• The major recall for LG solar storage batteries. Overheating of these batteries can lead to spontaneous fires.
• Two university students in Melbourne narrowly escaped a fire at the Carlton Student Accommodation when a mobile phone bank exploded. Fifty residents were forced to evaluate.
• Exploding lithium-ion batteries in e-bikes and scooters have been linked to a number of fires, some of them resulting in fatalities.
• From 2017–2023, the Australian Competition & Consumer Commission (ACCC) received more than 230 product safety reports concerning lithium-ion batteries. 

As a consumer, you should be able to trust that the products you purchase are safe when used in the manner for which they are intended. You may have a defective product claim if you or someone you love has been injured by a faulty lithium-ion battery.

Henry Carus + Associates have extensive experience handling product liability claims for clients in Melbourne and throughout Victoria. Call 03 9001 1318 today for a FREE, no-obligation consultation.

Which Lithium-Ion Batteries Are Being Recalled?

Multiple lithium-ion batteries have been recalled due to issues with overheating and fire hazards. Recalls announced by the ACCC within the last year include:

• LG ESS Home Energy Storage System Batteries
  • Manufactured between 29 March 2017 and 13 September 2018 and sold in Australia starting 15 May 2017.
  • Affected models:
    • RESU3.3
    • RESU6.5
    • RESU10
    • RESU13
    • RESU7H Type-R
    • RESU10H Type-C
    • RESU10H Type-R
    • RESU10H Type-R (Secondary)
    • S/A Gen2 1P (EM048063P3S4)
    • S/A Gen2 2P (EM048126P3S7)
    • S/A Gen2 1P (EM048063P3S5)
• SolaX LG S/A Gen2 ESS Batteries
  • A separate recall has been announced for LG S/A Gen2 ESS batteries (model numbers LG S/A Gen2 1P (EM048063P3S4) and LG S/A Gen2 2P (EM048126P3S7)) supplied by SolaX.
  • These batteries were sold from 1 April 2017 to 31 July 2018.
• Baseus Magnetic Wireless Charging Power Banks
  • Includes model numbers PPCXW06 (sold between 1 May 2022 and 28 June 2024) and PPCXM06 (sold between 1 July 2023 and 28 June 2024).
• Yoto Mini USB Rechargeable Powered Speaker
  • Affected products have serial numbers beginning with 1FE-8FE. They were sold between 1 November 2021 and 30 November 2023.
• Lenovo USB-C Laptop Power Bank
  • Affected products have model number PBLG2W and part number 40ALLG2WWW. They were built between December 2021 and June 2022 and sold from 12 May 2023 to 8 July 2023.
• Moen Incorporated Flo Smart Water Monitor Lithium-Ion Battery Backup
  • Affected products have model number 920-001 and were sold between 1 September 2020 and 31 May 2023.

You can search the Product Safety Australia website for a full list of products with recalled lithium-ion batteries. If you have a product included in a recall, it is vital to follow all instructions for safely handling, storing, and/or disposing of the battery.

Dangers Associated with Lithium-Ion Batteries

Lithium-ion batteries are seen as an integral part of Australia’s sustainability goals. The technology is portable, allowing for a wide range of energy needs to be met, as well as rechargeable, which reduces waste and minimises demand for additional manufacturing.

Unfortunately, the technology isn’t perfect. A number of safety issues are associated with lithium-ion batteries—mainly overheating.

Swollen or bulging batteries should not be used. These issues occur when too much electrical charge builds up inside of the battery. If a faulty device is used, the battery may overheat, catch fire, and even explode. Overheating can also lead to the release of toxic gases.

Injuries Associated with Defective Lithium-Ion Batteries

Every year, emergency services respond to more than 3,000 structure fires in Victoria. While recalled lithium-ion batteries likely account for a fairly small portion of these fires, the danger cannot be discounted. Overheating and explosions can occur without warning, posing a significant danger to people who have one of these devices on their person or in their homes.

Notable injuries that may be caused by a defective or malfunctioning lithium-ion battery include:

Burn Injuries

Flames and gases from a lithium-ion battery fire or explosion can easily lead to burn injuries. Burns can be superficial, affect multiple layers of skin (partial thickness), or penetrate all layers of skin and damage the underlying tissue (full thickness). Partial and full thickness burns can have a number of serious effects:

• High risk of infection
• Loss of blood and fluids resulting in hypovolemic shock
• Nerve damage
• Soft tissue and orthopaedic injuries
• Elevated pressure inside the muscles (compartment syndrome)

Severe burns often result in permanent scarring. Depending on the degree of the injury and how extensive the burn is, a number of permanent impairments may also occur.

