Food Poisoning Claims
What is Food Poisoning? Food poisoning or foodborne illness refers to any sort of illness that comes about from contaminated food. Often, the cause of foodborne illnesses comes from bacteria, viruses, toxins, or parasites contained within the food. Food poisoning will present itself most commonly in symptoms such as nausea, vomiting and diarrhea, but can also include chills, dizziness, fatigue, pain in the abdomen, cramps, headache and more. In more serious cases, you may end up hospitalised because of your food poisoning. I Think I’ve got Food Poisoning from a Restaurant: What Can I do? If you have fallen ill after eating at a restaurant, you have some options regarding your next steps. The best thing to start with is to try and determine the source of your infection. If you think that it’s possible that your illness stems from something that you incorrectly prepared yourself, you may just need to be more careful in the future. An example of this could be last night’s leftovers that were in the fridge a little too long, or an undercooked chicken breast. If you’ve run through your potential sources of food poisoning and feel confident that it came from a restaurant or takeaway place, you should begin recording details of your experience. Track down any others that ate at the restaurant such as friends or family to see if their experience is the same. Keep any photos of the food you have and keep a record of any medical expenses you’ve had. Then, you can contact a public liability lawyer such as the experts at Personal Injury Helpline for more information about claiming compensation. Food Poisoning Compensation Under public liability laws in Australia, restaurants that serve contaminated food can be found to be liable to pay damages to those that fall ill from their food. If a restaurant serves you food that fails in the duty of care that they have for their patrons, they may find themselves in some hot water. How to Prove Food Poisoning from a Restaurant? In assessing a case of food poisoning, there is a major challenge in proving that the source of your illness or contamination came from a particular restaurant. As you can imagine, timelines are not always crystal clear, and a person will consume multiple things from multiple sources within the space of a single day. This is one of the reasons as to why it can be easier finding the source of infection when there are multiple cases of food poisoning. If the stricken people are related in any way, it can be easier to narrow down the potential source of their infection. Proving liability in a food poisoning compensation claim requires some careful investigation into both the sick person’s condition and the suspected source of the illness. Analysing body waste and the suspected source of contaminated food will provide more clarity to this point. In food poisoning compensation cases, most of the difficulty lies in proving that your case is valid. With a team of experts by your side, you can give yourself the best chance at success. Contact Personal Injury Helpline for more information today.
Can An Employee Claim For Psychological Injury?
The Duty of Care that your employer has for you and the other workers employed by them includes keeping you out of any undue harm. The most obvious result of negligence in this arena comes in the form of a physical injury, but this also applies to psychological injuries that you sustain because of your employer or workplace. As a result of this, sustaining a mental or psychological injury at work means that you can be eligible for a workers’ compensation claim. Psychological Injury Payouts in Queensland Psychological injury payouts are calculated on a similar basis to physical injuries payouts for workers’ compensation claims. The psychological injury payouts you receive in Queensland intends to compensate you for the losses you have incurred. These include: Psychological Injury Examples Psychological injuries that are commonly sustained by workers involved emotional or cognitive troubles. Every case is different, and psychological injury is not often as clear cut as a physical injury, but the symptoms can often present themselves in similar ways. Some common ways that psychological injuries present themselves are in raised levels of anxiety, stress, depression, or post-traumatic stress disorder. Causes of Psychological Injury to Workers The psychological injury must be tied to workplace events. They must come about because of negligence on the part of your employer to facilitate a claim. Workplace Bullying & Harassment Workplace harassment is a common cause for psychological injury, as workers no longer feel comfortable in the working environment that they are being placed in. Bullying, intimidation, or harassment can come from people in positions of power, but this is not always the case. It is still your employer’s responsibility to provide you with an environment free of undue psychological stress. Stress Stress can come from several triggers, both internally and externally. Maybe your workload or responsibilities have increased significantly, and you have not been given access to the proper resources to help you to manage your work. If you are finding yourself unable to relieve work-related stress and your employer has caused this through negligence, you may be able to claim workers’ compensation. Overworking & Exhaustion Shift workers working longer hours are very prone to feeling overworked and mentally exhausted. This can contribute to psychological injuries such as depression and more. Also, this can come about because of changed working conditions where workers’ responsibilities have been changed. Some workers may end up having to contribute more to make up for missing or terminated employees, contributing to mental exhaustion. Dangerous Working Conditions Dangerous working conditions can play into anxiety and feelings of elevated alertness, where workers don’t feel comfortable and safe in their daily working environment. Workers in higher-risk occupations may find themselves mentally suffering because of dangerous working conditions. Job Insecurity Often during times of economic instability, companies find themselves forced to restructure and lose workers to save on cost. The mental wellbeing of workers with an uncertain future can be tested in times like these! Other Workplace Injuries Your psychological injury could even be the result of another workplace injury which has negatively affected your mental health. You may be finding it difficult to adapt to not working or your new way of living, which is affecting your mental wellbeing. If you’ve suffered a psychological injury because of your workplace, you may be able to claim workers’ compensation. At Personal Injury helpline, we’re experts in compensation claims. Contact us today for a free claim assessment!
