BA; LL.B; GDLP
Amy NikolovskiP: (08) 8216 3351
Amy practices in the areas of personal injury, workers compensation and general litigation. She is an active member and President-Elect of the Law Society of South Australia, being an elected Council Member since 2011.
Vice President – Law Society of South Australia
Committee Member – Accident Compensation Committee
Comittee Member – Mental Health and Well Being Committee
Member – Gender and Equity Working Group (Law Society of South Australia Council)
Committee Member – Crash!
Former Chair – Young Lawyers Committee of South Australia
Member – Australian Lawyers Alliance
Member – Women Lawyers Association of South Australia
Member – Society of Labour Lawyers SA Inc
Doyle's Guide to Lawyers – Recommended Public Liability Compensation Lawyer (Plaintiff) – South Australia, 2016
Doyle's Guide to Lawyers – Recommended Motor Vehicle Accident Compensation Lawyer (Plaintiff) – South Australia, 2016
Doyle's Guide to Lawyers – Leading Motor Vehicle Accident Compensation Lawyer (Plaintiff) – South Australia, 2017
Doyle's Guide to Lawyers – Leading Work Injury Compensation Lawyer (Plaintiff) – South Australia, 2017
Doyle's Guide to Lawyers – Leading Public Liability Compensation Lawyer (Plaintiff) – South Australia, 2017
Changes to Workers’ Compensation
There have been some changes to workers’ compensation, can you explain?
A change occurred to the workers’ compensation laws in South Australia on the 1st July 2015. We no longer have WorkCover anymore. The corporation is now called the Return To Work Corporation, with a new act called the Return to Work act. This came into effect on the 1st July 2015. What is confusing for people is that even if you were on the scheme before, under WorkCover you are now on the new scheme. The entitlements that flow from that scheme now apply to people as well.
Is there a change in entitlements?
There are definitely changes under this new scheme. A worker only has 104 weeks of weekly payments from the date of their injury. If you were previously on the scheme and had ongoing payments, unless you were a seriously injured worker (which is defined as a worker with a 30% impairment or more), your payments will be cut off in the next few months as of the 30th June 2017.
It sounds complicated?
It is complicated. In particular there has also been a change in the causation test which defines how injuries are compensated. Previously, as long as you’ve injured yourself at work and it was through the course of your employment, it was a claimable condition. Now, there has been a change in that test that states it has to be related to your work duties. It can not just be that your injury happened at work. It has to be that your work duties have contributed to the injury as well.
It is important for people to come in if they are injured and take advantage of DBH’s services for a first free interview to get some advice on what entitlements they have under the act. Free call us on 1800 324 324 or send us a message.
Magistrates Court Threshold
This week DBH Partner, Amy Nikolovski talked with Ali Clarke on ABC 891 Radio about the state government proposal to lower the threshold for minor civil matters to be heard in the Magistrates Court.
Amy explains this issue and why the change is needed.
Click the link below to listen to the full interview.
Have you been involved in a low impact car accident?
Have you been involved in a relatively minor or low impact motor vehicle accident? Do you feel that as a result you have sustained significant injury? There’s a good chance you have, and that you are entitled to reasonable compensation.
After a relatively minor or low impact collision, you may think that you shouldn’t feel any lasting or serious injury. However, both the courts and medical experts suggest this isn’t always the case.
The South Australian Supreme Court comments in Giamarelos v Motor Accident Commission  SASC 138 that low speed and minor vehicle damage are “not conclusive of the type and severity of the injuries which can be sustained.”
There may also be more elements at play than you realise, for example, factors such as the point of collision can have significant effects in terms of the pressures exerted on the driver during a collision. In Chajka & Chajka v Preston  SADC 21, medical experts before the court stated a rear end collision with a tow bar will have a greater effect on the rear ended driver, than a collision involving the crumple zone of a car.
Just because the collision was minor, does not mean your injuries are minor.
Contact one of Duncan Basheer Hannon’s experienced motor vehicle accident lawyers for a no obligation first interview now.
Injured but not while at work?
Have you suffered an injury whilst not engaged in actual work? You may still have a compensable injury if you were engaged in an activity, or present at a particular place on the instructions of your employer.
A recent ruling of the South Australian Workers Compensation Tribunal (James v The State of South Australia  SAWCT 52) has confirmed that a worker is covered if they were injured at their place of employment, and/or another location, despite the fact they were not working at the time.
Ms James at her employer’s request, attended her workplace to submit a timesheet and application for leave form, following a home injury in which she dislocated her shoulder. Whilst on the premises of her workplace, Ms James tripped due to a defective uneven concrete path and fell, injuring her left elbow, left leg and right ankle.
Her claim was rejected by her employer and proceeded to hearing, where the Tribunal found in favour of Ms James and confirmed that her injuries were covered by the State’s workers compensation laws as she was directed to attend the site at the request of her employer.
If you have been injured in unusual circumstances at work or during a work related activity be sure to seek advice, as you may have a claim for compensation.
Contact one of Duncan Basheer Hannon’s experienced workers compensation lawyers for a no obligation first interview now.