To claim worker’s compensation in South Australia a person must be a “worker” as defined in the Return to Work Act 2014. Self employed persons in some cases come within that definition.
Where a self employed person is a “worker” as defined, that person has the same entitlement to claim compensation as any other worker. Compensation includes weekly payments of income support, reimbursement and pre payment for medical expenses and lump sum compensation for economic and non economic loss.
Section 4 of the Return to Work Act defines “worker” as:

a person by whom work is done under a contract of service(whether or not as an employee)
a person who is a worker by virtue of Schedule 1;
a self-employed worker,

The section 4(c) definition of a “self employed worker” is some who, by application to Return To Work SA, is extended the protection of the Return to Work Act. Those workers aside, the definition extends to volunteers who perform certain work that is of benefit to South Australia (Schedule 1), and to persons performing work under a contract of service. It is the latter which is the focus of this blog.
Am I performing work under a contract of service?
Many trades and the work performed by tradespersons are captured by the definition of “building work” under the Return to Work Act.
“Building work” is defined broadly, and captures:

on-site construction, alteration, repair or improvement of a swimming pool or spa;
paving;
fencing;
insulation work;
painting a building;
installing air-conditioning;
installing solar panels;
plumbing, gas fitting and electrical work.

The definition is extended further to capture work where:

the whole or part of the work of constructing, erecting, underpinning, altering, repairing, improving, adding to or demolishing a building; or
the whole or part of the work of excavating or filling a site for work referred to in paragraph (a);