What Happens If Someone Is Injured On My Property?
As an owner of a private property, you may be a little confused about your liabilities in the event that someone is injured while on your premises. For example, what if a tradie or handyman is injured on your property, would you be liable for a lawsuit? The team at Personal Injury Helpline provides a brief explanation. Liability for Persons Injured on Your Property Your duty of care as a private property owner is similar to how it is in many other cases, for example, the duty of care that an employer has for their employees. Essentially, your duty of care for the people that are entering into your property includes not putting them into a situation with any foreseeable danger. You need to have taken reasonable steps to keep each visitor to your property free from injury. This extends to all visitors of your property, which may include friends, family, and workers. Tradies, handymen, nannies, gardeners, and cleaners are some other examples of people that may come to our house, all of which fall under your duty of care. While these people are working on your property, they are not exempt from the duty of care you provide. If a person injures themselves on your property, you could be liable. The situation is often not as simple as it has been laid out here. For example, in renovations and large-scale construction work, there is often multiple parties involved and can be a tricky situation to navigate. This may mean that more than person could be liable. Home Insurance Policies and Private Liability If you have taken out a home insurance policy for your property, you may be covered for legal liability as part of your policy. Whether or not this is covered as part of your policy, as well as how far that stretches will differ with each provider and policy. For example, the legislation around employees, contractors and workers being injured on your property can be difficult to navigate. Workers’ Compensation or Personal Injury? Workers that come to your house, or people who are employed by you may not be covered by your home insurance policy. This is because they are covered under workers’ compensation legislation, and you are their employer. In this case, you may be found liable if they are injured and your home insurance policy will not be able to provide cover. Contractors that are employed by a separate party are a little different and may be covered under their own or their employer’s workers’ compensation policy. So, If Someone is Injured on Your Property, Are You Liable? There really is no short answer to this question. Each case is unique, with its own specific fact and details. Assigning who was at fault for the accident or injury plays a large part in whether you are found liable. Preventing Liability on Your Property If you have taken the proper steps to ensure that no one will be injured on your property, this may not be something that you will ever have to worry about. If you want to play it safe, make sure that you are staying on top of all your necessary home maintenance, and all visitors to your property are warned of any hazards that may be present. In this way, you can take some practical steps to protecting yourself from liability for injury. Additionally, it will also beneficial for you to contact your insurer to confirm the coverage of your home insurance policy. At Personal Injury Helpline, we’re experts at navigating the tricky claims process associated with personal injury claims. For more information, contact us today!
Injuries From Defective Products
Defective Product Injury Claims Defective products are something that every manufacturer seeks to avoid, but they are still a relatively common occurrence. This defect may be caused during manufacturing, shipping or anywhere along the supply chain that eventually leads to the consumer. This often leads to the product not functioning as it is intended and causing issues. In more serious cases, where a consumer is injured because of a defective product, it can also be the cause of expensive personal injury claims. As a result of a product not functioning correctly, it is entirely possible that you as a consumer could be injured. An example of an injury from a defective product could include gym equipment that fails and causes injury to the user. This begs the question, what would be your next step in claiming public liability compensation from a defective product? Proof of Negligence When making a defective product liability claim, negligence must be proved. This may be through a formal inspection by a third-party engineer. In some cases, this inspection can prove by way of probability that the failure of the product was not the fault of the manufacturer or other parties involved but the user. In this case, the defective product claim is invalid. In cases where the user was not at fault, this process is very useful in determining which party is responsible for damaging the product and causing the injury. As you can imagine, the manufacturer of the product is not the only party involved in the full supply chain. Liability for Defective Products Using the gym equipment example, the defective product may have had its defect caused during manufacturing, transit, wholesale and more. This varies on a case-by-case basis. In many cases these are handled by separate parties, so determining liability is important. Consumers are protected under Australian law, meaning that liable parties can be claimed against if they are found to have failed in their duty of care. Defective product liability claims can be applied where you have bought the product for your own personal use, but also in situations where someone else has bought the product. For example, if you are injured by a faulty product in a restaurant (such as a broken chair or something of that nature) you may be still eligible for a product liability claim. In this case, the claim may be brought against the owner of the defective product. Contaminated Fruit Case Study In September of 2018, needles were found within punnets of strawberries and other fruit in Queensland and larger Australia. Over the course of the next few months, roughly 100 cases of contaminated fruits were reported. Multiple people were injured, spending time in hospital with abdominal pains. The needles were eventually found to have been placed in the fruit by a disgruntled farm supervisor. This case is a great example of where multiple parties were involved in the eventual sale of contaminated products to consumers. While the culprit ended up being determined as being related to the supplier, there were several other parties involved including transit companies and the eventual retailer that could have potentially been found to have been at fault for injuries sustained. Overall, defective goods and products are an unfortunate outcome, especially when they result in injuries. In Australia, there is legislation to provide those that are injured with compensation so that they can focus on their recovery. If you are unsure of your eligibility for a product liability claim, contact the experts at Personal Injury Helpline. We offer free claim assessments!
