If a previous injury or condition is made worse by your working activities, then the answer is “yes” – you should claim work cover! Aggravation claims Whether your claim ought to be accepted will ultimately come down to the medical evidence, and whether an ‘aggravation’ can be established. Too often we see ‘aggravation’ claims rejected by Comcare and self-insured entities, labelling workers as having ‘pre-existing condition(s)’ that are nothing to do with employment. When we dig a little deeper it is often quite obvious that the opposite is true. An aggravation within the realms of Comcare and ..read more

When you are involved in a motor vehicle accident (MVA) of any kind, your whole life can change in a moment. If you have an injury that resulted from the driving of a motor vehicle, whether those injuries be physical or psychological, you may have a personal injury claim against the insurance Commission of WA (ICWA). When might I have an MVA claim? MVA claims cover more than just accidents involving cars – they cover any ‘vehicles’ including bicycles, motorcycles, buses and trucks. Here are some examples of the circumstances that may result in you being injured in a motor vehicle accident and ..read more

Even if you were not a driver or passenger of one of the vehicles involved in an accident, you may still be entitled to make a claim for compensation. When we think of motor vehicle accidents and the claims that arise as a result of them, we often come to the conclusion that they can only involve motor vehicles and only those who were in the cars as the drivers or passengers can claim. This is simply not the case. In the past, the majority of compensation claims submitted typically concerned two motor vehicles colliding. As motorbike riding and cycling have continued to grow in popularity in W ..read more

Late last week, the Supreme Court of Appeal handed down a decision on two matters heard concurrently, that set an important precedence for injured workers in South Australia seeking a lump sum payment under the Return to Work Act 2014 (SA) (The RTW Act). TGB Lawyers acted for Mr Williams, the successful appellant in one of the two matters the subject of the appeal. The impact This decision impacts how broad an interpretation should be given to the concept of impairments ‘from the same injury or cause’ under sections 22 and 58 of the RTW Act. The impact of this decision has in effect broadened ..read more

For more than 25 years, I’ve been on the frontline, assisting veterans and Australian Defence Force (ADF) members in their quest for a Gold Card from the Department of Veterans’ Affairs (DVA). A question that I’ve been asked many times is whether having PTSD is the golden ticket to obtaining a Gold Card. The picture isn’t that clear cut, and I thought it would be useful to shed light on the journey veterans take to secure the benefits they rightfully deserve. Dispelling the Myth: It’s Not Just About PTSD! Let’s debunk the biggest myth upfront – a Gold Card isn’t exclusive to those grappling wi ..read more

If you have been injured in a motor vehicle accident in Western Australia (WA) and can’t return to work, you may be eligible to claim compensation for loss of income or earnings. Your incapacity to work may result in a loss of earnings and could be claimed for under motor injury insurance. According to the ICWA annual report for 2023 the major component of compensation paid to those injured on the road was for lost income, it amounted to about 41% of the overall compensation paid in that year alone. When you have been involved in a motor vehicle accident in WA and have suffered physical and/or ..read more

  Can I make a psychological injury claim after a Motor Vehicle Accident in Western Australia?  In short, yes you can. If you have been involved in a motor vehicle accident in Western Australia (WA) that wasn’t your fault—i.e. it was caused by the negligent driving of another driver—and you have suffered a psychological (mental) injury as a result, you can make a claim for compensation. You can make a claim for injury insurance even if you have not suffered a physical injury and you have only suffered a psychological injury. Our specialist motor vehicle accident lawyers in Perth are ..read more

When filing a Comcare claim, individuals expect to receive the support and compensation they deserve for work-related injuries or illnesses. However, there are instances where Comcare claims are denied, leaving claimants confused and frustrated. It’s essential to understand the common reasons for Comcare claim denials, as this knowledge can help individuals navigate the claims process more effectively and improve their chances of a successful outcome. Insufficient or Inconsistent Evidence One of the primary reasons for claim denial is the lack of sufficient or consistent evidence to support t ..read more

First responders play a vital role in society, and it is not unusual for them to face life-threatening situations and significant trauma as part of their work. Under current legislation, making a work injury claim related to post-traumatic stress disorder (PTSD) can be a daunting and stressful process. However, recent developments in the Commonwealth Parliament signal a positive change for these dedicated individuals. We will take a dive into the proposed “Closing the Loopholes Bill” which has the potential to simplify and streamline PTSD claims for certain Commonwealth first responders. The C ..read more

Being involved in a motor vehicle accident is unexpected, and can be a terrifying experience which can have significant financial and emotional consequences for you and your family.  Obtaining medical attention should be your first priority.  There are, however, important steps you must take to comply with legislation and protect your rights, as TGB lawyer Tim White explains. This article deals briefly with the most vital steps to take in the initial phase following being injured, as they can have a significant impact on the overall outcome you may achieve with your claim for compen ..read more