It is therefore important to try to determine early on, whether your complaint involves an an isolated event that you can move on from, or behaviour serious enough to warrant either leaving your employment or escalating the matter.
If the matter is serious enough to make you want to quit, you need to consider whether that is a practical option or whether your job is worth fighting for. If you are close to retirement, peaking in your career, or if employment opportunities are limited, escalating the matter may be your only option.
The next thing to decide is whether you will attempt to resolve the issue personally through discussions with the offender and HR. Often this is a good first step. If this proves to be unsuccessful or if you feel it would be a fruitless exercise you have the option of engaging a lawyer to take action on your behalf.
The first thing a lawyer will advise you to do is document everything. Make notes of all interactions and incidents with the offending party including dates and what was said. Collect records of all conversations and other relevant documents such as performance reviews and your employer’s discrimination policies.
Chatting with a lawyer early on in the piece can help you to identify your legal rights and entitlements and all of the options available to you to address the matter. Allowing a lawyer to handle the situation can also alleviate stress.
If you are dismissed from your employment or you have suffered serious discrimination it is highly recommended that you seek legal advice as soon as possible. Strict time limits, some as short as 21 days, may apply to bringing your legal action. This means that if you delay, you can lose your right to bring a legal action altogether.
If you think you have been discriminated against in your workplace, chat with us about your options now.
It is an uncomfortable thing to contemplate one’s death, and many of us assume it’s a long way off. For this reason many neglect estate planning and put it on the back burner for later in life. However, if your time is cut short you may be left with no say in what happens to your assets, personal items, young children or even your pets. It is therefore important to consider what will happen when you die, and how you will provide for those that you love. But is it necessary to have a formal valid will in place to do this?
If you die intestate (without a legal valid will) your estate will likely be distributed under the intestacy laws, which apportion your property in a specific order of living relatives. First the estate will go to a spouse or partner, then children, parents, siblings, grandparents, and aunts or uncles. If there are no surviving relatives your estate will pass to the state.
A valid will on the other hand gives you complete control over distribution, allowing you to gift specific items to specific people, allocate proportions of your estate to persons or charities of your choice or disinherit estranged family members who would otherwise be entitled to a share. A will ensures your estate is secured for those you want to provide for.
It’s important to choose the right person to take on responsibilities like administering your estate or caring for your young children when you die. Without a will, you are leaving this decision in the hands of someone else, and it may even cost your estate if a professional trustee is engaged.
Do your family a favour by having a valid will that clearly expresses your wishes and save them the stress of having to make difficult decisions on your behalf. Eliminate any doubt about your funeral arrangements, specific gifts and who should care for minor children or pets so that cause for conflict can be minimised in what is an already distressing time.
Preparing a will in advance enables you to utilise a range of testamentary tools and structuring techniques to limit tax and transfer fees your beneficiaries will have to pay on their gifts. Such tools also be used to ensure that minor beneficiaries take their inheritance at a specified age and that the assets are appropriately managed on their behalf in the meantime.
Having a valid legal will can significantly simplify the probate process and ensure that there is no doubt about what your final wishes are. Don’t put getting a valid will in the “too hard” casket er..basket because unexpected events could happen at any time. Contact us today to see how easy it is to put secure plans in place for your family’s future. Our Wills and Probate Lawyers in Sydney are always ready to help you.
With the increasing incidence of motor vehicle break ins, road rage, violent assaults and insurance disputes, dash cams have become common place in Australian vehicles. In fact a survey back in 2014 indicated that 57 percent of road users supported the use of dash cams.
But can they really be used as evidence of another party’s fault in an accident? And what legal restrictions apply to their use?
Dash cams are mobile video camera devices which can be installed on the dashboard of a vehicle to continuously record what is happening in front of the vehicle through the windscreen, whether its driving or parked.
Provided your dash cam is appropriately installed and doesn’t cause a dangerous distraction or vision obstruction in your vehicle, they are generally legal to use in Australia. It is also legal to film people in public places including drivers and any incidents that occur on the road.
However, there are two limitations that users should be aware of regarding what you can legally record.
