Young delivery cyclists 13 times more likely to be injured

Since Covid lockdowns began, we’ve seen a huge increase in delivery riders for companies like Uber Eats and Doordash. It’s a challenging job, tight deadlines, hard-work, usually poorly-paid, and presents real danger from traffic and abuse. A new report has found delivery cyclists are thirteen times more likely than recreational cyclists to present to an emergency department between 8pm and midnight, yet the injuries largely go unreported.

Commercial delivery riders are often injured on the job during the busy evening delivery period, and whilst they sub-contract to huge multinationals, they are often not covered by Medicare. Under Australian labour laws, being an independent contractor means not being entitled to minimum wage, sick leave and annual leave. Delivery cyclists are most likely to be young males, eleven times more likely to have a primary language that is not English. At least five food delivery riders in NSW, all from migrant backgrounds, were killed in two months in late 2020 in road accidents while on the job.

Why injures may not be reported

FEAR. One of the most common reasons people don’t speak up when a workplace incident occurs is because they are afraid – their fear is of the unknown. Employees don’t know what the repercussions will be if they report the incident, and they worry that this action might bring some kind of punishment.

POWERLESSNESS. Add a sense of powerlessness as young employees report that they feel they have less influence in the workplace because of their age and inexperience which keeps them from telling their supervisor about safety concerns or injuries. They also report feeling they do not have a voice that can help change something in the workplace. In the context of workplace safety, that could mean making recommendations, sharing ideas with any supervisor, refusing to perform dangerous work or even the empowerment of calling a safety representative to report a concern or incident.

“DON’T MAKE ANY NOISE “  Interestingly,  employees with more seniority in the same job, have an approach of not reporting injuries because they understand that is a normal part of getting the job done. Many employees have different definitions for injuries and do not report those that they understand are “small” and do not think they can anything to do to prevent them. Not understanding when an injury is work-related and accepting discomfort and even pain as part of the job. They fear that “making noise” will limit them to keep their current job or aspire for growth in the organization

 Appointing a Lawyer can make a fairer difference

 38% of respondents who had been involved in an incident, did not report it because they felt they may be met with anger or that nothing would be done as a result. Australians typically are reluctant to sue, but when you have suffered losses due to the actions of someone else, it’s important to know what you’re entitled to in terms of compensation. If you’re not sure what to do in this upsetting time, the Brisbane personal injury lawyers at Phoenix Law – compassionate experienced Injury Lawyers,  are here to help.

You will more than likely need help with medical expenses, loss of earnings, physical and psychological suffering, or loss of enjoyment of life. CALL 1800-GET-HELP or see https://www.phoenix-law.com.au/ +61 (07) 3180 0908 #workinjury #qldlaw #workerscompensation #injury 

Whether you were injured in an accident, at work, or on private or public property, our knowledgeable and compassionate lawyers can help you understand and help you speak up.

Are you Googling “what does no win no fee mean”?

 

If you’ve been hurt on the road, at work or in a public place and are considering making a compensation claim, you probably have more than a few questions about how the “no win no fee” system works, and what, if anything, you’ll end up paying for legal fees.

 

Don’t worry, we’ve got you covered. Here’s what you need to know about lodging a claim, without the legal jargon.

 

What is “no win no fee”?

Basically, if you sign up to a “no win no fee” agreement with a lawyer, then that lawyer will work on your case without the “certainty” of payment until a “win”.

In one way, this takes a significant risk away from the injured party when deciding whether to make a claim.  It also means the lawyer will be motivated to do everything possible to get that “win” so that they can get paid!

As your lawyers, we will share your risk by putting our time and right to payment on the line until we get that “win”.  

 

What is a “win”?

In legal terms we call it a “successful outcome” or “successful conclusion”.

A claim is considered to be successful once someone makes a reasonable offer of payment, which will lead to the ultimate resolution of the claim.  At that time you become liable for the legal fees incurred, however they are not payable until the conclusion of the matter, when the money hits the bank.

 

Will I have to pay anything upfront?