Where a worker meets one or more of the criteria above, then consideration is given to other factors to determine if the relationship is a contract of service. Those factors include whether the worker is performing work in the course of the other person’s trade or business, if the worker performs the work personally (or contracts or subcontracts the work), who pays for the worker’s materials, whether the worker employs others to carry out the work (or part thereof) and the value of the worker’s tools used in the employment. There is no one determinative criteria, and all of the factors are considered.
It also does not matter what term the parties use to describe the relationship. Even if the parties consider the employment is a subcontract that does not preclude one of the parties being a “worker” for the purposes of the Return to Work Act. Ultimately it is the substance of the relationship determined by the factors above that is important and not (alone) the terms used by the parties to describe the relationship.
Building work is only one of the exceptions which permit certain self employed workers to claim under the Return to Work Act. If you are a self employed person and want advice regarding your entitlement to claim then contact our team of workers compensation lawyers today.
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A newborn has tragically died just minutes after being delivered in a New South Wales Public Hospital. This baby is the fourth newborn to die at this Hospital in the past 18 months.
A Root Cause Analysis (RCA) conducted by the Hospital revealed that the mother’s consultant Obstetrician did not personally examine her during labour. It was also reported that the consultant Obstetrician only reviewed incomplete sections of the mother’s Cardiotocography trace (CTG) through videos of the trace sent by phone from a junior, non-specialist doctor. Consequentially, multiple prolonged decelerations (drops in foetal heart rate) and signs of foetal distress were not discovered and acted upon. The newborn was delivered approximately three hours later than it should have been and died shortly after.
The RCA team reported multiple deficiencies in this treatment, and has subsequently referred the matter to the Health Care Complaints Commission. The NSW Health Minister has directed the NSW Chief Obstetrician to conduct a broad review of public maternity services. These findings are expected to be delivered in the coming months.
Childbirth is an extremely complex process and demands the ongoing input of Obstetricians and senior doctors.
Periodic monitoring of the CTG trace and physical examinations of the mother are essential to the mother’s safety, and to the delivery of a healthy baby. Failure to appropriately monitor the condition of the foetus may lead catastrophic outcomes for the newborn, such as global developmental delay, brain damage and cerebral palsy and death.
Turner Freeman has assisted many families in pursuing medical negligence claims in relation to inadequate obstetric management. We have seen firsthand the devastating impact that the death of a baby has on parents and extended family. We send our best wishes to the four families who have had to endure the loss of their children.
If you believe that yourself or your loved ones is a victim of medical negligence please feel free to contact Turner Freeman. We have expert team of personal injury lawyers, especially medical negligence experts who will be able to assist your case.
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Loud noise at work can damage our hearing. This can occur progressively over a period of time, or immediately in instances of severely loud noise.
Clause 56 of the Work Health and Safety Regulation 2017 sets out a “safe level” of noise being noise not exceeding 85 decibels (dB) when averaged over an 8-hour period or over a peak of 140dB at any time during the day.
Daily exposure to noise levels higher than 85dB is capable of causing industrial deafness. It is also possible to suffer a hearing loss in a shorter period of time if the noise level exceeds 85dB. For every 3dB increase above 85dB, what is considered a safe daily exposure time halves.[1] A worker can therefore sustain a hearing loss if exposed to an hour of noise at 94dB, or to 15 minutes for noise at 100dB. At 130dB, hearing loss can occur in less than a second.
To demonstrate, a typical sound at 90dB is noise from a lawn mower. Noise from a chainsaw is at about 110dB whilst a jet engine at a distance of 30 metres is about 140dB.[2]
Typically, a general indication as to whether the noise is above the “safe level” is if you are unable to hold a normal conversation to someone standing a metre away and you have to raise your voice or shout in order to communicate. If you are provided with hearing protection by your employer, this is also a good indication that the work possibly poses a risk of causing deafness.
Get in touch with us
If you suspect you are suffering from a hearing loss or you have been exposed to loud noise in your employment, even if for a short period of time, contact Turner Freeman Lawyers for more information.
Many of our industrial deafness claims are funded by the Workers Compensation Independent Review Office (“WIRO”) and in such circumstances, you will not be charged for us providing you with advice and pursuing a claim on your behalf.
[1] Work Health and Safety (Managing Noise and Preventing Hearing Loss at Work) Code of Practice 2015.
[2] Ibid.
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It is unfortunately well-accepted that the health outcomes for people living in rural and regional areas of Australia are worse than for those who live in metropolitan areas. Sadly, poor outcomes in rural and regional areas often involve preventable deaths resulting from negligence.
The NSW Legislative Council is currently accepting submissions into its inquiry on health outcomes and access to health and hospital services in rural, regional and remote New South Wales. We encourage people who have had adverse outcomes in rural and regional health care to share their experience with the NSW Parliamentary Inquiry. You can find more information, including how to make submissions, at the NSW Parliament website here.
In light of the Parliamentary Inquiry, we take this opportunity to visit the findings and recommendations made in the Coronial Inquiry into the death of Ivy Dwyer.
Inquest Background
In November 2015, the NSW Coroner’s Court handed down its findings in the inquest into the death of Ivy Dwyer. Ivy was an 18 year old woman who lived in Narromine, near Dubbo in Central NSW. It became apparent from evidence heard at the inquest that she had been suffering from a viral infection which caused inflammation in her heart, or myocarditis, for a number of months prior to her death. The condition was not diagnosed or investigated and Ivy sadly died on 2 June 2012.
From around April 2012, Ivy became sick with what seemed like a head cold. She gradually became more fatigued and lost her appetite. Between 22 May and 29 May 2012, Ivy visited the same general practitioner, Dr Rose, four times. Dr Rose was a locum general practitioner who was visiting from the Blue Mountains for three weeks. Ivy reported a history of vomiting, diarrhoea and respiratory symptoms including cough. On the third visit, she was suffering coarse crepitations, which is a rattling or crackling sound made by one or both of the lungs during breathing. She was diagnosed initially with gastroenteritis, but then thought to be suffering from an infection and prescribed antibiotics. Following a blood test, the diagnosis was changed to Epstein Barr Hepatitis.  According to Ivy’s aunt, who took her to the last appointment on 29 May 2012, Ivy was unable to walk by herself and needed her aunt’s assistance. Dr Rose didn’t notice this and considered that Ivy looked better than when she had seen her earlier in the week.
On 1 June 2012, Ivy’s family was so concerned at the deterioration in her condition that they took her to Narromine Hospital. Ivy was observed by nursing staff to be pale, nauseated and dehydrated and she had low blood pressure. She reported feeling unwell and tired for the past 3-4 weeks with chest and abdominal pain. She had coughed up small amounts of blood stained sputum en route to the Hospital. As is often the case in rural towns, the doctor in the emergency department, Dr Wakista, was a local general practitioner who worked at the same general practice Ivy had attended the previous week. Dr Wakista recorded that Ivy should be transferred to Dubbo Hospital for further investigations because Narromine Hospital lacked the resources to carry out those further investigations. Specifically, he thought Ivy needed a chest x-ray and Narromine Hospital did not have the capability to perform this.
Dr Wakista called Dubbo Hospital and spoke with a Dr Draper. Dr Draper agreed to accept Ivy at Dubbo Hospital, however there was confusion at Narromine Hospital as to whether the transfer should occur immediately. Ivy had a blood test which showed raised liver function and reduced kidney function, both red flags in any clinical setting. Ivy was not transferred immediately and was monitored overnight by nursing staff at Narromine Hospital. From around 2.30am, Ivy’s condition deteriorated significantly. She was urgently transferred to Dubbo Hospital and arrived there at about 4am. Attempts were made to stabilise her but unfortunately she passed away at 7.45am.
Ivy’s case is a reminder of the importance of clear communication in emergency medicine settings and early consideration of whether a patient needs to be transferred. Because patients often present to smaller hospitals, like Narromine Hospital, where facilities are limited it means that doctors and nurses need to consider whether transfer to a bigger hospital should occur and, if so, the clinicians need to be clear on when transfer will happen and arrange it sooner rather than later.
The experts called to give evidence in the inquest agreed that the main lesson to be learnt from Ivy’s death, was that when a sick young patient attends a doctor with the same symptoms repeatedly, and the treatment is not working, then a doctor should contact a colleague for further opinion and perhaps admit the patient to Hospital while getting to the bottom of the symptoms. The other lesson to be learnt is that extra care should be taken when obtaining a medical history and that a doctor should talk to relatives who can give vital information on the patient’s condition.
Our experience
Turner Freeman have acted for numerous clients who have had poor outcomes in rural and regional settings. We know from our experience that rural and regional patients are at a disadvantage because of the lack of resources and expertise to deal with specific medical complaints. This coupled with delays in transfer to bigger hospitals where further investigations can take place can have devastating consequences, like in Ivy’s case.
Get in touch with us
If you have or someone you know has had a poor outcome following medical treatment in rural or regional setting, it is important you get advice as to your legal options.
At Turner Freeman, we have specialist medical negligence lawyers who will assess your case and provide personalised advice regarding your legal entitlements. Our medical negligence lawyers are located across NSW including in our offices in Sydney, Parramatta, Wollongong, Newcastle and Toronto.
If you or someone you know has suffered as a result of medical negligence, we encourage you to call us on 13 43 63 to speak with one of our medical law experts.
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The Workers Compensation legislation allows for consequential injuries sustained to workers as a result of an initial injury.
Most people commonly think of consequential injuries as an injury that has occurred as a result of over-reliance or overcompensation with respect to one body part as a result of an injury.
For example, if someone has sustained an injury to their right hand, they may be avoiding using the right hand and as a result they overcompensate with their left hand causing injury. Alternatively, an injured worker may have sustained an injury to their left knee and as a result they are walking with a limp potentially causing consequential injuries to their right knee and lower back.
Most people may not be aware that gastrointestinal and/or urological problems issues that may arise from taking too much medication as a result of their workplace injury can be classified as a consequential injury.
Recent examples
Turner Freeman recently acted for an injured worker who sustained an injury to her back whilst assisting an elderly gentlemen to bed whilst performing her job as a disability support worker.
The workers compensation insurer disputed that the worker sustained a consequential urological condition as a result of her injury.
We successfully argued on behalf of that injured worker that she had suffered ongoing bladder issues since the accident. Given that the applicant had never experienced such a significant urological condition, we were able to link these issues the worker was experiencing to her workplace injuries.
Turner Freeman have also successfully acted for an injured worker who was claiming the cost of a gastric bypass operation. The injured worker claimed that as a result of the numerous medications that the injured worker was required to take as a result of their physical injuries, that injured worker had significantly gained weight. That weight gain was causing many problems for the injured workers health and as a result, their treating doctors recommended a gastric bypass operation.
We were successfully able to link the need for that surgery to their physical injuries and the medications they were required to take as a result of those injuries, and accordingly obtained a ruling that the insurer pay for the costs of the surgery.
Final remarks
Consequential injuries are not always straightforward. Some workers may have sustained consequential injuries and they might not be aware that their additional injury relates to their initial workplace injury. It is important that consequential injuries be identified as soon as possible and be claimed accordingly on the workers compensation insurer.
Get in touch with us
If you are unsure on whether you have sustained a consequential injury or wish to obtain general advice, do not hesitate to contact your local Turner Freeman office on (02) 8833 2500.
The post What are the different types of consequential injuries? appeared first on Turner Freeman Lawyers.