Private acts include those that are generally carried out indoors in circumstances where it is reasonable for the parties to expect they are not in view of other people. Therefore if you have your vehicle parked inside a garage or facing into a building, you may need to consider what your dash cam might be recording.
It is generally illegal under NSW law to record or intercept a private conversation without the consent of the parties to the conversation, or to possess a recording of a conversation obtained illegally.
If your dash cam was to record audio while you had a passenger travelling with you in your vehicle and they were unaware that the conversation was being recorded, the recording may be illegal. The situation may be different if if your dash cam managed to record audio of a conversation you had with someone following an accident in the presence of other people, and where the conversation is not considered by the parties to be private.
In general, yes they can.
In fact they can be very useful for determining fault in most cases. Insurance companies will take into account any video or photographic evidence you can provide of an accident or its aftermath which proves which party was at fault. Similarly, dash cam footage is admissible evidence in court to prove or disprove fault in a motor vehicle accident.
However, since a dash cam only provides view from a limited perspective, it will not be the only evidence that will be taken into account. A party will not succeed in proving fault simply because they have dash cam footage. The visual quality of the picture may also affect how it is viewed or interpreted by an insurer or judge.
Schofield King Lawyers have experienced car accident lawyers in Sydney who are always ready to provide you legal support.
You may think the answer to this question should be unmistakable. However many employees fail to recognise when they are being victimised by their colleagues or superiors via email communications.
Due to a general lack of awareness about what constitutes victimisation in the workplace, many victims do not know their rights. In addition, various psychological effects of victimisation and bullying may cause a person to blame themselves, experience guilt or fail to otherwise appreciate that their colleague’s behaviour is unacceptable.
Identifying and putting an end to victimising behaviour is vital to preventing unnecessary stress and stress-related health complications including anxiety depression, hypertension, heart attacks and strokes.
Victimisation includes any behaviour that subjects or threatens to subject you to detriment because you are seeking to avail yourself of your workplace rights, such as making a complaint of discrimination or harassment, exercising your health and safety rights or taking carers’ or maternity leave.
Email victimisation can include sending emails, which contain lies or harmful gossip, threats or intimidation, bullying remarks, baseless or exaggerated accusations or constant unfounded criticism.
If you feel that a colleague’s email correspondence to you may constitute victimising behaviour, there are steps you can take to determine whether you should take it further.
The first step is to start collecting evidence of your experience including all emails that have an intimidating or threatening tone. Take notes about how those emails made you feel. Determine when it first started, how long it has been happening and any initial event that may have triggered it.
If the start of the behaviour coincided with your involvement in a discrimination or harassment complaint, or the content of emails includes references to such a complaint, then you may have adequate grounds to allege victimisation.
Ask yourself whether your colleague’s behaviours individually or collectively could be regarded as reasonable administrative actions which fit with your office’s code of conduct, or whether they would be considered misconduct. Explicit or implied threats, intimidations or unfounded criticisms are generally unacceptable in the workplace.
Have the offending emails resulted in you feeling taunted, teased, singled out, belittled, degraded, patronised or as though you are being treated unfairly? If so, this is an indication that you may be subject to bullying behaviour which may constitute victimisation if they are in response to you exercising your workplace rights.
While accusing a colleague of victimising behaviour is not something that should be undertaken lightly, it is important that you do not suffer in silence. Workplace victimisation is prohibited under state and federal legislation and there are legal avenues available to you to make a complaint and get relief.
If you think you’re being victimised at work, it’s important that you seek reliable legal advice as soon as possible. Contact a worker compensation lawyer to discuss your situation now.
In Australia a minimum or “award” wage covers all employees, to ensure that everyone is paid fairly for their work. An employer cannot contract out of paying you the award wage (as a minimum), or any statutory entitlements such as breaks, overtime, leave and redundancy.
Many employees are unaware that they are being paid below the legal minimum wage for their job. Others may be aware of it, but are too scared to say anything. However all employees have the right to be paid all of their entitlements, all of the time.
If you have been underpaid for a period of your employment, you are legally entitled to recover what you are owed.
