Personal Injury Claims / Compensation Claims
개인 상해 청구/손해보상 청구
자주묻는 질문 답변
법적 용어로 개인 상해를 이야기 할 때, 다른 사람의 책임으로 인해 발생한 신체적 정신적 손해를 개인에게 입혔는지를 나타냅니다. 예를 들면, 자동차나 사람 또는 공공장소의 소유주나 관리자가 될 수 있습니다.
개인 상해 청구는 그 범위가 넓기 때문에 관리하기 쉽게, 다음과 같이 분류합니다.
• 일과 관련된 상해( 통근 관련 상해 포함)
• 공공장소 이용시 발생한 상해(공공 수영장과 같은)
• 제품 결함으로 인한 상해
• 범죄나 폭행으로 인한 상해
• 자동차 사고
위의 사항은 보상받을 수 있는 몇가지 사례입니다. 이외의 다른 청구의 보상과 관련하여 personal injury lawyers Brisbane and QLD팀이 더 자세히 조언해 드릴수 있습니다.

개인 상해 청구를 시작할때 해아할 것
상해를 입는 것은 매우 어려운 시기가 입니다. 다른사람이나 다른 사물에 의해 상해를 입은경우, 이로 인해 스트레스를 받게되고 무엇을 해야할지 혼란스러울 수 있습니다.
가장 먼저 해야할 것은 고객님 본인의 건강을 보살피는 것입니다. 본인의 안정을 찾아야, 고객님이 입은 상해에 관한 보상을 저희의 도움을 받아 진행할 수 있습니다.
각 주별로 개인 상해 청구에 대해 상한금액이 있음을 인지하셔야 합니다. 고객님이 어떤 보상을 받을수 있을지에 대해 이해하기 위해 저희 팀 전문 변호사와 반드시 상담을 받으셔야 합니다.
개인 상해 청구시 책임 대상에 대한 시간 제한도 존재하며, 이 시간 제한은 사건의 경우마다 다르게 적용됩니다. 만일 특정 의학적 이슈로 청구를 하는 경우 필요성과 긴급성에 기반하여 이 시간제한은 다르게 적용됩니다.
이러한 시간제한 때문에, 고객님의 상해로 인해 가능할 때 개인 상해 청구를 시작하는것이 필수적입니다.
어떤 경우에라도, 가능하다면 다음과 같은사항을 따라야 합니다.
• 누가 사고를 유발했는지, 어떤 손상을 입었는지 보여줄 수있는 필요한 증거를 수집해야합니다. 사진을 사용하십시요.
• 사고후 어떤일이 발생했는지 기록하십시오. 의료적인 비용, 병원/의사 방문, 근무 중단 시간, 임금손해등에 관한 기록을 남기십시오.
• 사고를 목격한 사람에 관련한 이름과 연락처 세부사항을 수집하고 관련정보를 확인하십시오.
• 사고와 관련하여 누군가와 이야기를 나눴다면, 대화 내용을 기록할 수 있도록 메모를 남기십시오.

누가 청구 할 수있습니까?
호주내에서 다른사람의 과실로 인해 상해를 입었을 경우 보상 청구가 가능합니다.
자동차 사고로 인해 상해를 입은경우, 폭행이나 범죄로 인해 상해를 입은 경우, 가해자를 대상으로 의료 비용을 청구를 할 수 있습니다.
무엇을 청구할 수 있습니다?
• 의료 비용 – 상해로 인해 발생한 과거와 앞으로 발생할 비용 모두 포함
• 수입의 손해 – 과거와 미래
• 장례비용
• 비금전적 손해 – 예. 고통 괴로움
• 물질적 손해 – 예. 자동차나 소지품
개인 상해 청구 자격 여부에 관해 확실치 않다면 저희팀과 연락하십시요.

職場でのケガ　―　労働災害はいつ、どうやって起きる？Workplace Accidents – How do they happen ?