When making personal injury claims, many of the claims we work on are governed by the provisions of the Workers Compensation Scheme, Motor Accidents Compensation Scheme and Civil Liability Act 2002. 
Within this legislation it is prescribed that 5% discounts must be applied to calculations of future economic loss. This is premised upon historical interest rates and is based on the assumption that monies paid for future loss of earning capacity will earn 5% per annum in a bank and this discounted accordingly.
Lets assume that a claim can be made for a seriously injured person that was earning $1,000 per week and this 47 year old will not be able to work again. Therefore the losses theoretically may be $1,000 per week x 52 weeks x 20 years = $1,040,000.
Operating on a 5% interest rate the actuarial calculation would have to be as follows:
$1,000 x 666.4 weeks = $666,400.
If that $666,400 remained in your bank account over 20 years at a interest rate of 5%, would receive the equivalent of $1,040,000 which an injured person would have earnt but for their injury.
At the time of this publication, the current official cash rate as determined by the Reserve Bank of Australia is 0.25% and the interest rate on a standard Commonwealth Bank savings account is about 0.85%.  It is fairly clear to see that the injured person in this situation would fall well short of that amount of money that they have lost, because of this unfair calculation.
A 3% interest rate for the purposes of these calculations would be much more fair and reasonable for injured people and we will lobby our professional associations and governments to amend the relevant legislation and regulations to allow this fairer financial calculation.
If you have any questions about a personal injury claim, please do not hesitate to contact our personal injury lawyers on 13 43 63.
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There is a lot of responsibility involved in being the executor of an estate. It is a thankless task and if you are not also a beneficiary of the Will, there is very little, if any, financial reward.
Peoples’ personal affairs pre and post death, and their estates can be complex, particularly if there are familial disputes. There are any number of reasons why issues arise or delays may be caused. As an executor, there are a number of duties and responsibilities. These are summarised below.
Organising the funeral
The first responsibility of an executor is to arrange the funeral (generally in consultation with the deceased person’s family). However, while the executor is responsible for organising the funeral, the costs of the funeral are paid from the estate.
If an executor (or anyone else) pays for the funeral personally, they are entitled to be reimbursed the reasonable expenses of the funeral from the estate.
Collecting and preserving assets
The next responsibility of an executor is to ascertain and collect into the estate the assets owned by the deceased person. These assets may include cash in bank accounts, shares, property, motor vehicle/s, unpaid wages etc. and in some circumstances, superannuation and life insurance.
An executor should notify all relevant institutions of the death of the deceased person and take control of the assets. This includes transferring relevant assets to the executor in their role as personal representative of the estate and notifying institutions, including telecommunications and energy companies, banks, and superannuation funds, to name a few.
Some institutions may require a Grant of Probate of the Will to recognise the executor as a person who has the authority to deal with the estate. A Grant of Probate is the court’s official recognition that the will of a deceased person is the last, valid will of a deceased person.
Small amounts in bank accounts or shareholdings, and real property (real estate) do not usually require a Grant of Probate in Queensland. However, it may be prudent for an executor to obtain a grant to provide them with greater protection and ease when dealing with the estate assets.
It is also important to remember that if there is a property or properties in the estate, the executor should make sure that property or properties are insured.
An executor’s duty is to the estate and the beneficiaries. Their primary duty is to act in the best interest of the estate. It is important that the executor avoids any decision that conflicts with their own interests. Unless all beneficiaries provide their express, written agreement, an executor should avoid making a decision, which may conflict with their own interests or which may negatively affect the value of the estate.
If an executor does not fulfil their obligations as executor, or acts in a way which negatively affects the estate, they may be held personally liable for any loss suffered by the estate.
Paying debts
When all assets have been identified it is necessary to pay any debts. For example, reimbursement of reasonable funeral expenses, credit cards and loans. If property is sold, any mortgage/s should be repaid and outstanding outgoings, such as rates and water, paid.
In some cases, there will be insufficient funds in an estate to pay debts. This is known as an insolvent estate. The order of payment of debts is set out in s 57 of the Succession Act 1981 (Qld) and states that, “the funeral, testamentary and administration expenses have priority.”
An executor should ensure that records are kept of all payments made from the estate i.e. invoices and receipts.
Defending the estate during legal proceedings
Jenna Hutchinson discussed Family Provision Applications in a previous blog (which can be found here), but in short, in Queensland, an eligible person must notify the executor of their intention to apply for further provision from an estate within six months of the deceased person’s death. The person bringing the claim is then required to apply to the court within nine months of the date of death.
If after the date six months from the date of death the executor has received no notification of a potential claim against the estate, the executor may administer the estate and will be protected by the provisions of the Succession Act 1981 (Qld).
If notice has been received of a claim within six months from the date of death, but at the date nine months from the date of death, no application has been made in a court, the executor may administer the estate.
A claim can be brought outside the above time frames, but whether the claim will be allowed is at the discretion of a judge.
Attending to taxation
It is necessary for an executor to attend to personal income tax for the deceased person up to the date of their death and also income tax for the estate as a separate taxpayer. The obligation to file tax returns generally continues until finalisation of the estate administration.
Capital Gains Tax should also be kept in mind if there are Capital Gains Tax assets in the estate, for example, property or shareholdings etc.
Distributing and/or managing assets
Once all assets have been collected into the estate, debts paid, and if relevant, any legal proceedings finalised, the estate must be distributed to the beneficiaries.
A general principle applies that one year from the date of death is considered a reasonable time for the administration of an estate. However, this may be affected by litigation and/or other complexities, depending on each estate.
There may also be minor beneficiaries to a will, or beneficiaries who have not yet reached the age specified in the will for them to receive their share. If this is the case, the executor (if they are also the named trustee of the trusts created under the will) has further duties to hold the estate assets or funds until the beneficiaries attain the relevant age.
It should be noted that once a beneficiary reaches 18 years of age, if they have full legal capacity and a vested interest in a share of the estate, that beneficiary may apply for the release of their share earlier than the time specified in the will.
An executor’s obligations also continue until those beneficiaries reach the relevant age. Those obligations include maximising the beneficiaries’ entitlements, which may mean investing funds, renting property for rental returns etc. In these circumstances, an executor is able to advance funds from the estate for education, maintenance and support of those beneficiaries.
An executor is required to administer the estate without delay (with exception if there is litigation), and if there is loss suffered by the estate due to any delay by the executor, they may be held personally liable.
It should also be noted that interest will also begin to accrue on any specific monetary amount gifted under a will after the first anniversary of the deceased person’s death. This is “legacy interest” and is calculated in accordance with s 52 of the Succession Act 1981 (Qld).
Due to the onerous responsibilities and obligations of an executor, they are able to apply to the court for commission to be paid from the assets of the estate (Succession Act 1981 (Qld) s 68).
As an executor, it is important to obtain appropriate advice from relevant advisors, such as:

solicitors in relation to the responsibilities as executor;
accountants in relation to taxation and accounting of estate assets; and
financial advisors, if necessary, in relation to investment and management of estate assets.

