A DECEASED Australian woman has won nearly half a million dollars in
compensation based on her claim that 20 years of washing asbestos-laden
clothes gave her cancer.
The Asbestos Diseases Foundation of Australia announced Monday that a
New South Wales state tribunal awarded Sydney resident Margaret Dawson
550,000 Australian dollars last week in her suit against a building materials
giant.
The payout included AU200,000 (145,000) for her unpaid work looking after
her grandchildren, paving the way for other care workers to seek compensation.
The 64-year-old lost her battle with mesothelioma, an asbestos-related
cancer, eight months ago. Her husband and father both worked for James
Hardie Industries, once Australia’s largest asbestos maker. — Sapa-AP
WCV's: You go girl ! Your strength was amazing !
Showing posts with label NSW legislation. Show all posts
Showing posts with label NSW legislation. Show all posts
Tuesday, 14 April 2009
Friday, 2 January 2009
NSW - Substancially Increases Dependents Benefits.
Written By: Terence O'Riai - A WCV's reader
This may not be a Xmas gift but some relief for those who are thinking of
loved ones over Xmas and New Year.
Surprisingly the NSW government has recently increased the no fault lump
sum benefit to dependants of injured workers.
The benefit was $331,250 but has been increased it to $425,000 which is
very good. A claim can be made again for the difference if you have already
made a claim. It allows the lump sum benefit to be paid to a worker’s estate
where the deceased leaves no dependants.
This is a very good reason to make sure any worker should have a will.
If a worker without children or spouse dies without a will it is expensive and
difficult to have a court administer an estate.
A will can direct payments to those who the worker has made up his or her mind
as needing it. Eg a brother or sister with a disability or parents.It ensures too
that weekly payments to a dependant are not reduced because of partial
dependency. However, partial dependency may still be taken into account
when apportioning the lump sum between multiple dependants.
These workers compensation reforms are retrospective and apply to deaths
that occur on or after 24 October 2007, and are as a result of workplace injuries
that occurred on or after 30 June 1987. It is possible for those who have
already claimed to claim a top up benefit.
Remember too that in some cases there may have been negligence in how
the worker died who earned a great deal more than the no fault benefit.
If that is so then a claim for damages may be possible too at common law.
There are caps though.
I am an avowed opponent of what NSW has done to injured peoples' rights
but this is a definite step in the right direction.
WCV's: Your right Terrence it is a step in the right direction! It is good to see
that some injured workers and their families are being care for appropriately.
We would like to see more of this behaviour from all State Governments and again
it just goes to show, how much we need a Federal Workcover System that would
provide the same levels of care to all injured workers nationally.
The variances experienced in this legislation from State to State is utterly
ridiculous and extremely unacceptable.
We here at Workcover Victims question the Federal Governments reasoning for not
having a operational federal workcover system working now?
They have had review after review which has cost us millions and we still
don't have a system that works!
The Government needs to get there acts together and stop all the wasted review
money and time and develop a program that works and actually protects the
workers of Australia as it was originally designed for.
This may not be a Xmas gift but some relief for those who are thinking of
loved ones over Xmas and New Year.
Surprisingly the NSW government has recently increased the no fault lump
sum benefit to dependants of injured workers.
The benefit was $331,250 but has been increased it to $425,000 which is
very good. A claim can be made again for the difference if you have already
made a claim. It allows the lump sum benefit to be paid to a worker’s estate
where the deceased leaves no dependants.
This is a very good reason to make sure any worker should have a will.
If a worker without children or spouse dies without a will it is expensive and
difficult to have a court administer an estate.
A will can direct payments to those who the worker has made up his or her mind
as needing it. Eg a brother or sister with a disability or parents.It ensures too
that weekly payments to a dependant are not reduced because of partial
dependency. However, partial dependency may still be taken into account
when apportioning the lump sum between multiple dependants.
These workers compensation reforms are retrospective and apply to deaths
that occur on or after 24 October 2007, and are as a result of workplace injuries
that occurred on or after 30 June 1987. It is possible for those who have
already claimed to claim a top up benefit.
Remember too that in some cases there may have been negligence in how
the worker died who earned a great deal more than the no fault benefit.
If that is so then a claim for damages may be possible too at common law.
There are caps though.
I am an avowed opponent of what NSW has done to injured peoples' rights
but this is a definite step in the right direction.
WCV's: Your right Terrence it is a step in the right direction! It is good to see
that some injured workers and their families are being care for appropriately.
We would like to see more of this behaviour from all State Governments and again
it just goes to show, how much we need a Federal Workcover System that would
provide the same levels of care to all injured workers nationally.
The variances experienced in this legislation from State to State is utterly
ridiculous and extremely unacceptable.
We here at Workcover Victims question the Federal Governments reasoning for not
having a operational federal workcover system working now?
They have had review after review which has cost us millions and we still
don't have a system that works!
The Government needs to get there acts together and stop all the wasted review
money and time and develop a program that works and actually protects the
workers of Australia as it was originally designed for.
Monday, 14 July 2008
Workplace Bullying Case
The NSW Court of Appeal recently held a company to be vicariously liable for
the harassment and extreme bullying perpetrated on a labour hire employee
by its Fire and Safety Officer. The trial judge had found that the perpetrator’s
conduct was “so brutal, demeaning and unrelenting that it was reasonably
foreseeable that, if continued for a significant period of time ... it would be likely to cause significant, recognizable psychiatric injury”.
A damages award of $1,946,189.40 was upheld. In this case, Justice Basten
and Chief Justice Spigelman did not consider that vicarious liability for the
Fire and Safety Officer should be imposed on the labour hire company.
(Source: Accessed 9th March 2008)
Nationwide New Pty Ltd v Naidu & Anor; ISS Security Pty Ltd v Naidu
and Anor [2007] NSWCA 377 (21 December 2007)
the harassment and extreme bullying perpetrated on a labour hire employee
by its Fire and Safety Officer. The trial judge had found that the perpetrator’s
conduct was “so brutal, demeaning and unrelenting that it was reasonably
foreseeable that, if continued for a significant period of time ... it would be likely to cause significant, recognizable psychiatric injury”.
A damages award of $1,946,189.40 was upheld. In this case, Justice Basten
and Chief Justice Spigelman did not consider that vicarious liability for the
Fire and Safety Officer should be imposed on the labour hire company.
(Source: Accessed 9th March 2008)
Nationwide New Pty Ltd v Naidu & Anor; ISS Security Pty Ltd v Naidu
and Anor [2007] NSWCA 377 (21 December 2007)
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