Explosion Injuries

If the battery explodes, debris from the battery or device may cause catastrophic injury to multiple areas of the body, as well as severe bleeding. The blast can also knock people to the ground, resulting in broken bones and amputation injuries. Alternatively, grievous injury to one or more extremities may require medical amputation at a later date.

Inhalation Injuries

Smoke inhalation is a major concern with any fire. Breathing in smoke can damage the lungs and airways. The toxic chemicals released by a lithium-ion battery when it burns or explodes can also be dangerous, causing skin and respiratory injuries, loss of consciousness, and even death.

Psychological Trauma

Victims of fires may experience anxiety, depression, post-traumatic stress disorder, and other difficulties. Physical injuries can exacerbate the traumatic experience of being in a fire, losing your home and possessions, etc.

Are You Entitled to Compensation?

Consumers who are injured by defective products may be able to bring claims against the manufacturer. To recover compensation, it must be shown that the injury was caused by a defect in the product’s design or assembly. Prompt and thorough investigation by a defective product lawyer is key for establishing that (a) the product posed an unreasonable safety risk and (b) this flaw caused your injuries and damages.

Contact Henry Carus + Associates Today

Recalled lithium-ion batteries represent a known safety risk. However, this will not stop manufacturers and other companies from trying to argue that errors on the part of the consumer led to the injury (such as failure to follow instructions, store the battery or device properly, or ignoring recall announcements).

An experienced defective product lawyer can protect your legal rights and fight for the compensation you deserve. This may include:

• Payment of medical expenses
• The cost of therapy, rehabilitation, and needed supports
• Loss of earnings
• Impairment of earning capacity (loss of future earnings)
• Pain and suffering
• Loss of enjoyment of life

Injured by a Lithium-Ion Battery? Seek Legal Counsel Today!

The personal injury lawyers at Henry Carus + Associates collaborate with qualified experts to prove our clients’ injuries were caused by product defects. We are closely following the latest updates on recalled lithium-ion batteries and are prepared to fight for maximum compensation on behalf of those who have been seriously injured or lost loved ones due to these dangerous devices.

Henry Carus + Associates is recognised as one of Victoria’s leading personal injury and product liability law firms. Call 03 9001 1318 today for a FREE consultation.

The post Recalled Lithium-Ion Batteries Pose Fire & Explosion Risk appeared first on Henry Carus + Associates.

When Jake is not in the office at HCA, he runs his not for profit organisation ‘The Aaron Foundation’.

Jake runs various educational outreach programs, where he primarily reaches out to young people who are at risk of or are currently experiencing homelessness. He helps them with essential skills and resources to get them back on their feet, regaining confidence in themselves and having a purpose in life. Jake is able to help these young people obtain short term accommodation, write a resume, help with interview skills, provide appropriate clothing for an interview, obtain training for employment and gain entry to tertiary education that will ultimately improve their employability and skills.

Jake started his educational program in 2015, when he initially started working at our city office and was overcome with how many homeless young people there was around the CBD.

Jake spent weeks making friends with homeless young people during his lunch break, sharing lunch with them and getting to know them and their stories of how they became homeless.  This gave Jake an insight and an effective approach to help them get back on their feet.  9 out of every 10 young people were on the street due to family violence.  Accommodation at a youth refuge could leave these young people on a waiting list for many months, so they had no choice but to sleep on the streets.

Unfortunately, these young people also had extreme difficulty in gaining any benefits from Centrelink, due to initial waiting periods and a requirement for ID, which is something that many young people didn’t have.  This caused initial waiting periods to blow out exponentially, as they awaited their replacement cards.  Jake realised that the best way to help these young people was to assist them in gaining employment, as they can then afford their own accommodation.  Jake created a class on ‘job skills’ which he taught on footpaths and in alleyways, where these young people spent time.  This was the first step in rebuilding their lives.

However, after teaching these classes for 3 months and meeting so many incredible young Melbournians that were doing it tough, Jakes classes became well known (you may have even seen him around the CBD yourself).  He was contacted by a Melbourne charity who had a spare office space where he could teach.  Jake has taught there ever since and so far, he has taught over 200 students.  What an impact!

