How to Prove Negligence in a Personal Injury Case

Certain personal injury cases in NSW requiring the proving of negligence. Negligence is a principle originally established in common law and now modified and enshrined in state and territory legislation across Australia. Although the legal definition of negligence...

Common Concerns when making a Workers’ Compensation Claim

The prospect of filing a workers’ compensation claim can be daunting for many employees. Injured workers often delay or avoid taking the necessary steps to protect their rights due to concerns about the process or the consequences of such action. Addressing...

Reasonable Excuse

What is a ‘reasonable excuse’? A ‘reasonable excuse’ is a reason, stated in the Workers Compensation Guidelines (the Guidelines), for the insurer to not commence provisional weekly payments within seven days of receiving the initial notification of injury....

Provisional Liability

Once the insurer has received an initial notification of an injury, it must start provisional weekly payments within seven days unless it has a reasonable excuse not to. What does provisional liability cover? The insurer may make provisional payments before it...

Pre Injury Average Weekly Earnings (PIAWE): How are they Calculated?

Under the Workers Compensation legislation in NSW, workers are paid a percentage of their pre injury average weekly earnings (PIAWE) when injured. What is PIAWE? Weekly payments of compensation are made to injured workers. These payments are calculated by the insurer...