You can determine your award wage by using the ‘Pay and Conditions Tool’ on the Fair Work Ombudsman’s website or contacting the Fair work Ombudsman directly. The current national minimum wage for employees aged 21 and over is $17.70 per hour. (Different rates apply to employees with disabilities or those under an apprenticeship or traineeship).
Take a look at your contract of employment, your bank statements and pay slips and figure out how much you have actually been paid. Compare this with the award and calculate the amount that you have been underpaid.
Approach your employer with all of your pay records and request that they backpay you for the wages that are owed to you. You may find that it was merely an administrative error or a genuine mistake on the part of your employer and they are happy to correct it.
If your employer refuses to pay the owed amount, you may need to make a formal legal demand. The best way to do this is to write a letter which clearly explains what you are owed, a deadline by which the monies should be paid to you and the steps you will take if the payment is not received by the deadline.
Be sure to keep records of all communications with your employer.
If your employer is refusing to backpay you for wages, you may complain to the Fair Work Ombudsman who will investigate your complaint and arrange mediation to resolve the issues.
If you cannot resolve the dispute with your employer, and the amount you are owed is significant you may consider filing legal proceedings. If you are owed less than $20,000 the matter may be dealt with under the “small claims” procedure which is a faster and less formal court process.
Be aware that time limits apply to making claims for unpaid work entitlements, therefore it is important that you act quickly. Furthermore, making claims that you cannot substantiate against your employer can result in you having to pay their legal fees which may be significant.
For this reason it is recommended that you seek reliable legal advice as soon as possible if you discover that you have been underpaid. Contact a lawyer to discuss for your underpayment claims.
In New South Wales, a statutory scheme exists to ensure that people who are injured at work are able to receive compensation for their injuries. This requires all employers to insure their workers against accidental injuries in the workplace with a central insurer.
For this reason, workers compensation litigation is significantly different to normal personal injury or commercial litigation. Making a claim can be complex and in some cases expert advice may be required in order to succeed.
The NSW statutory Workers Compensation scheme provides specific procedures that applicants must follow if they wish to make a workers compensation claim.
All workers are generally eligible to make a ‘statutory claim’ which is a ‘no fault’ scheme that entitles you to weekly payment of your wages and medical expenses if you are injured at work.
However entitlement to claim a lump sum payment or to bring a common law action against your employer will depend on your level of impairment resulting from the injury as assessed by an expert and whether you can prove that your injury in fact resulted from your employer’s negligence.
The scheme prescribes strict time limits for making a claim. Statutory and common law claims must generally be made within 3 years of the accident or injury.
Strict timeframes are also prescribed for procedural requirements such as filing of forms, attendance at medical assessments and compulsory mediation before certain claims may be made. Failure to comply with these deadlines may jeopardise your claim.
In order to assess whether your injury has stabilised and determine the appropriate amount of compensation owing to you, your employer’s insurer will require you to undergo medical assessments. In certain circumstances it may be in your interests to obtain an independent examination from your own medical expert as well.
Insurers may also try to obtain evidence of your medical condition by hiring private investigators to obtain surveillance footage of you. This can be used against you in court.
Determining whether your employer is responsible for your injuries is a complex question of law which must be determined based on relevant legislation, case law and the evidence at hand. Insurers have teams of lawyers working for them to minimise the compensation they are required to pay to you. Therefore it is highly advisable for claimants to seek an experienced lawyer to handle their case to get the best result possible.
Depending on the type of claim you make, you may be entitled to a number of different types of compensation. This may include reimbursement for medical and hospital bills, lost wages, travel expenses, rehabilitation and return to work services as well as compensation for permanent impairment and future income loss.
Legislation prescribes amounts for certain heads of damage which are calculated off a sliding scale. Other heads of damage are calculated by adding up your out of pocket expenses.
A thorough knowledge of damages calculation is required to maximise the compensation you can recover.
If your workplace injury is minor and unlikely to result in any permanent impairment, it’s probably okay to file a statutory claim by yourself.
However, if your injury is serious enough to cause permanent damage and is likely to impact your income earning ability in the future, speak with a worker compensation lawyer about your options as soon as possible.