Some students have incredible stories and one such student is Heath.  Heath was a student of Jake’s Program in 2015, who at the time was on the verge of homelessness.  Jake assisted Heath with improving his employability and to also gain entry into studying a Diploma of Community Services.

Heath was so grateful for his opportunity of a helping hand he wanted to study so he could help other people in situations just like his.  Heath gained employment and successfully graduated with distinction.  What an achievement!  After his graduation, Heath was met by the honourable Martin Foley MP, Minister for Housing, Disability and Ageing, Mental Health, Equality and Creative Industries.  At the time Mr Foley was announcing the Federal Government’s $799 million funding program to combat homelessness and he used Heath’s remarkable story as an example of how incredible our young Australians can be when they gain a helping hand.  Heath has since transitioned into studying his Bachelor of Social Work, gained a volunteering opportunity with the Office of The Public Advocate and is now working along with Jake on the Aaron Foundation.  What an incredible young man!

Jake has been able to use his experience and knowledge of the pervasive issue of Youth Homelessness in meeting with media personalities such as Channel 9’s Peter Hitchener.  Jake was invited by Channel 9 to their Melbourne studios, to meet Mr Hitchener and discuss youth homelessness and its deep connection to family violence.  Mr Hitchener has become a friend of Jake’s since then, as they now regularly meet up on funding campaigns for the Monash Children’s Hospital, where they are both volunteers.

Jake has met with various government officials such as the Honorable Senator Jane Hume, with whom he discussed youth homelessness and its connection with housing affordability.  This is as Senator Hume has been working on the senate’s inquiry into affordable housing and in addition, the Social Services Legislation Amendment (Housing Affordability) Bill

Jake was in final consideration for the Australian of The Year Award exclusively for his community work in Melbourne with The Aaron Foundation.  However, he has other educational outreach projects internationally such as in Addis Ababa in Ethiopia.

Jake chose Ethiopia as it has one of the lowest literacy rates in Africa, with literacy having such a direct link to poverty.  Jake ran classes at a school in Addis Abba, the capital of Ethiopia, where he taught classes on Science, Mathematics and English to students who were all graded as experiencing extreme poverty.  With the assistance of a translator, Jake also visited each students’ home and family after each day of teaching, in an effort to understand and document how education is changing their lives and family situation.

Jake saw multi-generational poverty with these families and experienced firsthand the power and hope that education holds.  These students and their future children, will be the first in many generations of their family to break through poverty and have the chance to live a better life.

Jake is continuing his work in the region through his science outreach program, which is in partnership with the friendly and outgoing Dr Karl Kruszelnicki, a very well-known Australian Scientist and advocate for ‘Scientific Literacy’.

In addition to past accomplished projects with Dr Karl, they have a future project scheduled for October 2018.  Jake and Dr Karl will teach a science class via Skype from a Sydney University classroom, to Jake’s class in Ethiopia.  Jake and Dr Karl will discuss science and help foster ‘Scientific Literacy’ with these students in Ethiopia, a country that is renowned for giving no importance to any education in science

HISTORY OF THE AARON FOUNDATION

Jake started the Aaron Foundation in commemoration of Aaron Piroska, who was Jake’s closest friend from a very early age.

In 2011, Aaron tragically died in a motor vehicle accident where an underage, unlicensed driver was behind the wheel and all occupants, apart from Aaron had a seatbelt available.  Aaron and his friends were leaving a party and were offered lift by the driver, who was unknown to Aaron.  As it turned out, this driver was underage and unlicensed and there were too many passengers in the car for the number of seatbelts.  Aaron insisted that his friends and girlfriend put on their seatbelts, which left Aaron to go without.

Unfortunately, the unlicensed driver had a high impact collision and Aaron was thrown from the vehicle, dying on impact.  Aaron was the only fatality in this collision and not wearing a seatbelt was the primary cause.

Aaron’s beautiful parents along with Jake have made it a mission of theirs to advocate for safety on Victorian roads and have been heavily involved in the matter.

THE TAC’S MESSAGE

The CEO of the TAC Janet Dore said the tragic deaths of 16-year-olds Ebony Dunsworth and Aaron Piroska in separate crashes in 2011 were harsh reminders for young people to look after their mates and take care on the roads.

