Proposed legislation is good news for employees and cyclists

Tuesday 12 June 2018
Lisa Paul and Michael Lombard

The Victorian Parliament has proposed legislation correcting some anomalies that created unfairness to the injured. 

In this article we re-cap the key changes to WorkCover and TAC law.

WorkCover

The Treasury and Finance Legislation Amendment Bill 2018, if passed in its current format, will allow a deceased worker’s estate (note: in legislation an employee is known as a ‘worker’) to receive their lump sum entitlement if they pass away before the entitlement was paid. Previously, the worker’s entitlement was extinguished upon their death.

The worker has to have lodged their claim for a permanent impairment benefit and undergone the independent medical examinations. In other words, their level of impairment has to have been determined in order for the benefit to be paid to the estate.  

The Bill also amends the definition of family member to insert the word ‘grandparents’ into the definition. By inserting grandparents into this definition, they will be able to claim eligible expenses, for example, attendance at a hospital.  Prior to this amendment, grandparents were not eligible to claim an allowance for visiting a family member in hospital.

As an outcome of this addition, the family and travel accommodation cap has also been increased from $5,000 to $20,000. 

TAC

The TAC, State Government , Michael Lombard and other and personal injury lawyers have worked collaboratively to improve assistance available to injured road accident victims.

Recent changes introduced by the Treasury and Finance Legislation Amendment Bill 2018 will provide assistance for cyclists who have been injured as a result of crashing into parked cars. Changes also extend the definition of ‘Dependants” to include apprentices and allow parents to be reimbursed for wages lost whilst being by their children’s side in hospital.

Personal injury specialist and partner at Adviceline Injury Lawyers, Michael Lombard said that these changes are a “great step forward”.

He said that it cuts out the inconsistencies that previously applied. Previously only cyclists riding to work or hit by an opening car door were covered. Now all injured cyclists involved with cars are covered. 

The law applies to cyclists injured back to 9 July 2014, the date on which cyclist Rory Wilson was tragically injured after hitting a parked car.

Michael said that it is a privilege to be part of the TAC Liaison Group, and that the TAC and Government are to be congratulated for working co-operatively with lawyers.

 

To speak directly to a personal injury expert about how these legislative changes affect you, call (03) 9321 9988.  

Your first appointment is free and we offer a ‘No Win, No Fee’ service.

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