LL.B / LP
Matthew ArentzP: (08) 8216 3314
Matt was admitted to the Supreme Court of South Australia in 2002 and has extensive experience in personal injury claims, including:
- South Australian workers compensation claims, with a particular focus/interest in claims involving issues regarding “contracts of service” (whether someone is an employee or contractor) and lump sum compensation claims;
- Motor vehicle accident claims, with a particular focus/interest in claims involving intoxication allegations and complex loss of income assessments (including business losses);
- Negligence (“Common Law”) claims, with a particular focus/interest in industrial accidents, boating/recreational accidents and “slip/trip and fall” accidents;
- Commonwealth workers compensation claims.
Matt is a member of the Law Society of South Australia and the Australians Lawyers Alliance.
Member – Law Society of South Australia
Doyle's Guide to Lawyers – Leading Work Injury Compensation Lawyer (Plaintiff) – Australia, 2016
Doyle's Guide to Lawyers – Leading Public Liability Compensation Lawyer (Plaintiff) – South Australia, 2016
Doyle's Guide to Lawyers – Leading Work Injury Compensation Lawyer (Plaintiff) – South Australia, 2016
Doyle's Guide to Lawyers – Leading 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 – Recommended Public Liability Compensation Lawyers (Plaintiff) – South Australia, 2017
I got food poisoning at a restaurant, can I sue?
Many of us are no stranger to suffering from food poisoning after dining out, but when does food poisoning change from an uncomfortable few hours or days, to something you are entitled to receive compensation for?
There are many different forms of food poisoning. Salmonella however, is much more harmful than your average food poisoning and is one to watch out for. Salmonella, much like food poisoning causes vomiting and diarrhoea and often lasts longer than one week.
Salmonella poisoning can require hospitalisation and in some cases can lead to lifelong problems such as Irritable Bowel Syndrome (IBS) and Reactive Arthritis.
If you have:
- Contracted food poisoning after eating out at a restaurant; and
- The effects have lasted longer than one week
You may be entitled to compensation.
What should I be doing?
- See your local doctor immediately.
- Tell your doctor where you ate before you started experiencing vomiting and/or diarrhoea
- Ask to be tested for salmonella.
Salmonella will show up in blood tests and stool samples. It is important to get tested soon as possible to prove your case.
If you test positive for salmonella, your doctor will notify SA Health. SA Health will investigate where you believe you contracted salmonella poisoning. Often a number of other people have also contracted salmonella.
What compensation you may be entitled to receive:
- Pain and suffering
- Past and future loss of income
- Past and future care and assistance provided to you
- Past and future medical expenses
Duncan Basheer Hannon have successfully managed a number of salmonella poisoning class actions, including the Nippy’s Salmonella Outbreak and Intercontinental Hotel Salmonella Outbreak.
If you are suffering from food poisoning or salmonella poisoning after eating out, free call Duncan Basheer Hannon on 1800 324 324 or send us a message for advice on whether you may be entitled to receive compensation.
Are your workers’ compensation weekly payments less than the national minimum wage?
This is a common question and one that is easy to check.
The national minimum wage for a permanent full-time worker is currently in the amount of $672.70 gross per week (based on $17.70 gross per hour for a 38 hour week).
Casual workers covered by the national minimum wage are also entitled to a 25% loading.
So why is this important?
If your workers’ compensation weekly payments are less than this, you may be entitled to more money.
A judgement from our State’s Employment Tribunal earlier this year decided that weekly payments made as part of a workers’ compensation claim can not be less than the minimum wage.
(Note, the decision has been appealed to the Supreme Court of South Australia by Return to Work SA.)
If this appeal is unsuccessful, and your workers’ compensation weekly payments have been less than national minimum wage since 1 July 2015, you may be entitled to payment in arrears from Return to Work SA, in addition to ongoing weekly payments at a higher rate.
If you are in any doubt, please contact Duncan Basheer Hannon for legal advice as you may need to file an Application for Review at the South Australian Employment Tribunal to seek an increase of your weekly payments rate. Contact DBH today on 1800 324 324 or send us a message.
Industrial Negligence Claims
What does industrial negligence mean?
Industrial negligence is a claim for compensation arising from injuries in your place of work. The key difference is most people can not pursue industrial negligence because those entitlements are replaced by Workers’ Compensation under the Return to Work Act. Although, in certain circumstances workers may have access to industrial negligence compensation in addition to Workers’ Compensation. Mainly those types of workers would be workers engaged by a labour hire company, where they’re working at a place that’s not their employer or for people that aren’t their employer. In some cases under the Return to Work Act, if you’ve sustained a significant or serious injury you can still pursue a negligence claim against your employer.
What should you do?
Come and get legal advice straight away. If there are avenues for industrial negligence, it’s normally important to investigate those as soon as possible. The key difference between and industrial negligence claim and a Workers Compensation claim is that for workers compensation you only need to show your injury at work. With an industrial negligence claim, you need to show that someone has done something wrong, or hasn’t done something right that led to you causing your injury. That requires a lot more factual investigation, obtaining documents, speaking to witnesses. The sooner you are to start that process, the sooner you are to get the information you need to make the claim successful. If people think they’re in that category of making an industrial negligence claim, is come and speak to someone straight away.
What should you bring to the first meeting with a lawyer?
Any paperwork they have regarding their employment relationship, payslips, contracts of employment, and letters of engagement. If any documentation was generated when they were injured, such as an accident report, incident report form, notes from doctors, hospital notes. These types of documents are a great starting point to take to give initial advice for us to take from there.
If you want to find out more about if you qualify for an industrial negligence claim, contact DBH Personal Injury Lawyers today on 1800 324 324, or send us a message.