The TAC has started an initiative for the care and safe travel of young adults.  The Vanessa Bus can be found at youth events such as music festivals, being a haven for a place to chill out and be a support for young peoples’ safety while out at about.

JAKE’S MESSAGE

Jake’s commitments to helping others has been inspired from a saying that Henry Carus once gave him – ‘There is truly no better use of one’s life, that using it in service of others’.

Jake loves working at Henry Carus & Associates as he knows that everyone at the firm also strongly believes and lives up to that saying.  That’s how they are able to have a connection with clients, showing concern and empathy for each and every client.

Jake is one of many caring staff at HCA, who are all examples of our new slogan, ‘we care more, because you deserve more’!

To help homeless youth in Melbourne and childrens’ education in Addis Ababa, you may donate to the Aaron Foundation.

Herald Sun story 10 December 2014

TAC Media Release

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At Henry Carus & Associates we are creating a series of presentations to help explain ideas within the law – especially personal injury law – which may be very difficult for the average person to understand. To begin this informational series, we will start with an example of a recent jury verdict and judgment that our firm was very happy to achieve for one of our clients. The subject is “what if my accident occurred a really long time ago?”

Time Is Your Friend

We have countless discussions with our clients about the process of litigation and the process of trying to achieve a great result for them when they’ve been injured. During these conversations, we constantly remind them that “time is their friend.” Many times, it’s difficult for our clients to understand this because they think that if they can rush through the process and get their settlement, the entire process will be over. They often believe that their suffering will come to end, and everything will be normal again. This is rarely the case. The truth is that the litigation process and the claims process stop, but their injury and the consequences that come along with it, remain.

Over the course of his 33 year career, Henry Carus has had a chance to watch what happens to injured persons over time. In his experience, time is a great aid in allowing to see the full consequences of an injury and how much it changes the quality of a person’s life. If you rush through your case and get it resolved really fast, you’re not giving a chance for time to have its impact.

Personal Injury and Psychiatric Disorders

To bring this into perspective, let’s talk about what happened this past week. One of our clients received a judgment that we obtained after trial. It entailed 8 days in a WorkCover jurisdiction where our client came to us 13 years after her work incident. She was in a store and was the victim of an armed robbery. The traumatic incident left her with ongoing post-traumatic stress disorder. The woman tried to manage it as best she could. She moved on with her life and got another job someplace else. She tried as much as possible to leave the event behind but the post-traumatic stress was too much, and the effects lingered. Eventually, it led to a total collapse of ability to deal with her world.

In her case, we asked WorkCover for a serious injury certificate for her and it was rewarded. We asked for compensation and they refused. We chose to take the matter to court and litigated it in front of a jury. As a result, the jury had a chance to see the terrible consequences that this woman has had to deal with 17 years after her traumatic event. This was a very unique scenario. Usually, we don’t get the chance to present a distressed person this late after their accident.

Compensation for a Psychiatric Injury

If your incident occurred in a work environment or dealing with the TAC in a motor vehicle environment, you generally have six years from the date of your injury. Unless you are a minor, and then we can discuss that differently. Assuming you are an adult, you have six years. Is the law that strict? No. The law always will look at your circumstances and if there is a reason, it will give you extra time to bring proceedings and seek compensation.

In this woman’s case, we thought a reasonable amount to ask the jury for was 200 thousand dollars. The jury decided that this amount was in fact, not enough. The quality of this woman’s life had been so devastated, the jury awarded her 550 thousand dollars. This is incredibly more than anyone else has received in Victoria for a psychiatric injury of this nature.

The statutory maximum that you are able to receive in a WorkCover matter of this type is $598,360. Her reward was pretty close to being the maximum. We believe this result will change the way people with psychiatric injuries will be treated and change the way that compensation is awarded. We are not aware of anyone else who has received this amount of compensation for a psychiatric injury in Victoria.

At Henry Carus & Associates, we hope that news of this event spreads far and wide. We hope that everyone who has a psychiatric injury, or family members who have to deal with someone with a psychiatric injury arising from a work event, will feel support that juries will come to their aid when they seek compensation.

Contact Henry Carus & Associates for Legal Advice

We hear of other firms in town that speed matters along. We also hear of insurance companies that are happy to resolve matters quickly. We are not confident that speed is always to the best benefit of an injured person. Time can be your friend, time can let things develop. If you have patience in your case, incredible outcomes may come about. If you are in a situation where your accident happened many years ago and you think you’re out of time, rethink it. Come see us at Henry Carus & Associates. Let us have a chance to look at your case and determine whether or not we believe compensation is available for you. Contact us today.

