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Workplace Injury Specialists
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Joanne Mortimer-Fox
Aug 23, 20243 min read
Psychological injuries - travelling overseas alone did not preclude impairment in travel scale
Permanent impairment for psychological injuries is assessed using the Permanent Impairment Rating Scale (PIRS) found in the Guidelines...
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Joanne Mortimer-Fox
Jul 1, 20222 min read
Does my employer have to pay superannuation while I am on workers compensation?
Employers are required to pay the super guarantee (currently 10.5%) on top of your ordinary time earnings ("OTE"). Workers compensation...
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Joanne Mortimer-Fox
Jun 24, 20222 min read
Don't use your leave entitlements if you contract Covid-19 - it may be Workers Compensation
If you contract Covid-19 you have to take time off work while you recover. Many employees are using their sick leave, annual leave or...
91 views0 comments
Joanne Mortimer-Fox
Jun 17, 20222 min read
More Compensation for Volunteer Bush Fire Fighters and other Emergency and Rescue Volunteers
Currently volunteer bush fire fighters, SES volunteers, marine rescue, volunteer rescue association workers and surf lifesavers do not...
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Joanne Mortimer-Fox
Jun 8, 20222 min read
Do leave entitlements accrue while I am on workers compensation?
Under section 130(1) of the Fair Work Act 2009, there is no accrual of leave entitlements during a period where you are absent from work...
177 views0 comments
Joanne Mortimer-Fox
Mar 23, 20223 min read
The importance of identifying all possible defendants in a workplace injury claim
At common law, employers are expected to have a high standard of care for their worker's safety, reflecting the level of control an...
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Joanne Mortimer-Fox
Feb 7, 20221 min read
Can I access my accrued annual leave or long service leave while I am on Workers Compensation?
Workers Compensation payments are generally lower than a worker's normal wage and it can be hard to make ends meet. One way to stretch...
33 views0 comments
Joanne Mortimer-Fox
Jan 7, 20221 min read
Can I use sick leave to top up my workers compensation payments?
If you are unable to work due to injury or illness, your employer may be liable to pay your accrued sick leave entitlements in accordance...
1,603 views0 comments
Joanne Mortimer-Fox
Nov 15, 20213 min read
Covid 19 and Workers Compensation - What's with all the hype about section 19B?
Section 19B contains a presumption that certain frontline workers contracted Covid 19 during the course of their employment. This...
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Joanne Mortimer-Fox
Nov 12, 20212 min read
Can weekly payments be reduced when Certificate of Capacity changed?
In NSW Workers Compensation Claims, weekly payments for loss of wages are reduced by the worker’s “current weekly earnings”. “Current...
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Joanne Mortimer-Fox
Aug 24, 20212 min read
Family of worker who died overseas from Covid-19 awarded death benefits in NSW
In Sara v G & S Sara Pty Ltd [2021] NSWPIC 286A the Personal Injury Commission awarded death benefits to the family of a worker who...
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Joanne Mortimer-Fox
Aug 2, 20212 min read
Honesty is the best policy when it comes to disclosing pre-injury medical history
Sometimes when I meet with injured workers they are anxious about disclosing something from their past medical history for fear it will...
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Joanne Mortimer-Fox
Jul 14, 20213 min read
Why you should consider keeping a diary after an injury
Many people assume their memories are like video recordings of events, stored away for future viewing. However, it is generally accepted...
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Joanne Mortimer-Fox
May 29, 20213 min read
Combining impairments for different injuries and why it matters in a workers compensation claim
In New South Wales permanent impairment thresholds determine what access a worker will have to statutory benefits and even whether claim...
332 views0 comments
Joanne Mortimer-Fox
May 13, 20212 min read
Increased weekly payments for some workers injured before 2012
As a result of a recent Court of Appeal decision in Theoret v Aces Incorporated [2021] NSWCA 3 some injured workers may be eligible for...
120 views0 comments
Joanne Mortimer-Fox
Apr 14, 20212 min read
What happens if you are injured while getting paid "cash in the hand"?
If you are injured at work, in a motor accident or in other circumstances where you might bring a claim against the person at fault for...
29 views0 comments
Joanne Mortimer-Fox
Mar 24, 20211 min read
Making a Complaint About a Motor Accident or Workers Compensation Insurer
Prior to March 2021, the Workers Compensation Independent Review Office (WIRO) had been handling complaints by injured workers about...
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Joanne Mortimer-Fox
Feb 23, 20213 min read
So the employer was negligent? What is a damages claim really worth?
When a workplace injury is the fault of the employer due to their negligence or the negligence of an employee, a claim for damages may be...
79 views0 comments
Joanne Mortimer-Fox
Feb 3, 20212 min read
Dispute Notices - don't take "no" for an answer
Many injured workers in NSW will be familiar with the insurer's dispute notice. Whether it is refusing to accept you have a work injury...
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Joanne Mortimer-Fox
Jan 7, 20212 min read
Coal Miners Work Injuries
For more than 30 years Coal Miners have been protected from the harsher cut backs to workers compensation benefits and common law claims....
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