工場や薬品を扱う職場など、仕事中に労働災害が起こることがあるかもしれません。一日の殆どの時間を職場で過ごすとなると、怪我をする危険は十分にあり、自分の不注意でなくとも事故などに巻き込まれる可能性もゼロではありません。もし、仕事中に怪我をした場合、労災賠償請求が可能となるため、怪我の治療を受けた後、賠償問題を扱う弁護士に相談することをお勧めします。

重たいものを運ぶ・持ち上げる作業

仕事中に重たい物を持ち上げた結果、捻挫や神経痛、急性腰痛病などを発症することがあります。特に、一日中同じ動きを繰り返し行う作業となると、「反復運動過多損傷（Repetitive Strain Injury）」が発症することもあります。仕事上、重たい物を運んだり、持ち上げたりする必要がある方は、こういった長期的に影響する怪我を防ぐことが一番大事です。重たい物を運ぶ必要がある場合には同僚と一緒に運ぶ、助けを求める、など十分に怪我を防ぐことを気を付けましょう。

重機械での怪我や事故

工事現場、工場や農場など、重機を扱う職場では死亡事故や重大な事故の危険性があるかもしれません。重機械を扱う職場では機会による「挟まれ・巻き込まれ」「切れ・こすれ」「火傷・電気ショック」などが多くみられます。殆どの重機械関連の事故は、従業員が重機械を操縦中に起きています。重機械での怪我や事故に巻き込まれた場合には、すぐに治療を受け、専門の弁護士に相談しましょう。

職場での疲労やストレス

仕事の疲れから回復するには、十分な休息を取ることが必要です。特に肉体労働の現場では休憩を十分に取れないと体に支障が出始めてしまいます。職場での疲労やストレスは集中力を途絶させ、仕事中の怪我へと繋がります。休憩を取らなかった結果は１０分の休憩よりも悲惨なことになりえるのです。

どれだけの経験があっても、仕事をすると疲れは積もってしまうため、雇用者は従業員が適度に休憩を取れる環境を作らなければなりません。

職場での疲れやストレスが原因で仕事中に気が散ってしまい、事故や怪我に繋がるケースは少なくありません。集中力の欠如、疲労やストレスが労働災害が起きてしまう最も大きな要因とも言えるでしょう。

 

 

危険物質の取り扱い

多くの職場において、危険物の取り扱いは日業業務の一環です。取り扱いの不注意で労働災害（火傷など）に繋がるケースが発生しています。危険物質が肌や目に触れた場合、より重度な怪我に繋がる可能性が十分にあるため、これらを扱う際には、しっかりと取扱説明書を読み、防護服（エプロン・手袋・マスクなど）を着用して、事故や怪我を少しでも防ぐことが重要です。雇用者は従業員が安全な環境で危険物質を扱えるように防護服などの用意をする義務があります。

良くない職場環境

従業員は皆、安全な環境で働く権利があります。労働災害に繋がることの多い職場環境には共通点があり、以下の様な例があげられます：

  • 不十分な証明の数　
  • 足場の悪い倉庫・現場　―　足場の悪い環境での怪我が労働災害案件で一番多い原因で、人身傷害賠償請求の案件の３３％を締めます。
  • 不十分な防護服・道具・安全管理に関しての指導　
  • 職場でのイジメや暴力　―　職場でのイジメや暴力は実際の怪我の他、精神的被害にも影響してしまいます。

職場で怪我をしたけど、損害賠償を請求できるか分からない？

経験上、障害賠償は十分に可能です。「Injury and Accident Lawyers/Phoenix Law & Associates」は人身傷害賠償請求手続きを専門としております。お電話は1800 438 435まで、お気軽にご相談ください。

A Sydney bus driver has been awarded compensation after an altercation with a train station attendant who refused to let him use the toilet, leaving him “extremely stressed and upset” in May 2021 in Campbelltown.

He arrived at Macarthur Station in the early hours of the morning needing “to do one and two”, but found the toilets locked as the train station attendant would not unlock the toilet doors, saying he had not had a chance to clean them.

After pleading several times, the driver turned away, and the attendant “pushed him on his back”. The attendant eventually unlocked the toilet, and the driver later completed an injury report form, describing it as “assault”.

He told the commission the incident and subsequent disciplinary meetings at work had exacerbated his anxiety and depression. The driver lodged a claim with Transdev’s worker’s compensation insurer GIO for medical expenses, being $900 for consultations with a psychologist and $3240 for future appointments, also with a psychologist.

GIO disputed the claim. The matter was heard before the commission, which this month ruled in the driver’s favour. “I am satisfied that the applicant sustained a psychological injury on May 2, 2021,” senior member Kerry Haddock said. “That injury was an aggravation of a disease, to which his employment was the main contributing factor.” She noted the driver’s supervisor described him as an “excellent worker”. “I accept that the treatment proposed is appropriate,” she said
This story will resonate with any Australians working long hours away from the home.

If you have suffered a similar incident, please talk to our expert personal injury lawyers in Brisbane & QLD now. PHOENIX LAW & ASSOCIATES run claims on a No Win-No Fee Basis. CALL US NOW +61 (07) 3180 0908 |or 1800-GET-HELP |e; info@phoenix-law.com.au |Level 16  300 Adelaide Street, Brisbane QLD.