The post What if My Psychiatric Accident Happened a Long Time Ago? appeared first on Henry Carus + Associates.

On 19 October 2012, Ms Sangeeta Guru was shopping for groceries at a Coles Supermarket in Cambridge Gardens when she stepped onto a grape she had not seen on the supermarket floor. Her foot slipped forward and she lost her balance, falling heavily to the floor. The fall resulted in Ms Guru sustaining multiple soft tissue injuries to her limbs and torso.

Ms Guru’s claim was brought under the Civil Liability Act 2002, which allows claimants who have injured themselves in NSW to seek compensation for their injuries, where the injuries are caused by negligence of the others. In Victoria, the equivalent legislation is Wrongs Act 1958 (Vic).

The incident report completed by Coles’ employees stated that the incident happened at 5:20 pm. and the last time the floor area involved was cleaned before the incident was at 1:00 a.m. that day.

Coles argued that the risk of slipping over grapes was obvious; and it therefore had no duty to warn customers of the risk. This argument was dismissed by the Judge, who considered that at the time of the incident Ms Guru was looking at the displays of merchandise for sale at Coles, and this was “the very purpose of her presence in the store.” He also stated that Coles should have anticipated that its customers would have applied their attention to the merchandise up for sale. Furthermore, the Judge noted that Coles wanted its customers to place its attention upon the merchandise for sale. Consequently, Ms Guru’s momentary inattentiveness was something that Coles should have anticipated, and she was entitled to expect that Coles would have an adequate and safe system of maintaining a clean floor, which would protect against the risk of customers falling whilst looking for items to purchase.

In assessing the amount of compensation, the Judge noted that Ms Guru has continued to suffer from right shoulder pain and stiffness, pain in her right wrist, associated pain and swelling in three fingers of her right hand with occasional numbness, pain in the back of her neck, back, and right ankle, and constant pain in her right knee. The Judge accepted that due to her injuries, Ms Guru is impaired in her ability to carry out housework and participate in her pre-injury hobbies such as gymnasium exercise, hiking, kayaking, swimming, bushwalking, archery and dancing, for which he awarded non-economic loss at $39,500.

The Judge also awarded future economic loss at $40,000, taking into account that fact that Ms Guru may encounter some difficulty in the future in her work as a beautician due to her injuries. Ms Guru was also awarded past out of pocket expenses at $1,350.45, future out of pocket expenses at $2,000, and past domestic assistance at $7,280. Her total compensation amount was $90,130.45.

This case is a reminder that the Courts hold supermarkets to a high standard of duty of care, and that the Court is serious about protecting the safety of shoppers – even if they may not have been watching where they were going. If you have been involved in a slip, trip and fall accident at a supermarket or another public place, please do not hesitate to contact our personal injury lawyers at 03 9001 1318.

The post Can you claim compensation if you injured due to slipping and falling? appeared first on Henry Carus + Associates.

From what I can see it is a wonderful campaign, in that it highlights:

• The human body is not designed to withstand the forces involved in a transport accident
• We are as humans designed at best to withstand running into a wall (or better yet in light of our history – a tree)
• Motor vehicles move much faster, and our chances are slimmer to survive a crash

The TAC Graham campaign is being launched at a time when road deaths are on the rise despite increased road safety campaigns.

From the perspective of a specialist personal injury lawyer, the campaign is a welcome opportunity to have our community become aware and accept the major impact a transport accident has on the bodies of all those involved.

We regularly see persons seriously affected, with permanent changes to the quality of their lives, who have not suffered major fractures to their bodies. They have simply been subjected to forces that are well beyond what their bodies can manage.

The video attached to the media release of the campaign highlights the high forces involved in even low speed impacts and the damage that is likely to occur to very sensitive areas of the body such as the brain.

Injuries to the brain are an area that has interested me from early on in my career. It started with a major claim by a person left a paraplegic as a result of simply falling off a horse when the horse was not moving. The horse had simply bent over and dropped to the ground causing the rider to fall and hit her head on the ground. The claim was made against the Australian equestrian helmet manufacturer, who I acted for here in Australia.