Get in touch with us
We would be happy to assist you with your duties as an executor. If you have been appointed as an executor and have questions in relation to your obligations and responsibilities, please feel free to contact Turner Freeman Lawyers’ Wills and Estates Team on 07 3025 9000. Jenna Hutchinson and Laura Hagan practise exclusively in Succession Law and would be happy to have a chat with you.
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Many of our Partners are proud recipients of a number of awards from the highly regarded and recognised Doyle’s Guide for 2020. Doyle’s Guide is an independent body that rates, ranks and recommends Australian law firms based on extensive interviews with clients, peers and relevant industry bodies.
Below are the awards that Turner Freeman Lawyers and our individual Partners have received within their area of law:
Compensation Law
Preeminent, Leading & Recommended Asbestos & Dust Diseases Compensation Law Firm
Preeminent, Leading & Recommended Asbestos & Dust Diseases Compensation Lawyers:

NSW

Armando Gardiman AM
Gerard McMahon
Ann-Maree Pascoli

QLD

Harry Dignan
Wayne McStay
Tamaryn Caldwell

SA

Annie Hoffman

WA

Kacey Wuelfert
Alana Main

Leading & Recommended Work Injury Compensation Law Firm

Leading & Recommended Work Injury Compensation Lawyers:

NSW

Gaius Whiffin
Richard Dababneh
Fady Dous
Nathan Edwards Bonello

QLD

Harry Dignan
Wayne McStay

SA

Dante Gloria

Leading & Recommended Motor Vehicle Accident Compensation Law Firm 

Leading & Recommended Motor Vehicle Accident Compensation Lawyers:

NSW

Fady Dous
Gaius Whiffin
Richard Dababneh

QLD

Harry Dignan

Recommended Medical Negligence Law Firm 

Recommended Medical Negligence Lawyers:

NSW

 Sally Gleeson

Recommended Public Liability Compensation Law Firm 

Recommended Public Liability Compensation Lawyers:

NSW

Richard Dababneh
Fady Dous

QLD

Harry Dignan

Recommended Wills & Estates Litigation Lawyers:

QLD

Jenna Hutchinson

The post 2020 Doyle’s Guide awards appeared first on Turner Freeman Lawyers.

There are several reasons why an insurance company may reject your claim. Common reasons include:

The person making the claim does not meet the legal definition for a ‘worker’;
The insurer considers that employment was not a substantial contributing factor to the injury;
The compensation sought is excessive given the nature and extent of the illness or injury;
You had pre-existing injuries/conditions which are causing ongoing symptoms.

Where the insurer disputes liability for your workers compensation claim they will advise you of their reason(s) in writing (this is called a Section 78 notice) and provide information on the next steps available to you.
The Section 78 notice must provide:

A clear explanation as to why it has disputed liability and the factors that brought the insurer to that decision.
Identification of all documents available to the insurer at the time it made its decision (including copies of those documents if you don’t already have them).
A clear pathway or guidelines outlining how you can go about requesting a review of the decision

If you receive a Section 78 Notice, your options are:

Seek legal advice.
We will immediately take your detailed instructions, obtain a copy of your file from the workers compensation insurer, and acquire all relevant medical and other materials. We can help you navigate your way through the system and obtain the evidence you will need to challenge the insurer’s rejection of your claim.
You may be eligible for lost income, medical expenses, travel expenses, domestic assistance and permanent impairment.

Request a review by the insurer.
There will be an application form attached to the Section 78 Notice. The review form gives you a chance to explain why you think a review is necessary. You should use this opportunity to include any additional information relevant to your claim. The insurer must respond within 14 days. The insurer will either maintain its original decision or in a best-case scenario, the insurer will reverse its previous decision and accept your claim. If the dispute decision is maintained, the next step is to proceed to the Workers Compensation Commission (WCC).

Apply to the WCC.
The Workers Compensation Commission is an independent government tribunal that deals with disputes between workers, employers and insurers across New South Wales. The WCC may appoint an Arbitrator – an independent decision maker to help resolve the dispute.

The process at the WCC is as follows;

Your lawyer files an Application for Dispute resolution with the WCC which includes all evidence to be relied upon.
The Insurer or its lawyer must file a reply with their evidence within 28 days.
The matter is reviewed by the WCC and a telephone conference is appointed usually 28 days later.
You should attend the telephone conference in person at your lawyer’s office or via the telephone.
At the telephone conference the Arbitrator will discuss the matter and the issues in dispute. The Arbitrator will attempt to resolve the matter by agreement. If the matter cannot be resolved, the Arbitrator will make orders for further preparation of the claim and list the matter for a face to face Conciliation/Arbitration Conference. Your lawyer will do the majority of the talking at the telephone conference.
Your lawyer will then confirm in writing the date and time of the Conciliation/Arbitration Conference which is usually 28 days following the telephone conference.
If further preparation is necessary your lawyer will contact you for further information.
The Conciliation/Arbitration Conference has two phases;

1. The Conciliation phase – the Arbitrator will discuss the issues and see if the parties can reach agreement, if no agreement can be reached the matter proceeds to;
2. The Arbitration phase – the barristers are asked to make submissions outlining what the outcome of the claim should be and occasionally questions are asked by the Arbitrator about the claim. The Arbitrator then makes a written decision usually within 21 days.
For assistance with challenging a rejected workers compensation claim, contact our expert workplace lawyers today on 13 43 46.
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Consider the following scenario: you sustained an injury at work, and now you are not well enough to continue working for your employer. Your employer’s workers compensation insurer has been paying you a weekly wage while you recover, but now you have just found out you are pregnant. You are probably concerned about how you will care for your child while you are injured, and whether you can afford to provide for your newest family member. You likely have many questions, including, whether you can still take maternity leave, or whether your weekly payments can continue even though you probably would have taken time off work to care for your baby anyway.
At Turner Freeman lawyers, our experienced worker’s compensation lawyers are there to listen to your concerns, and advocate for your rights. In this blog, we hope to answer some of your questions, and help put your mind at ease.
Can I take unpaid maternity leave while on workers’ compensation?
Yes.[1] There is nothing in the Fair Work Act 2009 (Cth) that precludes workers in receipt of weekly workers compensation payments from accessing their unpaid parental leave rights. The NSW worker’s compensation legislation is also silent on the issue. If you are eligible to take unpaid parental leave, the fact that you are on worker’s compensation does not disqualify you from taking time off to care for your newborn.
Will I still receive weekly workers’ compensation payments while on maternity leave?
In Miller v New South Wales Police Service (No.2) (‘Miller’) Deputy President Bill Roche held that “an employer’s liability does not cease because of supervening incapacity as a result of external non-work related events”.[2] This is because, under the workers compensation legislation, a supervening event such as the taking of maternity leave is not relevant to the question of whether an employee is entitled to receive weekly payments of worker’s compensation. Instead, section 33 of the Worker’s Compensation Act 1987 (NSW) merely states that if a worker is totally or partially incapacitated because of a work injury, they are entitled to weekly payments.[3] Thus, when determining whether a police officer was entitled to be paid worker’s compensation while he was on parental leave, the Deputy President found that the relevant question is whether, if he did not take leave, he would have still been incapacitated as a result of his work injury.[4] In that case, taking into account the medical evidence, the answer was yes.
Adopting this authority, you are entitled to receive weekly payments of compensation if you are incapacitated due to your work injury, regardless of whether you choose to take parental leave.
If I take paid parental leave, is the amount I am paid deducted from my workers’ compensation weekly payments?
Miller was recently confirmed in Kirkbride v State of New South Wales (Ambulance Service) (‘Kirkbride‘),[5] where it was found that not even paid parental leave affects a worker’s entitlement to worker’s compensation. The Arbitrator held that the receipt of paid maternity leave while on workers compensation is not a dual benefit under s 46 of the Act,[6] is not earnings,[7] and does not offend the principle of restoring a worker to their pre-injury status.[8] Thus, if a worker takes paid parental leave, the amount he or she is paid for that leave should not be taken into account when calculating PIAWE and should not be deducted as ‘earnings’ from a worker’s weekly payments of workers compensation.
Nonetheless, it is important to note that a worker’s entitlement to paid parental leave depends on their governing workplace instrument (i.e. the employment contract, enterprise agreement or award), and/or whether they are eligible to government payments under the Parental Leave Act 2010 (Cth) (‘PLA‘). For instance, in order to be entitled to government payments under the PLA, a ‘work test’ must be met, which requires the recipient to work a certain amount of hours in the 392 days before the baby is born or the expected date of birth or the date the worker goes on maternity leave. Thus, if you cannot work before going on maternity leave, you may not be eligible to receive paid parental leave through the government scheme if you have not worked enough prior to taking leave.
In summary, your entitlement to worker’s compensation is not affected by your entitlement to take maternity leave, and vice versa. For assistance calculating your entitlements, or challenging a dispute, contact our expert workplace lawyers today on 13 43 46.
 