They can ensure you comply with all the deadlines, build a strong case, and get the maximum compensation you are entitled to.
Contact us to discuss your situation now.
Dog attacks in suburban neighbourhoods, parks and off-leash dog enclosures are surprisingly common, and can result in serious injuries to victims. The question is, can victims seek compensation for their injuries or injuries to their animal? And who is liable in such situations?
The short answer is yes. If you have been injured or your property has been damaged by an animal which is owned or under the control of someone else you may be able to get compensation.
The Companion Animals Act 1998 (NSW) sets out circumstances in which a person who owns or is in control of an animal may be held liable for damage it causes whether or not they were acting negligently.
Civil proceedings may be brought against an owner if an animal causes injuries to you or damages your clothing. In addition, an owner may be criminally prosecuted if their animal attacks, bites or chases you.
Exceptions are made however in circumstances where
Liability for the behaviour of an animal is not confined to the registered owner, but extends to persons who ordinarily keep the animal and may include more than one person.
Owners may also be liable for the cost of veterinary bills if their animal injuries another person’s animal, depending on the circumstances.
Home and contents insurance policies typically contain some cover for public liability which would extend to animal attacks. For example if you sustained serious injuries as a result of being attacked by a neighbour’s dog, you may be able to sue your neighbour for compensation. Any damages your neighbour is required to pay to you should be covered under their household public liability policy.
If you are concerned about a dangerous animal in your area, that has a history of attacking, bitting or aggressive behaviour, report it to your local council. Council officers have broad powers to deal with dangerous dogs to prevent further harm to humans and animals.
If you have sustained injuries as a result of an animal attack, you should also seek reliable legal advice on your options to recover compensation. If you want to claim any type of compensation, please contact with our compensation lawyers Sydney.
Recent reports that two government building construction sites have been contaminated with asbestos as a result of imported Chinese building products are fuelling fresh concerns over the health risks to workers who are exposed to Asbestos.
What are the risks? Is compensation available to workers who have been exposed to Asbestos? And what should you do if you are affected?
Persons at greatest risk of asbestos exposure are those undertaking renovations, repairs or other work with asbestos containing materials as the fibres are disturbed and released into the air.
Inhaling asbestos fibres into the lungs has been linked with 3 diseases, all of which can be fatal:
Asbestos-related diseases develop over a long period of time and usually emerge between 10 and 50 years after the period of exposure. The more a person is exposed to Asbestos fibres over the course of their life time, the more likely they are to develop a disease.
An affected worker may have several legal options to obtain compensation for conditions they develop as a result of exposure to hazardous levels of Asbestos in their work.
A common law claim may be brought against an employer or a manufacturer of Asbestos containing products, if the worker can prove that:
Statutory compensation benefits may be available through the Worker’s Compensation Dust Diseases Board (DDB) for workers diagnosed with a dust related disease if they suffer a disability as a result of the disease and they were employed in NSW when the exposure occurred.
Dust disease compensation cases are notoriously difficult to prove due to the significant delay between the exposure and presentation of the disease which is typically decades later. It is therefore recommended that you retain an experienced personal injury lawyer to conduct your case, so that you can ensure you have the best chances of winning your claim.
It is also vital that you act quickly. Strict time limits apply to personal injury claims and Asbestos related diseases can be life limiting, so seek legal advice as soon as possible. Our personal injury lawyers Sydney are always ready to provide you legal service.
New South Wales motorists rely on the compulsory third party insurance or “green slip” scheme, to ensure that they are able to recoup losses associated with injuries and fatalities resulting from road accidents. However, there are fears that proposed reforms to this scheme could jeopardise an injured party’s right to access adequate compensation.
Mounting concern over skyrocketing CTP premiums has prompted the State Insurance Regulatory Authority to re-examine how the current scheme is availing compensation to road accident victims.
The steady rise in premiums over recent years has been attributed to a corresponding rise in fraudulent and exaggerated claims and it is not difficult to see why. Statistics reveal that between 2008 and 2013 a 12 per cent decrease in road casualties coincided with a 40 per cent increase in CTP claims.