The accident occurred in California and for the defence we hired a leading neurosurgeon who was at that time designated as the surgeon who would operate on the President, at any time such care was needed. In simple words he made it clear to the jury that no helmet can prevent the brain from the forces involved in such a fall.

The brain, in any impact involving rotational forces, is simply caused to crash against the inside of the skull again and again (as has essentially the consistency of jelly) and in doing so, suffers damage throughout the brain.

The lesson learned in that matter has always left me concerned for anyone who is in a transport accident about the extent of damage their brains have suffered.

The brain is only one part of the body that is at risk, we also regularly see damage to the soft tissues of the back, shoulders and knees, as the body is thrown around the vehicle after the impact.

The video for instance shows a side impact, and one can see how much the body is just warped by the forces applied, which all the safety equipment provided in the car cannot stop.

I am hopeful that the campaign will give us all an acceptance of how serious a transport accident can be even in a low impact collision. That awareness should lead to a greater acceptance of the injuries presented by those involved in such accidents.

From experience, such is even a greater concern with those more senior members of our community, whose bodies are so much less able to manage such forces.

Sadly, any force above running into an object is beyond what our bodies can manage.

Henry Carus

The post Meet Graham – The TAC Person Who Can Survive Our Dangerous Roads appeared first on Henry Carus + Associates.

The cost agreement

During the first phase of meeting with an injury lawyer they’ll promote their ‘No Win No Fee’ policy. They’ll push to make it clear that if you don’t receive any money for your claim you’ll never be charged. However, there are charges if you do win. Law firms work hard to lock you into a contract so you can’t leave them and go with another firm, and if you do win they can snag a good portion of your earnings while locking you into their system.

Most firms will lock you in with a cost agreement contract for the fees upon victory of the claim. This can be anywhere from 3-10 pages long depending on the injury law firm. It will feature legal jargon that will be difficult to understand unless you went to law school and have been studying law your whole career. This only increases your fears and makes matters even more confusing, not knowing what you’ll have to pay if you win. It can be really bad with some of these big law firms that don’t see you as a person, but only as profits.

The 90 day guarantee lawyer what that means

Our firm is different. Very different We not only offer the No Win No Pay lawyer promise like the majority of injury firms in the area but we do even more. We believe you deserve more and we’re going to live by that statement. One important item that makes us different is we offer a 90 day guarantee. You can start your claim with us. Our lawyers will put forth all of their effort to help you retrieve the maximum compensation for your claim. If you feel uneasy, nervous, or you believe we’re not doing enough to get you the maximum amount of compensation for your claim you can simply just leave if its before the 90 day mark from your first initial visit with us about your current claim.

Why the option to leave

If you leave you don’t have to pay, you can go to any other firm in the region and that’s it. We offer this because we’re confident in our lawyers and our services. We really believe deep down that the majority will be very satisfied with their decision to sign on with our law firm. If they don’t believe in our firm and our ability to get them the most for their claim they’re free to leave and move on. It truly gives clients the ease of comfort when choosing our firm to handle their claim.

How this has been received by people like you

Our clients absolutely love it. It’s truly comforting to them and because of that we’re going to continue it.

Has anyone taken us up on the 90 day guarantee

We’ve not had a client leave. They’re very satisfied with our hard work on their claim. They grow to appreciate that they’re not being schemed by our lawyers and that we see them as people, who are going through a difficult time overcoming the injury they just experienced.

We have the track record

If you’re needing to file a TAC claim, or any personal injury related claim get in touch with us and we can potentially place you on our 90 day guarantee program.

The post What our 90 day guarantee means to you appeared first on Henry Carus + Associates.

Wings for Life World Run Day for Spinal Cord Injury is a cause we find close to our hearts, as we come across many clients with serious injuries including those with spinal cord injuries, which are life changing and can be debilitating.  We find though that there is support available to those affected by such injuries and the research organisations play a vital role in a person’s rehabilitation.

World Run Day for Spinal Cord Injury starts globally at 11am Coordinated Universal Time (UTC) at 34 locations all around the world – what an amazing feat!  Participants will slowly be ‘chased’ by the Catcher Car.  If the Catcher Car passes you, you’re out of the race, but can head back to the starting area where you can delight in stylish celebrations and watch live vision from the other national races.  Last year’s wheelchair competitor Aron Anderson won the national crown in Sweden, rolling a massive distance of 64.82km.  In the 2 years since its inception, from organic beginnings at Moscow Airport, over €7m (which is over AUD $10m) has been raised for spinal cord injury projects internationally.