[1] See ‘Payments & leave while on workers compensation’, Fair Work Ombudsman (Web Page) .
[2] Miller v New South Wales Police Service (No.2) [2007] NSW WCCPD 216, [31] citing McCann v Scottish Co-op Laundry Association Ltd [1936] 1 All ER 475; Salisbury v Australian Iron & Steel Ltd [1943] WCR 97 and Doudie v Kinneil, Cannell & Coking Coal Co Ltd [1947] AC 377.
[3] Worker’s Compensation Act 1987 (NSW).
[4] Miller v New South Wales Police Service (No.2) [2007] NSW WCCPD 216, [34].
[5] Kirkbride v State of New South Wales (Ambulance Service) [2019] NSWWCC 236.
[6] Ibid [51]-[54].
[7] Ibid [56]-[58].
[8] Ibid [61]-[65].
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Superannuation is there to support you into retirement. For this reason, you cannot ordinarily access your account balance until you reach a particular age and retire (preservation age).
If you are experiencing financial hardship and have been unable to work due to injury, illness or other circumstances, you may be able to access your superannuation early.
If you are experiencing financial hardship and meet the requirements set out by the Australian Government, you may apply to access your superannuation early.
How much can you access?
You can apply to take out an amount between $1,000 and $10,000 in any 12 month period. These amounts are generally subject to taxation.
Who can access their superannuation due to financial hardship?
The Australian Government has guidelines that need to be met in order to gain access to your superannuation on the grounds of financial hardship.
You must:

Have received income support payments from Centrelink for at least 26 consecutive weeks; and
Be able to show you are unable to pay reasonable and immediate family living costs, such as bills, groceries or rent.

Below is a list of Centrelink income support payments that meet this criteria:

Age Pension
Austudy
Carer Payment
Disability Support Pension
Farm Household Allowance
JobSeeker Payment
Parenting Payment
Partner Allowance
Special Benefit
Widow Allowance
Youth Allowance
Various Department of Veterans’ Affairs pensions

Often we take enquiries from people seeking to access their superannuation due to financial hardship.
When the reason for this is due to injury or illness there may be additional superannuation entitlements, such as Total and Permanent Disablement (TPD) or Income Protection that can also be claimed.
We would be pleased to discuss your superannuation and/or other claim options with you.
The post Financial hardship and accessing your superannuation appeared first on Turner Freeman Lawyers.

If you have been diagnosed with a psychological injury, whether this be due to an injury at work or illness related, you may be able to lodge a Total and Permanent Disability claim.
At Turner Freeman lawyers we provide expertise advice and highly skilled lawyers who complete the whole process for you so that you are stress free. Lawyers at Turner Freeman work for a “No win, No fee basis” meaning if we don’t win your claim, we don’t charge our fees.
According to the Financial Services Council (FSC) and KPMG Australia, statistics found a 24.1% rise in psychological injury claims with superannuation funds for total and permanent disability (TPD), in particular claims for Total and permanent disablement were being made under mental illness. Most frequent mental health conditions include Post traumatic Stress disorder (PSTD) followed by depressive episodes and recurrent depressive disorders.
Do I need a lawyer?
When dealing with a mental health condition it can be quite complex, the team at Turner Freeman lawyers not only do we understand your circumstances and the challenges you face but lodge your total and permanent disablement claim so that you do not have to deal with large organisations and insurer.
Dealing with a mental illness or any injury whether work related or outside of work is a challenge within itself. Superannuation funds assess whether or not a person is expected to work ever again.
Superannuation funds have set a criteria that must be met before any payouts can be made. At Turner Freeman the team of highly skilled lawyers gather evidence including medical reports so that there are no questions of doubts for Superannuation funds to reject your claim and ensure all necessary documents are relevant to your matter to support the inability to return to work.
When making a claim for Total and Permanent disablement, it does not require you to prove how your condition occurred nor a requirement that you are bed bound or wheelchair bound. Rather it is a set criteria that firstly proves that you have been disabled by an injury or illness where you cannot undergo your usual duties at work for usually six months for an unbroken period thereby allowing you to fulfil the qualifying period.
The second threshold that must be met for superannuation funds is that after the expiry of your qualifying period, that due to your injury or illness you are unable to return to work in the area for which you are qualified by educations, training or experience.
Get in touch with us
For those suffering mental illness, whilst you remain under the care of healthcare professionals, our lawyers at Turner Freeman handle your claim in safe hands. If you don’t win, we do not charge you any fees. If you have any questions, contact our office to assist you through these difficult times knowing your dealing with experts.
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Coffey v Murrumbidgee Local Health District is an example of a case where the plaintiff was unsuccessful in a medical negligence claim and demonstrates the application of both the “competent professional practice” defence and the “out of time” defence.
Factual summary

James Coffey by his tutor Kathleen Coffey (his mother) brought a medical negligence claim against Murrumbidgee Local Health District (MLHD) in relation to his premature birth at the Wagga Wagga Base Hospital on 19 January 2004. It was alleged that various failings by the hospital “significantly diminished” the prospect of a satisfactory perinatal outcome. Ms Coffey also brought a claim for psychiatric injuries suffered as a result of the circumstances surrounding her son’s birth.
On 4 January 2004, at 25 weeks and 2 days gestation, Ms Coffey was admitted to Wagga Wagga Base Hospital and was provisionally diagnosed with “threatened premature labour”. Ms Coffey was treated with Celestone (medication for promotion of lung development in an unborn baby) and Adalat (medication for suppression of contractions).
On 8 January 2004, the results of a urine sample gave the impression that Ms Coffey likely had a urinary tract infection. Ms Coffey was treated with antibiotics and was discharged on 10 January 2004.
On 19 January 2004, at 28 weeks and 3 days gestation, Ms Coffey presented to Wagga Wagga Base Hospital after experiencing “mild tightenings every ten minutes…increasing to contractions four minutes apart”. At 8:00 am, Ms Coffey was examined and it was noted that she was fully dilated and at 8:14 am, Ms Coffey gave birth to James. James required cardiac massage and was ventilated via a bag and mask. Subsequently, James was transferred to Canberra Hospital.
During the admission at Canberra Hospital, James suffered various health problems including an increasing oxygen requirement, collapse of the left lung, hypotension and incomplete retinal vascularisation. James’ blood tests were suggestive of sepsis and he was also diagnosed with staph auerus MRSA infection of the skin.