But while motorists may be happy to see a reduction in premiums, what will be the cost?
The group most affected by the reforms are those with injuries causing less than 10 per cent whole body impairment (WPI) which is estimated to comprise up to 95 per cent of all injured motorists. This category of claimant would only be entitled to statutory compensation for their medical expenses and lost wages for a maximum 5 year period and lump sum claims for future medical expenses and future income loss would no longer be available. The concern is that many significant injuries (even those requiring surgery) may be assessed below 10 per cent WPI yet may cause ongoing losses beyond 5 years.
The flip side of the switch to statutory compensation for claimants with less than 10 per cent WPI will mean that the money will be in their hands faster, and the claims process is less complex and protracted. The scheme will aim to pay 55 per cent of statutory benefits within 24 months of the accident.
Only a limited number of claimants would have the right to engage a solicitor to run their claim. This is concerning because unrepresented claimants face significant prejudice to their ability to enforce their legal rights when up against insurers who employ entire legal teams to protect their legal interests.
Motorists who have suffered severe and catastrophic injuries such as paraplegia, quadriplegia, multiple amputations or total blindness, who are not at fault will retain their rights to sue the negligent party for damages at common law and retain legal representation.
Pedestrians who are injured by cyclists will now be covered by the CTP scheme, provided no other insurance is available to them.
In short, if the proposed changes stick, road users will enjoy savings from lower CTP premiums and the peace of mind that the scheme is more fortified against fraudulent claims.
However the large proportion of motorists suffering moderate to serious injuries which do not meet the 10% WPI threshold will have less access to compensation for their losses and may ultimately result in a larger portion of the population requiring support from the welfare system when their 5 years of compensation is up.
These changes don’t come into effect until July 2017. If you are injured in a motor vehicle accident, speak with a motor vehicle accident lawyer as soon as possible about your compensation options.
Please note, this information applies to those injured on or after 1 December 2017. Should you require information regarding Motor accident injuries prior to 1 December 2017, please either contact us or refer to (Our existing information claim link) for more information
If you are injured in a motor vehicle accident in NSW you are eligible to apply. This includes those who are at fault and not at fault. You may a driver or passenger; riders and pillon passengers, pedestrians or cyclists.
Those persons who have been charged with or convicted of a serious driving offence in connection with the accident or where at fault in a vehicle they they knew to be uninsured are not eligible to claim.
You will need, if possible, to obtain the details of the vehicle at fault. If the police did not attend the scene of the accident, you should also report the matter to the police within 28 days from the date of the accident and make sure obtain the ‘E’ number (Police event number) of the accident.
The law provides for 2 types of compensation being Statutory benefits; and potentially Lump sum compensation for damages.
Many people, whether claiming statutory benefits or not, may have a claim for lump sum damages and don’t even know it! It is critical that you check to see whether you have entitlements to lump sum damages.
The statutory benefits you may be entitled to include;
In respect of Loss of Earnings, for the first 13 weeks from the date of the accident the insurer can pay you 95% of your pre-accident weekly earnings (PAWE).
From week 14 onwards the maximum the insurer will pay 80% of your PAWE if you are not able to perform any work. If you are working but still losing income the insurer will top up your loss of earnings up to 85% PAWE.
Weekly payments do not continue forever and for many people they will stop 26 weeks following the accident (see below for more information regarding payments beyond 26 weeks).
Medical and Related Expenses
The insurer will also pay for your reasonable and related medical expenses. This can include:
Lump sum compensation may be available if:
Damages claims are available for persons who were injured in a motor vehicle accident and who are not at fault. That is, you were not the cause of the accident. In those cases, you can bring a claim for damages. Generally, you cannot make that claim on the insurer for 20 months following the accident unless you have a whole person impairment of greater than 10%.
The damages you can claim include:
In addition to the damages you can claim you will still be entitled to have your reasonable and necessary medical expenses paid by the insurer. If your accident was also covered by workers compensation we will provide you with additional information regarding the effect of an award of damages under the MAIA.
Your local office is now open