Supported by ambassadors such as Barney Miller, Formula One racing car champions Daniel Ricciardo and David Coulthard who is lucky enough to be the driver of the Catcher Car in Melbourne this year.  Barney was a promising pro surfer, who has fought hard after sustaining a spinal cord injury from a motor vehicle accident 17 years ago.  Barney has just released a documentary about his journey and has achieved so much with the support available to him.

For those who don’t mind a night time activity, the race starts in Melbourne at 9pm on Sunday 8^th May.  Walk, run, roll or channel your inner Forrest Gump in this fun and inspirational fund raising challenge.  Work off those Mother’s Day calories and have a good night’s sleep feeling good about your dedication to those in need of spinal cord injury research.

The Event hub is located at Paterson Reserve, 484 Auburn Road, Hawthorn East and the course runs on the Monash Freeway from Toorak Road on-ramp heading Eastbound.  Of course, if you’re not up to braving the Melbourne weather, there is also the opportunity to donate via the website.

For more information, please visit Wings For Life World Run.

The post World Run Day for Spinal Cord Injury, Support Those Who Have Been Injured appeared first on Henry Carus + Associates.

There are many situations that can become very complicated for the average person to understand, and some that even experienced personal injury lawyers do not properly grasp.

Let me explain.

When someone is injured while at work, he or she normally puts in a WorkCover claim. Once accepted, benefits are paid for medical expenses and loss of income.

If the person is seriously injured, there is also the entitlement to seek common law damages for the pain and suffering the person has suffered and the total loss of income suffered to date and will be suffered into the future.

Access to such common law damages within the WorkCover system is very difficult, with many seriously injured persons not being able to get access to the loss of income aspect of their workers compensation claim because of the restrictive nature of the WorkCover legislation.

In addition, even if access is achieved, the legislation imposes a penalty on the injured worker in relation to legal fees that will have to be paid, as WorkCover is not required to pay the same level of legal fees paid by others in similar injury matters such as TAC accidents or accidents in a public space.

We tell many WorkCover clients that we would be able to get for them a lot more compensation to them if their accident had been one covered by the TAC legislation, as that legislation is more generous to the injured person.

The post When does a Work Accident Become a TAC Common Law Claim appeared first on Henry Carus + Associates.

Medical professionals,educators and health enthusiasts for many decades have promoted the idea that physical activity offers vital health benefits for the body – making our lives better and healthier if we engage in physical activities. We don’t doubt the health benefits and the influence they have on the quality of life but we question the risks associated with physical activity and if certain specific activities are worth pursuing without insurance and even with insurance.

Physical activities that come with inherit dangers can include; cycling, skiing, water sports, hiking, walking, and even running. These activities are loved and pursued by many Australians in Victoria so what we’re saying can seem quite dissatisfying to Australians but our opinion is to not give these healthy recreational activities up, but to really think about the liability and dangers they pose to your family, career, and even well being — then to make decisions that will minimise those risks by taking safer routes, understanding and obeying the laws, and not going to extremes in each of the activities.

A simple decision to not be insured and then to go cycling can be the most financially damaging decision you can make. For instance, imagine you’re our cycling, you’re going down a hill, and you happen to lose control of your bike and end up severely hurt on the side of the road. Your injuries are so bad the medical bills are deep into the thousands, you can’t attend work and now losing your residence is a strong possibility if you don’t recover in time. Was that bike ride worth it now? Could you have taken a different route that would’ve been safer? If you had the right cycling insurance would you have been protected from all of the financial damages? We explore these ideas.

Can medicare insurance protect you financially from physical activity injuries?

Under the medicare system getting quality care is known to be more difficult as well as even getting money to pay for the injuries outside of the home. People that have had their injuries paid for have even shown a lack of satisfaction with the compensation. To bridge the gap with compensation its best to even just look into private insurance. If you’re very serious about cycling, or any activity the best solution is to look into getting private insurance for that activity. It can seem like a financial burden to pay have another monthly bill for a premium policy but you have to recognise that the moment you begin your physical activity outside of the home you’re at risk. As a compensation lawyer we deal with Australians who have been injured everyday –these victims know from experience that injuries happen when not expected and the right insurance can make the biggest difference in the world.

