Resources for
Injured Workers
Links For Clients
At Anvil Legal Workers Compensation Lawyers we understand that there are injured workers out there that have a bit of time to look at the legislation which impacts on their claims. Therefore we have provided a list of often used research links that we ourselves use on a daily basis.
Should this be the first time you have sought to have a look around the interwebs for information on your claim we suggest that you have a good look through our website first as it contains a lot of general law that will assist you to get a start with your research. We even have a ‘search this site’ facility to assist you in finding what you are looking for on our site.
Of course we know it would all be a lot easier if you could speak to a lawyer about your workers compensation or common law claim so we are also willing to offer you the chance to speak to one of our lawyers at no cost to you.
Judgements
Tribunals
Employment (Federal)
Legislation
Employment (WA)
Courts
Community Resources
Internal Links
Interesting Case Decisions
Past Decisions That Could Have An Impact On Your Claim.
EG Green & Sons Pty Ltd v Sabourne [2009] WASCA 172
For an example of complications that can arise when calculating weekly payments in accordance with the Workers Compensation Act.
You can read the decision here.
PVYW v Comcare (No 2) [2012] FCA 395 (19 April 2012)
Can an injury received by a light falling on your head during a sex act which takes place whilst staying overnight in a motel on a work trip be classed as a ‘work related injury’?
The Federal Court believed that in the right circumstances, it could be. The High Court agreed but confirmed this wasn’t one of them.
Read the initial FCT decision here.
COMCARE v PVYW [2013] HCA 41 (High Court summary can be found HERE)
The High Court has overturned the Federal Court decision set out above and decided the employee did not suffer a compensable injury.
Heywood v Commercial Electrical Pty Ltd [2013 QCA 270
We often speak to injured workers who say ‘it was my fault’.
In this QLD case, an apprentice had cut some metal and placed it near a ladder he was using only to have his arm injured by the jagged metal when he came back down the ladder.
The Court of Appeal said ‘[A] … worker was permitted to adopt a method of work, which was not devised by the employer, but adopted out of expediency with little effort given to actually assessing whether it was safe …. The risk was obvious to the employer…‘
The decision can be accessed here Heywood v Commercial Electrical Pty Ltd [2013 QCA 270 – It isn’t a long decision but its worth a read as WA is also bound by the multiple High Court cases followed.
Alan Dick v James Voros [2013] FWC 6715
In this case the worker was a taxi driver and although it is not directly related to workers compensation it will make anyone who reads it understand that there are many ‘independent contractors’ out there who do not understand that the relationship they are in is likely one of employee and employer.
If these decisions raises any questions in relation to your claim we can help answer them if you use our Get Your Questions Answered feature.