Allegations of negligence

The plaintiffs’ primary allegation was that Ms Coffey should have been transferred to Canberra Hospital on 5 January 2004 or alternatively that she should have been transferred “no later than some time during the period between 5 January 2004 and 19 January 2004”.

The “competent professional practice” defence

MLHD, in their defence to the plaintiffs’ second further amended statement of claim relied on s 5O of the Civil Liability Act 2002 (NSW).
In this matter, the Court noted, subsequent to an analysis of previous cases that considered s 5O:

“It follows that, where a professional adduces evidence that established that he or she acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice, then, subject to the court not finding that the opinion is irrational, that practice established the standard of care, conformity with which by the defendant will mean he or she “does not incur liability in negligence”. That should be so even in cases where the judge is of the opinion that a different or higher standard, of which the defendant fell short, should obtain”.   

The defendants adduced evidence from various experts to the effect that “Wagga Wagga Base hospital acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice”. The Court found that the experts in this case established the standard of care with respect to this particular matter and that the hospital met that standard of care. As such, MLHD was not liable in negligence.

The “out of time” defence

The defendants also relied on a limitation period defence, submitting that the plaintiffs were out of time to commence proceedings noting that “proceedings were commenced more than three years after the date upon which the cause of action was discoverable”. The statement of claim was filed on 31 March 2011 (7 years and 2 months after the birth of James).
Ms Coffey initially consulted with her solicitor on 3 March 2004. Ms Coffey received advice from her solicitor in relation to the limitation period.
After two unfavourable reports from experts, Ms Coffey’s solicitor did not advise in favour of pursuing the matter. The file was closed, upon Ms Coffey’s instructions.
In February 2011, Ms Coffey instructed her solicitor to recommence searching for an appropriate expert. Following a conference with an expert obstetrician, Ms Coffey’s solicitor “formed the view that there was an arguable case” and filed a statement of claim.
The Court considered that, “…The suggestion that Ms Coffey was unaware of the relationship between the injury sustained by her son and the fault of the hospital until she was informed of the views expressed by Professor Fliegner in the conference with Mr Potter on 21 March 2011 in my view either misunderstands the applicable test or is not supported by evidence. The issue of one of discoverability, not discovery…The fact that Ms Coffey did not “discover” Professor Fliegner’s opinion until within a three year period before she commenced these proceedings ignored the significance of what she should have discovered and when she should have discovered it. All the steps that were taken and everything that occurred that led to the provision of Professor Fliegner’s opinion could correspondingly have been taken or could have occurred well before the period of three years prior to the commencement of proceedings…”

Get in touch with us
This case highlights some of the complicated legal and medical issues involved in these claims. In order to understand these complicated issues and have the best chance at success, it is crucial to have lawyers with the right experience and knowledge who are prepared to go to a trial if a reasonable settlement cannot be achieved.
At Turner Freeman we have lawyers who specialise in medical negligence claims. Our Sydney partner, Sally Gleeson, along with her team of lawyers, have a dedicated practice in medical law.
We have adapted with the latest changes to the court procedures with COVID-19 and are continuing to help many clients progress their cases on a “no win, no fee” basis so they can obtain compensation needed for treatment, aids, equipment, care and assistance.
If you or someone you know has suffered as a result of medical negligence, including a situation in which you have suffered injury as a result of radical treatment, we encourage you to call us on 13 43 63 to speak with one of our medical law experts. We will treat your enquiry and all information you provide confidentially.
The post Coffey v Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service [2019] NSWSC 1265 appeared first on Turner Freeman Lawyers.

By and large, we think of medical negligence claims as being to compensate someone for a physical injury suffered during a medical procedure.
Physical injuries certainly form the majority of all medical negligence claims. However, you are also entitled to claim for psychological harm which arises either as a consequence of physical injuries or due to injuries suffered by a loved one.
Medical negligence matters often involve an element of a breach of trust or a traumatic event.  It is understandable that a person would suffer psychologically as a result of medical negligence.  The psychological impacts of negligent medical treatment can resolve over a period of time or they can be life-long.  Psychological harm following a physical injury can be claimed as part of a medical negligence claim.  This is known in legal terms as ‘consequential mental harm’.
The law also recognises that medical negligence impacts not just the person who is the subject of the negligent treatment.  If you are a close family member of an injured person or you witness someone being injured and you suffer a psychiatric injury as a result of someone else’s personal injury, you can bring your own claim.  These claims are known as ‘pure mental harm’ claims.  You must establish that you have suffered a recognised psychiatric injury, which is done by obtaining expert evidence from a psychiatrist.
You can read more about the evidence needed to prove consequential mental harm or pure mental harm here.
In medical negligence claims, you can claim for pain and suffering, out of pocket costs such as treatment or travel expenses, domestic care and assistance requirements and your inability to work.  Courts have historically found it easier to assess non-economic loss for physical injuries.  This is because the nature of the injury is easier to perceive than psychological harm.
Non-economic is a Court’s way of compensating you for experiencing an injury through no fault of your own and as a result of someone else’s negligence. It is a method of compensating the intangible aspects of personal injuries that cannot easily be calculated; things such as the reduction in your quality of life and inability to engage in social activities. In assessing and awarding non-economic loss damages, a Court will take into account the nature and severity of your injuries, your level of disability and the impact your injury has on your day to day life. A Court will also take into consideration your life expectancy because it is relevant to how long you will suffer the impacts of your injury.
The amount of compensation you are entitled to in a claim for mental harm depends upon the strength of the expert evidence obtained on your behalf. It is important to get the right expert evidence which demonstrates a clear link between your psychological condition and the negligent treatment, whether it be treatment to yourself or someone else.
Get in touch with us
Medical negligence claims are difficult and rely upon supportive expert evidence in order to be successful. At Turner Freeman, we have specialist medical negligence lawyers who will assess your case and provide personalised advice regarding your legal entitlements. Our medical negligence lawyers are located across NSW including in our offices in Sydney, Parramatta, Wollongong, Newcastle and Toronto.
If you or someone you know has suffered as a result of medical negligence, we encourage you to call us on 13 43 63 to speak with one of our medical law experts.
The post Psychological injuries in medical negligence claims appeared first on Turner Freeman Lawyers.

