Common Law Perspectives Pat Hall Lawyer of Hede Byrne & Hall and Panel Lawyer

The steps in common law claims Notice of Claim Investigations/Disclosure Liability Response Conference.

Prepare Your Business 1. Injury reporting system 2. Investigation process 3. Keep records

Facts are Gold and Evidence is King 1. Keep equipment or other items relevant to the incident – eg. Ladder that toppled over. 2. Take photographs/video at the time and keep them where you can find them. 3. If there is CCTV footage relevant to the incident – retrieve it and keep it. 4. Identify witnesses and keep in touch with them. 5. Obtain a really good idea of how the event occurred and document it.

Back to Work 1. The injured worker is not your enemy. 2. Commit to Rehabilitation. 3. Look at alternatives.

Common law costs for this injury InjuryWageAgeExperience Crush injury to right foot requiring surgical amputation great toe $ nett per week25 yearsHas been working in a similar industry all his life and has not completed higher education or any tertiary qualifications and did not intend to change industries Damages Estimate General Damages Item – Amputation of great toe. ISV range General Damages - $15, to $18, Past Economic Loss The claimant has not returned to work since the injury, so he will receive full loss to date – 47 weeks x $ per week = $25, Past Superannuation totals $2, and interest on past loss totals $ Future Economic Loss 42 years until notional retirement at age 67. The difficulties that the claimant has with prolonged walking/standing will have an impact upon his earning capacity. The claimant will suffer an ongoing loss of between $ to $ per week. After being projected on the 5% tables for 42 years (932) and with a reduction of 15% for contingencies this results in a range of $79, to $118, Future Super will be $7, to $10, Past Medical and Related Treatment Confined to the services paid for by WorkCover plus an additional $ for out-of-pockets including interest. This totals $7, The WorkCover refund totals $17, which must be deducted from the totals. Future Treatment A global sum of, say, $1, for analgesics into the future assuming no further surgery is required. Range of Damages On this basis the claimant’s entitlement to damages will fall within a range of $114, to $157, clear of the WorkCover refund.

Common law costs for this injury InjuryWageAgeExperience Crush injury to right foot requiring surgical amputation of one toe $ nett per week25 yearsCasual back packer worker, worked in the industry a month and was planning to return to usual work Damages Estimate General Damages Item – Amputation of great toe. ISV range General Damages - $15, to $18, Past Economic Loss The claimant has not returned to work since the injury, so he will receive full loss to date – 47 weeks x $ per week = $25, Past Superannuation totals $2, and interest on past loss totals $ Future Economic Loss 47 years until notional retirement at age 67. This scenario, however, the claimant has the prospect of moving into less physically demanding and better paid employment. Nevertheless, the type of work that she was actually doing at the time of the accident will still be beyond her. A modest global award will be called for to take into account the prospect the time away from work that the claimant will require to undertake any study and the prospect that at some time in the future she may have needed to return to this work in any event. An award in the order of $100, is likely on a global basis which, of course, is not all that different from the assessment in the other scenario. A range of $80, to $130, is appropriate. Future loss of Superannuation benefits fall within a range of $7, to $11, Future Treatment A global sum of, say, $1, for analgesics into the future assuming no further surgery is required. It may be that the claimant is able to claim for the cost of retraining. We will allow an amount of, say, $10, in that regard. Past Medical and Related Treatment Confined to the services paid for by WorkCover plus an additional $ for out-of-pockets including interest. This totals $7, The WorkCover refund totals $17, which must be deducted from the totals. Range of Damages On this basis the claimant’s entitlement to damages will fall within a range of $125, to $178, approx. clear of the WorkCover refund.

Impact of common law costs on premium SituationsCrush type injury to foot (max. common law cost $175,000) Crush type injury to foot $114,000 common law claim Returned to work after 6 weeks $182,600 Premium Increased premium to $210,000 ($28,000) Increased to $201,000 ($18,400) Reduced damages awarded for past & future economic loss Premium rate Reduced impact Industry rate * Wages $6,200,000 Same

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