‘No Win No Fee’ Legal Advice for AUWU Members

In what circumstances may I be able to bring a personal injury claim, and against who? 

The site and the job agency owe you what is known as a “duty of care” to ensure that you are not injured while engaged in Work for the Dole activities.

You may be able to bring a personal injury claim for damages (compensation) in circumstances where your Work for the Dole site or job agency has negligently caused your injury.

What would constitute negligence?

Each case has its own facts and so the negligence is likely to differ from case to case.

If you have been injured you need to seek legal advice about negligence from Turner Freeman.

What if I have a pre-existing injury and I am injured on the site?

A pre-existing injury may be significantly aggravated by physical activity which may lead to a permanent further deterioration in the injury.  Turner Freeman will examine whether there is evidence available of negligence but also evidence that the further deterioration in the existing injury was caused by the injury on the site.

This is usually done by Turner Freeman obtaining medical evidence so that Turner Freeman can make an assessment, and give you proper advice as to whether the ongoing symptoms are caused by the injury on the site.

What sort of injuries may be the subject of my personal injury claim?

An ongoing injury is more likely to be compensable under most State laws relating to negligence claims, subject to the injury being caused by the negligence of the site or the job agency.

A serious recognisable psychiatric injury that has been diagnosed by a properly qualified medical practitioner and which is caused by negligence by the site or job agency may also be compensable.

Is the law in respect of compensation for personal injuries the same in each State? 

No. The law is different in each State. Turner Freeman have specialist practitioners in each State who may be contacted and can make an assessment in accordance with the relevant laws modified by State by State legislation.

Are there time limits to make a personal injury claim?

Yes. Each state has a time limit in which a personal injury claim can be made, so it is important to seek legal advice from Turner Freeman as soon as possible.

What constitutes Discrimination?

Unlawful discrimination is when the discriminator discriminates against you on the ground of sex, disability, race or age and that has the effect that you are treated less favourably than a person without the relevant attribute would be treated in circumstances that are not materially different.

The above is a very general statement because discrimination can be direct, or indirect and there are statutory requirements (laws) in respect of each type of discrimination for you to make good your claim. There are a number of Commonwealth statutes, including the Disability Discrimination Act 1992, the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, and the Age Discrimination Act 2004.

In addition, each State has its own discrimination statutes which are different to the Commonwealth ones and make unlawful the same discrimination as the Commonwealth statutes, but also make discrimination unlawful on additional grounds not covered by Commonwealth statutes, such as marital or domestic status, homosexuality, transgender, and carer’s responsibilities.

How do I make a discrimination claim?

If you ring Turner Freeman, Turner Freeman can help you make your claim or complaint.

Generally, a complaint is best made to the Australian Human Rights Commission under Commonwealth discrimination laws.

Are there time limits to make a discrimination claim?

Yes. The Commonwealth has a time limit in which a complaint can be brought. Each state also has a time limit in which a complaint can be made. It is important to seek legal advice from Turner Freeman as soon as possible.

Can I make a claim if I have been bullied?

Bullying itself is not necessarily a ground for a claim. However, if the bullying causes a physical or a psychiatric injury it may be the result of negligence, and the answers to the frequently asked question above relating to negligence may apply to bullying.

Bullying may also be grounds for a complaint under the discrimination statutes, but only if the bullying is on the grounds of race, sex, disability or age or under a state statute.

Bullying on its own does not necessarily give rise to a civil, as opposed to a criminal liability.

In Victoria the Crimes Act 1958 was amended in 2011 so that serious bullying in some circumstances may be a criminal offence. The remedy in such circumstances is to make a complaint to law enforcement authorities. The law in Victoria is commonly known as “Brodie’s law”.

What happens when I contact Turner Freeman?

Initially you will be put through to a client services manager in the relevant State who will take your contact details and a brief description of your accident or complaint and pass it on to the relevant lawyer.

You will then be contacted for further information by email or telephone and an initial case assessment will be made. There is no charge for this.

You may then be asked to come in to see a Turner Freeman lawyer for a more detailed assessment. In the event that the lawyer considers that there may be a claim, then Turner Freeman will act for you in investigating and bringing that claim on a “no win no fee” basis.