What To Do If You’re A Cyclist Involved In A Hit & Run
Experiencing a collision while on your bicycle can be shocking and scary. It can be even more confusing when the other vehicle flees the scene. If you’re a cyclist involved in a hit and run, it’s important to know what to do following the accident, especially if you wish to make a cycling accident compensation claim. By following these steps after your incident, you can improve your chances of having a successful outcome and achieving the compensation you deserve. Immediately report the incident to the police The best way to find the person responsible for your accident is reporting it to the police. If police don’t attend the scene of the accident, call up or go to a station and make a statement. Even if you don’t have a description of the driver or a licence plate number, the police have resources that can investigate this information to support your personal injury claim. Even if the driver can’t be located by the police, you will almost always need a police report to present to your insurance providers. While it’s best to report your accident to the police as soon as possible, it’s never too late to initiate an investigation with the police if you’ve overlooked this step. Inform your insurance providers as soon as possible Get in contact with your vehicle and health insurance providers as soon as you can. Depending on where you live and what insurance company you’re with, you may be legally required to report the accident within a certain timeframe. This could be within 24 hours or a week, so be sure you don’t leave it too late. If you’re unsuccessful in your personal injury compensation claim, pursuing a claim against your vehicle insurance policy could be the only source of compensation for your accident. Your insurance policy rates shouldn’t go up if you’ve been involved in a hit and run where you’re not at fault, so don’t let increased rates deter you from informing your insurance providers. Gather witness statements The driver may have fled the scene, but if other people were there to witness the incident, their support can be very useful for the police investigation. Be sure to get their contact information and statements while the events are still fresh in their minds. Hit and run witnesses are generally cooperative and want to help the victim. Get as many witness statements as possible to support your case. Visit your doctor, even if you’re not in pain Even if you’re not experiencing any immediate pain, you need to be examined by a medical professional. After an accident, your body will most likely be experiencing shock and adrenaline. It may take a day or two to feel the symptoms of injuries. It’s even better to have an ambulance on the scene to check you out, but if not, get to your doctor as soon as possible. You will need your injuries documented by a doctor to support your compensation claim. Seek professional medical assistance as soon as you can to get the treatment and documentation you need. And remember: if your doctor advises you to avoid riding your bike for a while, don’t hit the pedals before you’ve given yourself time to heal. Get your bike checked out Once you’ve taken care of yourself, take your bike to be inspected before you hop back on. Even if it looks like it hasn’t taken much of a hit, your bike could have a hairline crack that’s naked to your eye. This could lead to dangerous consequences and more injuries down the track if it doesn’t get fixed or replaced. Make sure your bike is in top condition and safe to ride again by taking it to the manufacturer or a bicycle repair shop. It’s important to remember that you need to replace your helmet every time it takes an impact, even if there is no obvious damage. If you hit your head in your accident, your helmet is no longer considered up to safety standards to protect you next time. Seek advice from an experienced cycling accident compensation lawyer You’ll need to get in touch with a personal injury lawyer to discuss whether you have grounds to proceed with a case. You should provide your lawyer with as much information as possible. This will allow them to determine whether you are entitled to compensation and even estimate an amount you could receive if your claim is successful. When it comes to seeking legal advice after your accident, choose the personal injury specialists who are experienced in claims dealing with cycling accidents. Personal Injury Helpline can give you access to personal injury lawyers who specialise in bicycle accident claims on a no win no fee basis. Call us on 1800 435 754 to discuss your situation, or fill out our online form to receive free, no-obligation advice from our personal injury experts.