Some married couples make the decision to separate on a permanent basis, but do not get divorced. At the time, the couple may come to an amicable, but informal agreement regarding the division of their assets.
However, as illustrated in the below case study, informal arrangements can fail to address significant legal consequences for a deceased estate.
It is important to remember that marriage is a legal status under federal law.
Unexpected complications can be difficult for the surviving family to navigate at a time when they are coping with their own grief and loss.
We explain how complex legal issues can arise in circumstances where a separated couple remains legally married, but one party dies intestate (without a Will).

Case Study – Karen

Karen’s parents separated 15 years ago when she was 16 years of age. For Karen, the division of assets appeared to be simple, Mum kept the family home and Dad moved into the investment property. Karen moved out of her mother’s house when she turned 18. Over the years communication with her mother broke down and they have not spoken in 7 years. Karen’s mother and father have not spoken since the separation. Karen remained in regular contact with her father. Recently, Karen’s father died. Karen is certain her father did not have a Will. As the only child, Karen began sorting through her father’s personal effects after his death. She discovered her parents were not divorced. Furthermore, her father owned real property in his sole name when he died.

Who has the right to administer Karen’s father’s estate?
According to NSW’s succession laws, Karen’s father died intestate (without a valid will). As Karen’s father owned real property (land) in NSW, a grant of Letters of Administration will be required to be obtained from the Supreme Court before the land can be administered (ie. sold or transferred).  The Supreme Court will only issue a grant of Letters of Administration to limited categories of people, including to a person who would be likely to benefit from the whole or a share of the deceased’s estate. Pursuant to Section 63 of the Probate and Administration Act, this would include Karen’s mother.
Who receives an interest in Karen’s father’s estate?
Karen’s father told her he wanted all of his estate to pass to her, and Karen thinks this is what he expected would happen after his death. Unfortunately, although Karen’s mother has been estranged from the deceased for many years, she is still legally considered to be a spouse. As Karen’s mother is considered the surviving spouse, she is entitled to the whole of the estate. Karen receives no share of the estate under the rules of intestacy as she is a child of the surviving spouse. This also means Karen lacks standing to make an application to the Supreme Court to seek to administer her father’s estate. Unless a marriage has been formally dissolved by divorce, the estranged spouse still retains their rights under the Probate and Administration Act and the Succession Act.
How to avoid this issue?
The above highlights an important consequence of remaining married at the time of death.
The issue could have been avoided by Karen’s father formalising a divorce through the Family Law Court, although sometimes people have personal reasons for wishing to remain married.
One of the most effective ways to avoid complications with your estate is to ensure you have a current Will clearly stating your testamentary wishes. If your circumstances change, such as you become separated from your spouse, it is important to review your Will and update your testamentary wishes to reflect your current circumstances.
Seek advice
The Wills and Estates team at Turner Freeman Lawyers can provide professional advice to ensure your Will is drafted in clear and concise language that ensures your last testamentary wishes are carried out.
If you would like assistance preparing or updating your Will, or you would like to discuss any questions you may have regarding estate planning, do not hesitate to contact Turner Freeman Lawyers on 13 43 63 or via our online enquiry form.
Article was co-written with Newcastle solicitor Tenille Rossi.
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The decision as to whether or not a claimant has sustained injuries that are defined as minor injuries in the Motor Accidents Injuries Act 2017 is one of the most important decisions made in relation to a motor accident claim.
This decision will determine whether the claimant is entitled to statutory benefits after the first 26 weeks from the date of accident and whether they will be entitled to bring a claim for common law damages.
It is very important that claimants have their injuries investigated as thoroughly as possible during the first 26 weeks before this decision is made, wherever possible.
In addition to regular consultations with their treating doctor and other allied health workers, radiological investigations can be crucial in determining whether or not a claimant will fall into the minor injury category.
A recent case
Turner Freeman Lawyers recently acted for a claimant who alleged she sustained injuries in a motor vehicle accident. The insurer determined within the first 26 weeks that all of the claimed injuries were minor injuries as defined by the legislation, and therefore issued a decision denying statutory benefits after the first 26 weeks. Turner Freeman Lawyers challenged that decision in the Dispute Resolution Service (DRS), however the medical assessor determined that all of the claimant’s injuries were in fact minor injuries.
Turner Freeman Lawyers sought a review of that Medical Assessment Certificate on the basis that there was reasonable cause to suspect that the medical assessment was incorrect in a material respect. The basis of that application was that radiology of the claimant’s cervical spine demonstrated that the claimant had a disc protrusion with a central annular tear. It was submitted that a tear is defined in the legislation as a non-minor injury.
The proper officer accepted that the assessor had not sufficiently addressed the annular tear and accordingly referred the matter to a review panel.  The review panel considered all of the evidence and in particular, looked at the claimant’s history prior to the motor vehicle accident. The review panel were ultimately satisfied that the motor accident had caused the annular tear, after taking into account the claimant’s pre-existing cervical spine condition.
What is important to note, is that had the claimant not undergone this investigation, it is likely that the decision that she had not sustained more than a minor injury would have been upheld and the Claimant would have been subsequently dis-entitled from statutory benefits and a common law damages claim.
For this reason, it is recommended that claimant’s regularly liaise with their doctor and seek approval of any necessary radiological investigations at the earliest opportunity where they are warranted and recommended by their medical professionals.
As always, where there is a dispute about a statutory benefits claim, the lawyers at Turner Freeman are able to assist in challenging and potentially overturning those decisions.
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It is understandable that most people don’t want to think about dying, and a lot of people don’t turn their mind to what will happen with their assets when they die.
Having a valid will ensures that your assets, money and belongings end up where you want them to be after your passing.
You’ve decided that you need a will. What information do your lawyers need from you to prepare your will?
An estate planning meeting can be somewhat confronting. Your lawyer (often someone you’ve never met before), will ask a lot of personal questions about you and your situation, including current and former relationships, whether you have or intend to have children (or more children), the assets you own, money you have in the bank and any funeral wishes you have etc.
Decisions about who you want to receive your assets and what you want done with them are not easy to make and they are often things people haven’t considered before their meeting. We work with you, and give you the advice you need to make informed decisions so that your estate can be distributed in accordance with your wishes.
Prior to your meeting with a lawyer, there are a few things you should consider. Setting these out in a list or table can sometimes be helpful and will assist your lawyer to get a greater understanding of you and your situation. These matters include:

Your relationship status. If you are in a de facto relationship, whether you intend to marry. If you were previously married, whether you have finalised a divorce and property settlement etc.
Any children you have, including step children and adopted children, and if you intend to have more children. If you don’t have children, whether you intend to have children in the future.
Your assets, which may include home, car, cash, shares, jewellery, artwork, superannuation and life insurance.
How your assets are owned e.g. joint bank accounts, joint property, company assets.
Any interests you have in companies and/or trusts.
Who you wish to appoint as an executor.
Who you wish to gift your estate to.
If you would like to set an age for when your minor beneficiaries receive their share of your estate.
If you have minor children, who you wish to appoint as guardian of those children in the event of the unfortunate death of both parents.
Any funeral arrangements you have or wishes you have in relation to your funeral.