Most Home Insurance Policies Can Protect You

For some of the accidents you might actually be the person responsible for the accident. In these situations your home insurance policy might be able to come to the rescue and protect you if your private insurance can’t. There’s an interesting quirk in the home insurance policy that most Australians are not familiar with, and that is the fact that any accident you’re responsible for can be covered by your home insurance policy. It’s an insurance liability provision that’s on the policy (not all but most) and it covers accidents in the home and anywhere in Australia that you’re responsible for. Be sure to check with your home insurance representative to see if this included on your policy.

What if I’m a runner?

If you’re a runner and you run on sidewalks and trails your risk is much lower. In Victoria that are bike trails that allow for runners – if you cause an accident on one of these trails it can be costly. Make sure you have the insurance that can help cover you for those if you run frequently. Be careful anytime you run in the street, try to run as far from vehicles as possible.

Can a health insurance policy cover me for an injury during an activity?

If you pay for private health insurance they will typically cover your injury regardless of the activity. The potential downfall of just relying on health insurance is the fact that they might not cover lost income and even the property damages to your damaged equipment. Meaning – if you’re involved in a sports activity that is expensive you might want to only consider buying insurance for that specific activity if it’s an expensive activity. Otherwise allow for your medical insurance to cover you. Please be sure to confirm with your insurance representatives that your insurance will cover you for those activities.

List of high risk physical activities

• Cycling – One of the most dangerous and common practiced around Melbourne
• Hiking – Not near the road but if not properly trained can be fatal
• Jogging/Running – Not as dangerous but if near traffic it can be a risk
• Skiing – Not near the road, but similar to hiking, can be dangerous if not properly trained
• Surfing – Can be very dangerous
• Sports – Depends on what sport, always make sure the organisation you play for offers insurance

Insurance companies are good at cutting corners with compensation

In any physical activity case if you’ve been injured and you’re seeking compensation you should always consult with one of our solicitors . Insurance companies will do their best to pay the least amount of compensation for a personal injury claim. Our lawyers know how they work and we believe in our ability to provide the best consultations in Melbourne. With offices scattered all over Victoria we’re ready to talk.

The post The Risks of an Active Lifestyle in Victoria appeared first on Henry Carus + Associates.

Many times when investigations are made the construction of the building be it a store, an office building or a residential home has been built to the relevant Building Code of Australia.

In other words, it conforms to what the building code required at the time that it was constructed.

When that happens many lawyers, including those that even practice in the personal industry field, believe that there is no claim available in negligence against the owner of the building or home for the accident. That conclusion many times is wrong.

There is a solid body of law that talks about what is reasonable in the circumstances which has to be greater than just a simple examination of what the Building Code of Australia required.

The Building Code of Australia looks at minimum standards to be used in commercial and residential structures. It does not totally cover the field of safety.

There was a wonderful decision delivered in the matter of Toomey by his Honour Justice Eames in 2001 which clearly addressed and applied the concept that safety is not limited with reference to the Building Code of Australia.

In that matter, a young budding Australian Lacrosse Olympic hopeful was seriously injured when he was pushed accidentally by two friends wrestling and fell over a bannister. He fell from an elevated height fracturing his spine and was left in a wheelchair for the rest of his life.

The proceedings were brought against the owners and builders of the hotel where this accident occurred.

The defence wanted to rely tremendously on the fact that the bannister involved was built to code.

In response, the Plaintiff’s lawyers argued that the height of the bannister was unreasonable in light of the expected heights of individuals, including the Plaintiff, and what would occur if a person was pushed or came across the bannister with any force.

If that occurred, which did occur in respect of Mr Toomey, the bannister was too low and could not prevent Mr Toomey from being tipped over the bannister and fall. The risk of a serious injury from such a fall was high.

That concept is one that all Personal Injury Lawyers should keep in mind, and our firm does every time we inspect an accident site on behalf of a client.

We go out to the accident site early on, even before we hire experts, so that we may form our own experienced view as to whether in all the circumstances the building or structure has been built to a safe standard.

It is the experience of our Principal, Henry Carus acting for Insurers and practising Public Liability law for over 30 years that allows our firm to easily form the view as to whether a building or structure is adequate or inadequate.

Anyone with an accident in a public space would greatly benefit by contacting our office for an immediate inspection of the accident site.

The post Safe Premises appeared first on Henry Carus + Associates.