Gerard Morson featured on 2GB discussing workers compensation claims -1 May 2021

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CS-Chris Smith/GM – Gerard Morson /C1,2,3, etc – Callers

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Read the transcript below:

GM      Morning Chris, thanks for having me. 

CS       Good to have you with us, now an email here from Peter, I have heard there have been changes to the motor accident compensation scheme, if I’m injured can I still make a claim?

GM      The answer is yes, all injured motorists whether they’re at fault or not or how severe their injuries are, are all entitled to wages and medical expenses covered for the first 6 months following an injury and if the injury is severe and they’re not at fault or not mostly at fault, they can make further claims after that and they should certainly talk to a lawyer if they have been injured in a motor vehicle accident.

CS       Okay, alright, Lewis, I work for a labour hire company but was injured at a factory can I make a claim? So I guess he’s referring to somewhere outside of his premises.

GM      The answer is yes, he can make a worker’s compensation claim against employer, the labour hire company who will be obligated to pay your wages and medical expenses, there also might be a further claim against the occupier or the host lead employer of those premises of the factory where you were injured, so again it depends on the exact circumstances of your injury but if your labour has been contracted out to a factory, you have a worker’s compensation claim against the labour hire company and there may be a further claim against the factory or occupier where, who was responsible for the injury where you were injured.

CS       Okay, and Kaylee has a question, I twisted my ankle at my friend’s house on the weekend and have done ligament damage to my ankle and I need an operation. Am I able to make a claim against them or do I have to sue them?

GM      You can make a claim, no doubt the medical questions being prompted by some pretty significant medical fees and time off work that you are confronted with, you can make a claim against the occupier of the premises if the hazard wasn’t an obvious risk to you and there was a pothole in the backyard in the grass that you couldn’t see and the ankle has been twisted then certainly a claim could be made, the idea is to contact the person that you attended on at the BBQ, ask for their public liability insurance details or their house and contents insurance details which contains that public liability insurance and that should be able to help you out.

CS       Okay so through public liability alright, hopefully that helps Kaylee handle that situation. Gerard thank you very much, very informative as usual.

GM      Thanks for having me, Chris.

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