Frisina Lawyers

08/05/2020

On Wednesday 6 May 2020, Frisina Lawyers in conjunction with well established fine food purveyors, Cucina 105 were proud to provide the healthcare workers at the Emergency Department at Liverpool Hospital with breakfast during the CoVID-19 pandemic. We have upmost respect for all essential service workers and we appreciate their unwavering commitment during these unprecedented times.

24/04/2020

24/04/2020

Frisina Lawyers teams up with Cucina 105 for delivery to Liverpool Hospital ICU

In recognition of the dedication and commitment provided everyday by our frontline workers caring for our community during the CoVID-19 pandemic, Anthony Frisina of Frisina Lawyers, in conjunction with the fine food provided by Angelo Cucchiaro from Cucina 105, were proud to sponsor dinner for the ICU Medical Team of Liverpool Hospital.

09/12/2019

The Court of Appeal has recently decided a matter in favour of an injured worker who required a total knee replacement in the matter of Pacific National Pty Ltd v Baldacchino.

15/06/2018

After 20 years of dedicated service to our firm,one of our valued staff members,Teresa,has today called it a day to spend more time with her young family. We wish her the very best for the future and thank her for her role over the years.

19/06/2017

Limitation on Weekly Workers Compensation Payments

In 2012, amendments to the Workers Compensation Act introduced a limitation to the amount of weekly workers compensation benefits an injured worker may receive.

Generally, an injured worker may only receive weekly payments for a maximum of 260 weeks.

Injured workers who were in receipt of weekly benefits as at the 1st of October 2012 are known as “existing recipients”. Calculation of the 260 week period for existing recipients did not begin until the 1st of January, 2013.

For existing recipients, the end of the 260 week period is fast approaching. Many injured workers will cease to be entitled to benefits by the end of 2017 or early 2018. It is estimated that over 6,000 injured workers will be affected.

To avoid this, you need to have at least 21% permanent impairment.

The Workers Compensation Law allows for only one Medical Assessment Certificate to determine permanent impairment. However an existing recipient who has previously received an impairment rating of less than 21% is allowed to have one further assessment.

If the further Medical Assessment Certificate assesses at least 21% permanent impairment, the 260 week cut off will not apply and the injured worker may continue to claim weekly benefits.

Injured workers are now receiving letters about this from insurers. The letter generally advises workers that they are under 21% permanent impairment, they are reaching the 260 week limit and that weekly payments will come to an end after that time.

If you have received a letter like this from the insurance company, please contact Anthony Frisina at Frisina Lawyers on 9602 4999 as soon as possible. We may be able to help

22/05/2017

Changes to Motor Accident Compensation Scheme

The NSW Government has recently passed legislation in the parliament which overhauls the NSW Motor Accident Compensation Scheme. There will be significant changes to the scheme which will reduce green slip premiums and reduce costs to the scheme in a number of ways.

This is done with the introduction of statutory no fault benefits which the government says will reduce legal costs and the adversarial nature of the scheme as claimants will no longer have to lodge a common law damages claim to get compensation for their injuries.

There is a further reduction in costs by removing access to common law damages for soft tissue injuries and minor psychological/psychiatric injuries. Common law claims will be reserved for claimants with more serious injuries.

A summary of the proposed changes can be found below:

At Fault Drivers

Presently claimants who are to blame for a motor vehicle accident cannot make a claim. However, under the proposed scheme an “at fault driver” may claim income support, medical and care benefits for up to 6 months.

Injured Claimants Not At Fault

Claimants who are not at fault for an accident who have suffered a soft tissue or minor psychological injury can claim limited benefits for income support, treatment and care for up to 6 months.

All other injured claimants who are not mostly at fault will be entitled to additional income support, treatment and care.

Claimants with a moderate injury (above 10% Whole Person Impairment) will be entitled to income support for up to 2 years. However, claimants who make a common law damages claim will be entitled to claim income benefits for up to 3 years.

If a claimant has greater than 10% whole person impairment, income support will be paid for up to 5 years if a common law damages claim is made.

Furthermore, moderately injured claimants will be entitled to receive reasonable treatment and commercial attendant care costs for life.



Common Law Damages

Common Law damages claims can be made where the injured person can prove fault (negligence) against an owner or driver of a motor vehicle, except in cases were the injuries are minor.

· The only damages that may be awarded are for:

1. Pain & Suffering where the permanent impairment is greater than 10%; and

2. Past loss of earnings and for future impairment or deprivation of earning capacity.

A Common Law damages claim cannot be commenced earlier than 20 months after the date of the accident.

However, proceedings must be commended within 3 years from the date of the accident.

A Dispute Resolution Service will be established within the Motor Accidents Authority which will assess and attempt to resolve claims before they are referred to court.



We will provide further information on the new scheme when information is made available.