Philip Ferraro featured on 2GB discussing personal injury claims - 31 August 2021

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DK – Deborah Knight/PF – Philip Ferraro/C1,2,3, etc – Callers

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Read the transcript below:

DK      And it is thanks to our good friends at Turner Freeman Lawyers, we’re talking today personal injury and the open line number is there for you, 131 873 if you’ve got a question, a query, maybe you’ve suffered from an injury while you’ve been out and about within your local government area or in Queensland out ad about beyond. Maybe you were hurt at the shops or while you were picking up a take away meal from many of the cafes and restaurants delivering the meals that way or something’s happened to you while you’ve been at the workplace, if you’re an essential worker. If you’ve got a question 131 873 is the number to call and as always we’ve got our $100 Westfield voucher for the caller who does ask the best question during our legal matters segment. Philip Ferraro from Turner Freeman is on the line for us now to answer your questions, Phillip welcome to afternoons.

PF       Good afternoon Deborah, thanks for having me on.

DK      Now some interesting stories in the news lately about personal injury related topics and Tim Farris of INXS fame has claimed to be unsurprisingly depressed after his finger, his left ring finger was severed in a boating accident and it sort of raises the question when it comes to personal injury claims, how often are they based on the impact on people’s mental health, leaving people severely depressed because of an injury that they’ve suffered.

PF       I would say more often than not Deborah in my experience. A claim for either a primary psychological injury which would be arising from say bullying or exposure to trauma happens quiet often but there’s also very frequently a reactive psychological condition which is where someone has an injury and then the injury impacts their life significantly and they develop a psychological condition and then in some cases there’s unfortunately both which from my reading of the reports of Mr Farris’ case appears to have occurred here.

DK      Yeah, and it’s ongoing the case of course, but I suppose for someone like him or anyone really if what is the injury related to their ability to do their work and from his point of view be able to play the guitar, it’s pretty crucial if he loses a finger. Does that dictate or does that have some impact on the amount of compensation you might be accessible, might be able to access?

PF       Certainly, the finger injury that Mr Farris sustained it’s likely to result if he’s successful on the liability issues in significant compensation. One element of the claim is the claim for past and future economic loss and as a guitarist that’s likely to be significantly hampered and there’s also a flow on effect because I imagine Mr Farris would count music as a big part of his life and if he’s not able to do that, he’d also have that considered in an award or a payment for general damages or pain and suffering.

DK      Yeah, we’ll see what the outcome from that is, it’s an interesting case. Let’s get to some calls, 131 873 if you’ve got a question for Philip Ferraro from Turner Freeman Lawyers. Les is on the line, hello Les.

Caller No 1     Les

C1       G’day how are ya?

DK      Yeah, well thank you.

C1       I just want to know, I’m doing a project on my own, a renovation and I’ve erected a fence, you hear so many people say, you can get sued what have you, I’ve erected a fence made out of concrete steel reinforcement mesh, welded the posts and the fence is 7 feet high with locked gates and I’m in the process of covering it with shade cloth and out the signs up. if somebody broke through it and that, would they still have a right or…

DK      So if they injured themselves would you be liable I guess is the question.

PF       Look I’d certainly wouldn’t rule it out, it sounds as though you’d done your best to secure the area as much as you can but I certainly wouldn’t rule out the possibility that someone who enters the structure and suffers an injury  could bring a cause of action, so…..

DK      So what could you do in that situation then Philip, to protect yourself?

PF       Well taking out insurance would be one step and then I suppose you would have to ensure that whatever construction you’re done is compliant with the relevant standards of safety council guidelines etc. But even then it would be perilous not to have a policy of insurance to cover yourself for a situation in case someone is injured.

DK      There you go Les, good advice to take on board. Peter also has a question for you today. G’day Peter.

Caller No 2     Peter

C2       G’day Deb, how you going?

DK      I’m good mate, thank you.

C2       Just wondering my wife basically in 2015 she developed fibromyalgia at her job, which means everything is starting to go to waste and ruin on her, she can barely get out of bed these days, she struggles. She was paid out, it was a pretty low payout they just wanted to get rid of her, and then I started paying into her super account but about 3 years ago I stopped because I just couldn’t afford it, one low wage to keep paying into her super to keep it going, will she be able to claim her super now that she can’t work anymore? How hard is it to do that, we’ve been jumping through hoops trying to get anywhere with them.

PF       Well, look she may well be able to claim her super balance and in addition depending on the policy she may have access to an insured benefit for her being unable to work, so if you could, I’d be happy to take your details and look into the issue for yourself and your wife.

DK      Alright stay on the line Peter and we’ll pass on that info to Philip and see if we can follow up for you. This other case that was in the news too, Philip about a family who’s won the first round of a worker’s compensation battle because a man died from covid while travelling overseas on a work trip. What are your rights if your workplace does send you on a trip, possibly into a situation that can be dangerous and you are injured or you do suffer as this person has in this terrible outcome, someone has died, how likely is it that you would have a case?

PF       I think it’s generally speaking it’s very likely. The fact you’re on a work trip doesn’t mean you’ll be covered by worker’s compensation for any injury that occurs during the work trip, what the Court or the Commission will look at is whether the activity was encouraged or induced by the employer. In this case it was found that Covid-19 was contracted either on the flight to the United States or on the first day of arrival, so this was very clearly a business trip, so the family of this man who’s sadly passed away were able to succeed in the claim, had the injury happened say, if the worker had been catching up with a friend during a work trip with no connection to his employment then the outcome may have been different, so it will depend on really on how connected it is to the employment activity, but generally speaking if there’s a work trip and you’re injured on the work trip you should certainly investigate bringing a claim.

DK      Yeah, good advice. Good on you, Philip, thank you so much for joining us.

PF       Thank you very much.

DK      Philip Ferraro there and he is one of the team from Turner Freeman Lawyers and the team provides a range of specialised legal services including compensation and negligence law, asbestos litigation, superannuation and disability claims, employment law, wills and estates and property law and if you want to get in touch with any of the team they’re fantastic lawyers, Turner Freeman, their website is turnerfreeman.com.au or just give them a call 13 43 63.