Appointing an executor or executors
You may have up to four executors.
Your executor or executors will be responsible for administering your estate in accordance with your will. They will be required to arrange your funeral, pay any debts, collect your assets and sell any assets if required, and then distribute your assets (or the proceeds of sale) to the beneficiaries as set out in your will.
You should ensure that whomever you choose as your executor is (or are) someone you trust. You may wish to consult with your proposed executor prior to your meeting to let them know you wish to appoint them.
If you appoint more than one executor, it is recommended you appoint people who will be able to work together. Disputes between executors may cause unnecessary delays in the administration of your estate and an added cost, which is likely to be borne by your estate.
Choosing your beneficiaries
You may have a clear idea of who you wish to receive your assets on your passing.
If you are unsure of how you wish for your estate to be distributed, you may wish to consider if there are specific items you would like to go to a particular person, or certain amounts to family members, friends or charities.
You are able to do with your estate as you wish. This may include specifically listing assets and beneficiaries, or specifying percentages, gifting to charities, allowing a person to live in your home until a certain date or event etc.
These are all things you may wish to consider, and things we would be happy to discuss with you at your estate planning meeting.
In a previous blog, Jenna Hutchinson spoke of the risks of Family Provision Claims and who is eligible to bring a claim. That blog can be found here.
Do you need an Enduring Power of Attorney?
An Enduring Power of Attorney (“EPOA”) is a document, which appoints another person to make decisions on your behalf when you are unable to make them for yourself.
An EPOA allows your attorney to make decisions in relation to personal and health matters, and financial matters. Your attorney will be able to make almost any decision you can make for yourself (your attorney cannot make decisions about your will or appointing another person as your attorney, voting, consenting to marriage or adoption, body tissue donation, sterilisation, experimental health care and other special health matters).
There are responsibilities imposed on an attorney by the Powers of Attorney Act 1998 (Qld). These responsibilities include:

Keep records of all financial decisions made on your behalf.
Keep your property separate from their own (unless jointly owned).
Avoiding conflicts of your interests with their own interests.
Getting approval for unauthorised financial transactions.
Unless specifically set out in the EPOA, avoid making gifts.
Exercising their power honestly and with reasonable care.
Abiding by general and health-care principles.
If more than one attorney, consult with each other or act jointly in making decisions on your behalf.

In the event you are no longer able to make decisions for yourself, and there are concerns about the actions of your attorney, the courts and the Adult Guardian have the power to protect your interests.  While you are still able to make decisions for yourself, you are able to change or revoke your EPOA.
Much like your executor, you should ensure your attorney is someone you trust.
Your attorney can also not be bankrupt or your paid carer or health care provider.
Get in touch with us
If you have any questions in relation to your Will or EPOA, or wish to arrange an estate planning appointment, please contact Turner Freeman Lawyers’ Wills and Estates Team on 07 3025 9000. Jenna Hutchinson and Laura Hagan practise exclusively in Succession Law and would be happy to have a chat with you.
The post Planning for your estate planning meeting appeared first on Turner Freeman Lawyers.

This year’s theme of ‘Making your wishes known’ is a gentle reminder to Queenslanders about the importance of making or updating your will, setting up a legal enduring power of attorney and establishing advanced health plans.
Turner Freeman Lawyers Wills & Estates Department supports the efforts of the Public Trustee and Queensland Law Society to raise awareness of the importance of wills and advance life plans as part of Queensland Wills Week 2020.
For those interested, this year’s COVIDsafe, digital Queensland Wills Week will be held from 5 to 12 September and aims to educate the community about these important life plans (see the Wills Week website for more information).
We are here to help
Turn to Turner Freeman for you estate planning needs. If have any questions, or wish to discuss your will and advance life plans, please contact our Wills and Estates Department on (07) 3025 9000. Our Wills and Estates Team practise exclusively in this area of Law and will discuss the matter with you on an obligation free basis.
The post It’s Queensland Wills Week appeared first on Turner Freeman Lawyers.

Unfortunately, many physically injured workers are diagnosed with secondary/ consequential psychological injuries such as anxiety and depression. This is as a result of the significant impact that their injury has on all aspect of their life, not just their employment.
Injured workers are not only suffering from decreased income but also chronic pain, limitations in what they can do around the house and yard, loss of hobbies, unable to look after children or grandchildren as they could before the injury, difficulty sleeping because of chronic pain and uncertainty about the future.
If an injured worker does experience psychological symptoms, they should speak to their general practitioner to include these on their Certificates of Capacity. The workers compensation insurer will pay for the required related treatment to manage the psychological condition. Also, if the injured worker experiences incapacity or partial incapacity as a result of their secondary psychological injury, the insurer is liable to pay the required weekly payments.
A secondary/ consequential injury is not assessed by the workers compensation insurer in the same way that the initial/primary injury is. The workers compensation insurer only needs to assess that the psychological injury “results from” the workplace injury.
At times, the workers compensation insurer and claims manager can be difficult about accepting liability for secondary psychological injury or the recommended treatment. The lawyers at Turner Freeman are able to assist in responding to these difficulties to ensure that you get the help you need as soon as possible.
The post Consequential psychological injury appeared first on Turner Freeman Lawyers.

On Friday, 28 August 2020, there were media reports of a pregnant woman from Ballina in northern NSW having lost her child due to a delay in providing her with medical treatment that may have saved her unborn child.
We do not fully understand the relevant facts of the woman’s clinical presentation or the circumstances surrounding the events that resulted in the death of her child. However, as we understand it, the woman presented with a medical emergency that required urgent treatment.
The woman was denied access to Queensland where she was likely to have received timely treatment. As a result, she had to wait for 16 hours for a flight to Sydney in order to be admitted to a Sydney hospital where she finally underwent emergency surgery. Sadly, it was too late for her unborn child.
While we appreciate that we are living in unprecedented times, in our view, it is inexcusable to deny a pregnant woman urgent medical care, particularly when the life of her unborn child is threatened, as it clearly was the case here. We are deeply saddened by the death of this child, which is an unimaginable loss that no mother should endure, particularly in circumstances where it may have been avoidable. Unfortunately, in our experience, this is not an uncommon occurrence. We have seen several unborn children lose their lives as a result of inadequate medical treatment and the effects of that trauma on families is devastating. The circumstances of each case are different but there seems to be a common element and that is the failure to appreciate, and adequately investigate, maternal concerns in relation to the wellbeing of the foetus.
Our Medical Negligence Team have assisted several families in pursuing their legal rights to compensation. We understand that no compensation would remedy the great loss of a child but we hope that through the payment of compensation, medical service providers reflect on their practices and protocols and implement appropriate measures to avoid such tragedies from occurring in the future.
The post Baby dies after pregnant mum turned away from Queensland border appeared first on Turner Freeman Lawyers.