No. There are two different types of legal fees:

1. Professional fees: the fees charged for our time spent working on your matter.  

2. Disbursements: things your lawyers have to pay to others to get you a result, for example: getting evidence from police, medical records and paying for specialist medico-legal reports.  

We will cover the expense of the outlays as your claim progresses, then these are repaid to us from the settlement monies when the matter is finalised.  

All clients have the choice whether or not to fund their own disbursements. Most clients choose not to, either because they can’t afford to, or they simply prefer that the lawyers bear that risk, which we offer to do.

 

How do lawyers calculate their professional fees?

Professional fees are sometimes charged by the hour.  We have a full team of people – from admin assistants to senior lawyers –  who will work on your case. They spend time on things like, preparing the arguments, reading and understanding the evidence, attending meetings with you and the insurer etc. Normal service stuff.

Professional fees are also sometimes charged by the job.  For example, compiling a brief to a doctor depends on the size and volume of the brief, rather than the time it takes to put it all together (it’s more cost effective this way for you!).  Also, if we went to court to lodge a document, we just charge for item, and not the time it takes, so you avoid paying for waiting at the registry because another clerk from another firm is clogging up the queue.

 

Will I get a breakdown of costs?

Of course!

All work completed on your matter is logged and recorded.  It will say who did the activity and how long it took.

As your claim nears the final stages an assessment, an assessment will be done on your file to calculate our total legal fees based on the hourly rates of the various persons who did the work.  

This assessment is sometimes performed internally, but often we use an independent cost assessor to provide an accurate and independent assessment of the legal fees payable.  

 

What is the 50/50 cap?

A lot of people have questions about how much of their final settlement amount will be taken up by legal fees.  What if I settle for less than what the lawyers will charge?!

Well, that can never happen.

Queensland laws don’t allow lawyers to charge the client any more in legal fees than the client gets in their hand.  This is called the 50/50 rule and it trumps any assessments or calculation of legal fees.  

The bottom line is: If your claim is successful, you can not be left with nothing or owing any monies.  

The settlement award will:

  • Cover any repayments to relevant government bodies
  • Repay your outlays
  • Pay your legal professional fees and;
  • Produce an in-hand amount for you.  

 

What are “relevant government bodies”, and why do I have to repay them?

When a claim settles, the insurer must notify government bodies such as Centrelink, Medicare etc for a charge/clearance.  They are required to do this. If there is any monies owed for payments or services related to your injury, the insurer will repay that money to the relevant organisation on your behalf.

For example, if you attend a GP and are bulk billed for a consultation related to the compensable injury, then Medicare is entitled to be paid back the amount of the consultation that they covered in the first instance.  

Don’t worry, these don’t eat into your settlement because we add these amounts into the claim from the insurer as part of your overall settlement. It’s kind of like, the insurer pays you to pay back Medicare.

Centrelink operates a little bit differently though, and its best to speak to us about how it works.  

 

Who pays me my final cash-in-hand settlement amount, and how much will it be?

After the relevant government bodies have been repaid, the rest of the settlement monies are forwarded to our trust account under your name.  

From there, we will repay the outlays that have been incurred to progress your matter.  

The amount left over after statutory refunds and outlays is called the net settlement. The most a lawyer can charge for professional legal fees is half of the net settlement.  

 

How do I sign up for a no win no fee claim?

If you have more questions about whether you are eligible to lodge a claim, call (07) 3180 0908 or email info@phoenix-law.com.au for a confidential, obligation-free consultation.

We’re here to help YOU!

You can also get help in your  preferred language, if you’re not a native English speaker.

We have a multinational team including:

  • Mandarin speaking lawyers
  • Cantonese speaking lawyers
  • Japanese speaking lawyers
  • Farsi speaking lawyers
  • Dari speaking lawyers
  • Hindi speaking lawyers
  • Urdu speaking lawyers
  • Kurdish speaking lawyers
  • Bosnian speaking lawyers
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  • Montenegrian speaking lawyers