#psychological injury #workerinjury #compensationlawyers #personalinjurylawyers

Especially in an industrial environment, the workplace can be hazardous, but that’s only part of the picture.

Numerous factors, ranging from overexertion to mishandling of hazardous materials, and a multitude of variables that can contribute to or influence a workplace incident.

Given the sheer number of hours spent in the workplace, injuries are unfortunately commonplace, but it’s not always about negligence. If you suffer an injury at work, you can claim compensation. Seek immediate medical attention for your injuries immediately, and then an experienced compensation lawyer can help you.  

Lifting

Too often employees attempt to lift an object that’s too heavy on their own, and so are prone to sprain, strain, or muscle tear. There is no harm in asking for help with objects that are difficult to lift. Overexertion can happen when lifting, pushing, pulling, holding, carrying, or throwing objects. Repetitive strain injury (RSI) describes damage and pain caused by repetitive movement and overuse and is not limited only to computer and keyboard operators.

Horrific accidents can occur when operating heavy machinery.

Unfortunately, and sometimes tragically, on building sites, factories, industries and farms, the body can be hurt by machines.  Common injuries associated with machines are crushing, cutting, shearing, puncturing, abrasion, burns, tearing, stretching or a combination of two or more of these. Other common injuries include electric shock, hearing loss and ill health from the release of hazardous substances or lack of oxygen.

Crash and impact injuries may involve vehicles, machines, or workplace machinery, but are usually associated with employees driving motor vehicles for work purposes. Again, seek medical attention immediately, and then talk to our experienced compensation team.

Fatigue, Stress and Distraction.

To recover from gruelling manual labour, it is essential that employees take adequate breaks. Not doing so can lead to a spate of physical issues, including atrophy and general exhaustion. The results of either of these can be far more devastating than taking a 10-minute breather. Fatigue, stress, and tiredness in the workplace can lead to exhaustion, inattention, and eventually a workplace injury. Even well-rested employees can grow fatigued while on the job, so employers must ensure employees take breaks at regular intervals.

Employees who aren’t in the right state of mind or physically sound for a job are more likely to be injured. Distractions in the workplace are like being fatigued and stressed. It’s impossible for workers to perform their jobs to their full potential if they are distracted. It isn’t uncommon to hear stories of workers injured at work because they were distracted while on the job.

Hazardous Materials

Improper handling of hazardous materials or not wearing personal protective equipment (PPE) is a common cause of accidents in the workplace., and can result in chemical and burn injuries. By reading material safety data sheets and providing the appropriate protective attire, workplace incidents can be avoided. Abrasive or hazardous chemical exposure can risk skin or eye reactions and potentially more severe injuries. Employers should ensure employees who work with hazardous chemicals have the appropriate safety equipment like goggles and gloves.

Poor Housekeeping in the work environment.

Everyone is entitled to a safe workplace;

Inadequate lighting is often overlooked when attempting to prevent accidents in the warehouse or workplace.

Trips and Falls may be attributed to slick floors and high-traffic corridors and Improper footwear. They account for 33% of all personal injuries, a top cause of all workers’ compensation claims. Common issues are head, back, and neck injuries, broken bones, cuts, sprains, and pulled muscles. Workers who sustain injuries while in the line of work may be entitled to make a workers’ compensation claim for their damage. It’s vital to get in touch with us as soon as possible.

Lack of safety equipment, poor training and inadequate safety procedures may contribute to accidents with physical and emotional impacts on workers while creating significant financial implications for the employer too.

Workplace Violence and Bullying

Sadly, violence among co-workers has become all too common. It is usually brought about by office politics or other sensitive issues. Integrating conflict resolution and peer mediation can help to reduce the risks of such outbursts. Overworking, stress, and workplace bullying can cause severe and lasting psychological injuries.

Not sure if you are eligible for compensation?

In our experience, you will be more than likely entitled. Our expert personal injury lawyers in Brisbane & QLD can help now. PHOENIX LAW & ASSOCIATES run claims on a No Win-No Fee Basis. CALL US NOW +61 (07) 3180 0908 | 1800-GET-HELP |e; info@phoenix-law.com.au |Level 16  300 Adelaide Street, Brisbane QLD.

Lunar New Year is on Friday 12 February this year and it’s the lucky Year of the Ox.

It’s called the Lunar New Year because it marks the first new moon of the lunisolar calendars which are regulated by the cycles of the moon and sun. The Lunar New Year (often called Chinese New Year) is celebrated by many East Asian countries.

