Legal Services

Personal Injury Claims and Litigation

  • WorkCover and Workers Compensation claims
  • Motor Accident (TAC) claims
  • Slip and trip claims
  • Medical Negligence
  • Product Liability
  • Comcare and Military Compensation
  • Victims of Crime Assistance Applications (VOCAT)
  • Superannuation and Total & Permanent Disablement claims
  • School accidents
  • Assault and sexual assault claims
  • Common Law Damages Actions
Nicholas Lyons

Nicholas Lyons

Partner, Accredited Specialist in Personal Injury Law

Orry Pilven

Orry Pilven

Partner, Personal Injury Lawyer

Janet Feeny

Janet Feeny

Personal Injury Lawyer

Workers Compensation

WorkCover Claims

You have a number of rights if you have been injured at work.

We conduct WorkCover claims on a “no win, no fee basis”.

In addition to a WorkCover claim, you may also be entitled to income protection benefits and/or Total and Permanent Disablement benefits under your superannuation policy. We can also assist with these claims.

Weekly Payments

Weekly payments of compensation are paid at a percentage of ordinary base pay rates. In the first 13 weeks of incapacity the payments are 95% and thereafter the weekly payments continue at 80% if there is total incapacity for work or if there is partial incapacity.

A worker’s entitlement to weekly payments of compensation ceases after an aggregate period of 130 weeks, unless you are assessed as having no current work capacity and as being likely to continue indefinitely to have no current work capacity.

Compensation for Medical and Like Expenses

You may be entitled to the reasonable costs of medical, hospital, nursing, personal and household, occupational, rehabilitation, ambulance services and medication costs, received as a result of your injuries. These also include travelling expenses incurred in attending for any medical treatment or for attending an examination requested by your employer or the WorkCover Insurer.

Lump Sum Compensation for Permanent Partial Impairment

A worker who suffers an injury in the course of their employment, which results in permanent disability or impairment, which, when assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition), is entitled to compensation where that degree of impairment is 5% or more (or 10% or more for injures before 3.12.03), or 30% or more for any psychological or psychiatric injury, illness or condition.

 

TAC Claims

If you have been involved in a motor vehicle accident, it is important to understand what you can claim so you aren’t left in the dark, especially if you have had to take time off work after an accident and you have medical bills as well as your normal bills to pay.

TAC claims are lodged quickly and easily by phone by calling 1300 654 329. It is important also that the accident is reported to the Police.  If you are in hospital and unable to lodge a claim yourself, the hospital can assist, of a family member.  There are many benefits which are available.

TAC will pay the following:

  • Loss of wages at 80% of your pre-accident earnings for up to 3 years, unless you are very badly injured.
  • Hospital, ambulance, medical and rehabilitation expenses.  This includes things like medication, travelling expenses to see doctors and even things like home help and gardening assistance.  In cases of serious injury resulting in disablement, TAC can pay for things like vehicle and home modifications and rehabilitation aids.
  • TAC pays lump sum compensation if you have permanent impairment of greater than 11 %.
  • If the accident was caused by the fault of another driver, you may be entitled to a larger lump sum, called common law damages, if your injuries meet a test called Serious Injury.
  • Obtaining legal advice can assist in making sure you don’t miss out on anything.

 

Sexual Assault / Abuse Claims
We specialise in claims for compensation for sexual assault and abuse by individual offenders or by offenders in institutional settings such as churches, schools and charities.

Claims can be brought under either the State Government’s Sexual Assault Redress Scheme or, if appropriate, by way of a Common Law claim against either the offender personally or the institution where the assault/abuse occurred.

Most importantly, recently, the Victorian Government changed the Law to allow victims of sexual assault who entered into unfair and often very small settlements, to reopen their cases and pursue proper and fairer compensation.  It doesn’t matter how long ago the settlement occurred.  

Nicholas Lyons and Orry Pilven at our office specialises in all sexual assault/abuse claims.

We are taking on these cases now.