Personal Law

At Broadley Rees Hogan we understand our client's situation and their specific legal issues, working with them to achieve their goals. We advise on many personal legal issues, including:

Employment Law

At Broadley Rees Hogan we understand the importance that a properly documented employment agreement can have upon an employer's productivity and an employee's personal progress. Having assisted both employers and employees in numerous workplace appointments, our lawyers are experienced in providing proactive advice, both at the time of appointment and throughout the employment relationship. We are experienced in:

  • Negotiating and settling workplace agreements;
  • Business restructuring advice including redundancy;
  • Advising on unfair dismissal allegations;
  • Advising on wrongful termination allegations;
  • Documenting and advising on employment contracts;
  • Documenting and advising on independent contractor arrangements.

Public Liability

Public liability claims are based on the assumption of a 'duty of care' by the owner or occupier of the property. To successfully recover damages, you must prove that a duty of care exists and that a breach of that duty resulted in a reasonably forseeable injury. Property owners mostly (but not always) have public liability insurance so that if someone is injured on their property, the owner or occupier is not necessarily personally liable but can rely on their insurer to pay any damages ultimately payable by the owner or occupier.

How do I make a Public Liability claim?

The injury should be reported to the owner or occupier of the property as soon as possible after the injury has occurred. The next step is to contact a lawyer to discuss your situation further. A Part 1 Notice of Claim under the Personal Injuries Proceedings Act 2002 (PIPA) needs to be sent to the owner or occupier to start your claim. There are time limits which need to be met in relation to the giving of the Notice of Claim.

What type of compensation can I recover under a Public Liability claim?

Compensation for public liability may include payment for:

  • Pain and suffering;
  • Hospital treatment and medical expenses;
  • Loss of earning; and
  • Home and nursing care.

Depending on your circumstances additional payments may be available to cover other specific areas.

What kind of injuries can be compensated through a public liability claim?

Public liability claims cover a wide variety of incidents resulting in injury. The following types of incidents are an example only of what may be the subject of a claim:

  • Playground or schoolyard accidents;
  • Accidents due to the condition/state of the road and pathways;
  • Injuries caused by animals (e.g. dog attacks); and
  • Accidents that occur in public venues.
    • Please note:
  • There are strict time limitations for all public liability claims, and it is imperative that you contact a lawyer as soon as possible to discuss your claim.
  • early investigation and information gathering is critical to the success of your claim. It is in your best interests to obtain independent legal advice as soon as possible, in order to maximize the extent of your physical and psychological recovery.

Broadley Rees Hogan Lawyers have experienced lawyers available to handle your claim. Please call our firm for a free consultation to discuss your situation.

Workplace Injuries

It is compulsory for employers to hold suitable workers compensation insurance for their employees. In Queensland, the insurer is often WorkCover Queensland, but some larger enterprises are permitted to insure themselves (known as a self-insurer).

A WorkCover claim for workplace injuries will include cover for full-time, part-time, casual workers and in many circumstances, subcontractors. Compensation is available regardless of who caused the injury (except in some rare circumstances).

How can I access workers compensation?

There are two options by which you can make a claim for workers compensation.

  1. Make a statutory claim for compensation.

    2. A statutory claim will provide a quick method to access benefits. This type of claim includes a no-fault scheme which means that regardless of who caused the injuries, you will be entitled to benefits. However, your benefits will cease once you are no longer covered by a medical certificate (even if you have ongoing problems).

  2. Make a common law claim.

    3. The amount of compensation usually claimable is for a more significant injury. This type of claim will allow you to seek compensation for any past and future loss of earnings. However, you will need to be able to establish partial or complete fault or negligence from your employer to be successful.

    Please note: If you accept a lump sum payment under a statutory regime, you will lose all rights to pursue a common law claim. Accepting a lump sum payment could significantly deprive you of the proper amount of compensation, and that is why it is so important to contact a lawyer to discuss your options.

What am I entitled to claim under WorkCover?

Under the Queensland Workers Compensation and Rehabilitation Act 2003, WorkCover pays compensation to people who have suffered an injury or to the family of someone who is killed in a work related accident, where negligence can be established. These include:

  • Hospital and medical expenses
  • Past and future loss of earnings
  • Travelling expenses
  • Pain and suffering
  • Loss of quality of life
  • Services relating to return to work programs

What kind of injuries can be compensated by WorkCover?

Common injuries relating to workers compensation claims, are as follows:

  • Stress/bullying claims
  • Spinal and back injuries
  • Limb injuries involving amputation
  • Head and eye injuries
  • Bodily injuries
  • Any other soft tissue injuries

Motor Vehicle Accidents

Injuries resulting from motor vehicle accidents can be costly and have a significant impact on your physical and emotional well being. If you believe you have suffered an injury as a result of a motor vehicle accident, you may be entitled to compensation through a Compulsory Third Party (CTP) insurance claim.

How do I make a CTP claim?

The law requires motor vehicle accidents in which a person has sustained any injury to be reported to the police. The police will then issue a Queensland Police Report number. Once this number has been issued, you will need to lodge a Notice of Accident Claim Form with the CTP insurer of the vehicle at fault. Your injury will be assessed by expert medical practitioners who will assess and report on the long-term consequences of your injuries.

What kind of injuries does CTP cover?

If you have been injured in a motor vehicle accident, you are eligible to claim for:

  • Pain and suffering
  • Out of pocket medical and hospital expenses
  • Loss of past and future income
  • Care and assistance from family members (if specific thresholds are met) or paid care from commercial suppliers.
  • Nervous shock and other psychological injuries

For any type of injury, whether of the type mentioned above or otherwise, early investigation and information gathering is critical to the success of your claim. It is in your best interests to obtain legal advice as soon as possible, in order to maximize the extent of your physical and psychological recovery and otherwise to maximize the proper level of compensation to which you may be entitled.

There are strict time limitations for these claims, and it is imperative that you contact a lawyer as soon as possible to discuss your claim.

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Broadley Rees Hogan have experienced lawyers available to handle your claim. Please contact us to discuss your situation if you need assistance.

For further information, please contact us.