Top 5 Most Frequently Asked Questions About Workers’ Compensation
If you’re the victim of a work-related injury or disease, you might be eligible to claim workers’ compensation for your losses. Accidents occur in the workplace all the time. Workers’ compensation protects victims of work-related injury or disease, ensuring they receive damages for their medical expenses and lost income. Personal Injury Helpline gives you access to personal injury lawyers who are experienced in workers’ compensation claims. We know the claim process can be confusing if you aren’t familiar with the area. This is why we provide the answers and the support you need during this difficult time. Am I eligible to make a claim for workers’ compensation? You are eligible to make a claim for workers’ compensation if you: Examples of the kind of injuries or illnesses you might be able to claim workers’ compensation for include: Whether or not you can claim compensation will depend on the individual circumstances of your incident. Not sure if you have grounds to proceed with a workers’ compensation claim? A personal injury lawyer can assess your situation and advise whether or not you are entitled to make a claim. How do I make a claim for workers’ compensation? If you have been injured at work or fallen ill because of your work, you may be entitled to claim compensation from WorkCover, or your employer if they are self-insured. The process for making a claim through WorkCover generally goes as follows: In the case where your employer is self-insured, they will need to lodge a compensation claim on your behalf. You will still need to inform them of the incident immediately and provide a copy of your workers’ compensation medical certificate to build your case. The claims process varies from state to state. A personal injury expert can guide you through the process relevant to your location. What expenses are covered by workers’ compensation? The expenses you receive benefits for will depend on your individual circumstances and where you live. Generally, workers’ compensation will cover expenses including: Some of the expenses workers’ compensation will not cover include damaged clothing or jewellery, damaged vehicle (if the injury occurs during travel) or unauthorised hospitalisation expenses. How much compensation am I entitled to? The amount of compensation you receive will depend on your individual circumstances. Factors that influence the total you receive might include the level of pain and suffering you experience and the impact your injury or illness has on your everyday life. How long does it take for a workers’ compensation claim to be decided? The insurer has 21 days to determine whether or not they will accept liability for your injury or illness. If you are receiving weekly compensation payments, the insurer can prolong this for 12 weeks or until your weekly payments cease. The experts at Personal Injury Helpline can answer all of your questions surrounding workers’ compensation. Complete our online form or call us on 1800 435 754 to discuss your situation today.
The 10 Most Dangerous Roads In Australia
Regardless of where you are driving, there is never a guarantee of safety when you get behind the wheel. However, there are several roads in Australia that are notorious for their dangerous conditions and high rates of casualties. We give you our list of the 10 most dangerous roads in Australia, and the risks to watch out for when travelling them. 1. Bruce Highway, Qld The Bruce Highway is currently considered the most dangerous of all the roads in Australia, and was named in the UK’s Driving Experience’s 22 deadliest roads in the world. 2. Warrego Highway, Qld 3. Great Western Highway, NSW 4. Pacific Highway, NSW/Qld 5. Princes Highway East, Vic 6. Hume Highway, Vic/NSW 7. Great Eastern Highway, WA 8. Forrest Highway, WA 9. Midland Highway, Tas 10. Stuart Highway, NT/SA Unfortunately, motor vehicle accidents can happen anywhere. Fortunately, if you are the victim of an accident or injury that you believe is the fault of another individual or company, we can help you pursue a motor vehicle accident claim to fight for the compensation you may be entitled to. Call us today for answers and advice regarding your situation: 1800 435 754.