The zodiac sign of the Ox occupies the second position in the Chinese Zodiac. Those born under the influence of the Ox are fortunate to be stable and persevering.

The typical Ox is a tolerant person with a strong character.

Oxen are the hard workers in the background, intelligent and reliable, but never demanding praise. Years of the Ox are: 1925, 1937, 1949, 1961, 1973, 1985, 1997, 2009, 2021. Were you born in the “Year of the Ox”?

Members of our team born in the year of the Ox are your best advocates, intelligent, reliable, guiding you in your legal and life decisions.   At Phoenix Law & Associates, we have a multilingual team to help you rise from the ashes.

Chinese Zodiac Calendar
While you may have heard of the 12-year Chinese zodiac calendar, represented by 12 different animals, it’s actually far more complicated. A year isn’t just categorized by its zodiac animal. There’s also a complex sexagenary cycle — a combination of one of 10 heavenly stems and one of 12 earthly branches.
For example, February 12 marks the beginning of the xin chou year, according to the sexagenary cycle. “Xin” represents the heavenly stem for the element metal, while “chou” is the earthly branch symbol for ox, making it the Year of the Metal Ox.
Thierry Chow, a Hong Kong-based feng shui master
“The year of xin chou will have a strong emphasis on the yin metal element,” she says. “The metal element represents anything sparkly from jewelry to the needle of a syringe. So we can see a bigger emphasis on industries related to metal in 2021.
“The ox, in Chinese culture, is a hardworking zodiac sign. It usually signifies movements so, hopefully, the world will be less static than last year and get moving again in the second half of the year.”
Many people take the 60-year calendar very seriously and believe each person’s own birth sign will be affected differently by the year’s heavenly stems and earthly branches. So the calendar plays an important role in making huge life decisions for the year ahead, such as whether they should get married or start a business.

Lunar New Year 2021 The Year of the Ox

February 12 marks the start of the Year of the Metal Ox.
Normally, Lunar New Year fairs will be set up during the last days of the lunar year, most selling trinkets and flowers for the new year. But because of the pandemic, many cities have downsized or cancelled their festivities.
The year usually wraps up with a big family reunion dinner on Lunar New Year’s Eve, which falls on February 11 this year.
The Menu
The menu is carefully chosen to include dishes associated with luck, including fish (the Chinese word for it sounds like the word for “surplus”), puddings (symbolizes advancement) and foods that look like gold ingots (like dumplings).
Do wear red, don’t wash your hair. or buy shoes.
Families tend to have different sets of rules and traditions, but most will bless each other with auspicious words like “san tai gin hong” or “shen ti jian kang” (wish you good health).
There are plenty of other rules and superstitions attached to the Lunar New Year. For instance, don’t wash or cut your hair on the first day of the new year. The Chinese character for hair is the first character in the word for prosper. Therefore washing or cutting it off is seen as washing your fortune away.
You’ll also want to avoid purchasing footwear for the entire lunar month, as the term for shoes (haai) sounds like losing and sighing in Cantonese. Do, however, wear red. It’s associated with luck and prosperity.
All year round,  Phoenix Law & Associates work hard to help you with your prosperity, business decisions and legal needs. 

 

Aussie Road Etiquette Guide

Your blinker is your best mate. Always let others know you’re changing lanes, snapping a park or turning into a driveway.

A smile and wave goes a long way. It’s nice to be nice, so give thanks to fellow drivers.

Don’t be a tailgater, hater. People like their personal space. So do cars.

Want to be seen? Dim your high beam. No one likes a blinding light heading their way.

You go, I go. When merging, let other cars in and they’ll return the favour.  It’s all in the karma.

Park as if you’re passing your Ps. Be careful, precise and give other cars their space.

It’s wrong to be right. Unless you’re overtaking, stay in the left lane.

Turn the other cheek, resist the beep. Take a breath before hitting that horn. It can stress out other drivers and we don’t want that.

No one likes a backseat driver. Not driving? No worries, sit back and relax.

Everyone’s on their own journey. Literally. Remember we’re all trying to get to where we’re going in the safest possible way. ( With thanks , ING Insurance)

Our Personal Injury Lawyers Are Here for You  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 frustrating time, the Brisbane personal injury lawyers at Phoenix Law are here to help.

Whether you were injured in a car accident, at work, or on private or public property, our knowledgeable and compassionate lawyers can help you understand and uphold your rights.

Get In touch anytime – info@phoenix-law.com.au 1800GETHELP
or +61 (07) 3180 0908 . #phoenixlaw #accidentinjury #roadetiquette #roadsafety

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.

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