State By State: Unique Traffic Laws You Should Know
How well do you really know the road rules in your state? You may have broken these little-known traffic laws without even realising it. Brush up on the most unique traffic laws from around Australia before you next get behind the wheel. Northern Territory Hooning In the Northern Territory, if you are seen or suspected of doing burnouts or damaging the surface of a road or public place, the police can take possession of your vehicle on the spot for up to 48 hours and you can be fined. Queensland Having a Window Gap of More than 5cm If you pop into the shops on a hot day with your window down more than 5cm, you could be looking at a fine. In Queensland, if a driver has walked more than 3 metres away from their vehicle, the engine must be off, the hand brake must be applied, the ignition key must be removed (unless someone over 16 is still in the car) and the windows must be up with a gap of 5cm or less. Not Giving Way to a Horse Under Queensland law, drivers must give way to any restive horse, moving to the side of the road and turning off their engine. Once the horse has passed and the noise and movement of the car cannot upset the horse, the driver can then continue to drive. New South Wales Illegal Use of a Warning Device In New South Wales, using your horn to toot goodbye to your friends or family or when stuck behind a slow driver could cost you $298. Limb Protruding from Vehicle If you have any body part out of your vehicle, including resting your elbow on the window, you can receive a $298 fine and lose three demerit points. Supervising Driver Failing to Prevent a Traffic Breach If a learner driver runs a red light or breaks a road law, and the supervising driver was talking on their mobile phone during the offence, the supervising driver can be slapped with a $99 fine for not paying attention. Cutting in on a Funeral Procession Under NSW law, it is an offence to “interfere or interrupt” any vehicle or person forming a funeral or other authorised procession on a road. This can land you a hefty fine. Western Australia Entering Bicycle Area In Western Australia, cars are expected to steer clear of designated bicycle lanes. Entering a bicycle area at an intersection could cost you two demerit points and a $200 fine. Inappropriate Use of Headlights If you are driving less than 200m behind a car, or an oncoming car is less than 200m away, and you are using your high beams, you can be docked one demerit point and a $100 fine. South Australia Parking Too Close to a Dividing Line According to South Australia road laws, if a driver parks their vehicle on a road with a continuous dividing line or strip, they must park the vehicle at least 3m away from the line or strip, or they could face a fine of up to $120. Hazarding a Person or Vehicle If your car door causes hazard to a person or vehicle by being left open, or while you are getting in or out of your vehicle, you could be fined a maximum of $225. Victoria Improperly Fitted Seatbelt Tucking your seatbelt under your arm or chest can cost you $298 and three demerit points in Victoria. Incorrectly Displaying “L” or “P” Plates In Victoria, displaying “L” or “P” plates when not required (e.g. if the driver is actually fully licenced) is a $141 fine. Tasmania Refusing a Breath Test If you’re pulled over for a breath test in Tasmania and refuse to participate, your licence could be disqualified for up to two years. While some road rules may seem like common sense, others may have you scratching your head. Next time you hit the road in Australia, keep these unique traffic laws in mind to stay safe and out of trouble. If you find yourself involved in a motor vehicle accident that you believe is the fault of someone else who may not be so up-to-date with the traffic laws, get in touch with Personal Injury Helpline today to discuss your options.
How Safe Is Your Workplace?
Workplace accidents can happen anywhere, but by following the correct workplace health and safety protocol, you can prevent unnecessary accidents and injuries. So, just how safe is your workplace? Does your workplace follow the health and safety policies and practices to avoid accident or injury? Or does your workplace need to improve its safety to ensure all personnel are guaranteed a safe working environment? If you find yourself involved in an accident or injury in your workplace that you believe is at the fault of someone else, you may be entitled to compensation. Get in touch with Personal Injury Helpline to discuss your situation today.
Everything You Need To Know About A TPD (Total And Permanent Disability) Claim
Being unable to work due to an illness or injury puts a huge strain on your finances. It can be impossible to keep your household running without that income. If an illness or injury is preventing you from working for three months or longer, you might be entitled to compensation through a Total and Permanent Disability (TPD) claim. What is a TPD claim? A TPD claim, when successful, provides a lump sum payment following an injury or illness that prevents you from returning to work. It is generally paid through your superannuation. Almost every working Australian joins a superannuation fund when starting a job, and most funds offer TPD cover. You may also be able to make a claim through private life insurance depending on your policy. The amount paid in a successful TPD claim differs between each individual. Factors including the severity of your injury or illness will affect the amount you receive as a lump sum. This lump sum is intended to cover expenses such as medical bills and loss of income. Who is eligible to claim compensation for TPD? To be eligible to make a claim for TPD compensation, you need to prove that your illness or injury has stopped you from working and being able to continue working in your job or any other occupation that you are reasonably suited to. You will need to provide medical evidence to support your claim. Types of disabilities that may be covered by TPD include: You are not required to prove that someone else is at fault for your injury or illness. You just need to show that your injury or illness is serious enough to affect your ability to work. How long does a TPD claim take? This can change depending on your individual circumstances. Generally, a TPD claim will take around 1-3 months. You can get in touch with a professional compensation lawyer to get an idea of a realistic timeframe. How to make a TPD compensation claim Through your superannuation: Through a separate insurance policy: If a serious illness or injury is preventing your ability to earn an income, you may be eligible to make a TPD claim. Get in touch with the compensation specialists at Personal Injury Helpline today to discuss your situation.
