Employment Law Litigation and Advisory
Our Legal Practice Manager Stephen Hughes, , is a former employment law partner of several national law firms.
Stephen has over 30 years’ experience working with employer and executive clients in the health, education, manufacturing, mining, transport (road and aviation), gas, building and construction and defence industries. Stephen continues to represent clients in all aspects of employment law and workplace relations including:
Senior employees in both the private sector and government also call upon Stephen’s advice on a wide range of employment matters including remuneration, termination of employment, contractual disputes, workplace investigations, disciplinary proceedings and Crime and Corruption Commission interviews and proceedings.
Work Health and Safety Advisory
Queensland’s work health and safety legislation applies to all workplaces and has relevance even where the person injured is not a worker.
Where it is used as a workplace, the legislation can also apply to motor vehicles in certain circumstances.
Work health and safety legislation and the underlying Codes of Practice are relevant considerations in workers’ compensation and public liability claims. The legislation may also form the basis of quasi-criminal and financial penalty “prosecutions” against dutyholders (which range from “persons conducting a business or undertaking” to individual workers) – with penalties ranging from several thousand dollars through to imprisonment.
Codes of Practice specifically apply to types of work readily identified as being dangerous and a regular source of workplace injury and illness. In recent times the Codes of Practice have extended to psychosocial matters, covering bullying, harassment and suitable support and protections in relation to work readily identified as causing psychological stress and injury.
At Rin Kim Law we are well versed and experienced in work health and safety law; and can advise and represent:
frequently asked questions
How long do I have to file a compensation claim?
The timeframe for filing a compensation claim can vary depending on the claim type and the specifics of the incident. Generally, it is three years from the date of the incident which caused the injury HOWEVER there are some important qualifications to this “limitation period”. Firstly, some injuries can be accrued over a period of time – so while the day the symptoms first appeared is important, it may be that the limitation period started earlier when the circumstances causing the symptoms first commenced. Secondly, Queensland has a variety of legislation which imposes different pre-litigation processes, depending on whether you are claiming for a work accident, car accident or public liability accident. As a result, it is advisable to begin the legal process as soon as possible to ensure all relevant evidence is preserved and that your claim can be protected before the limitation period expires. We recommend contacting Rin Kim Law immediately after an incident to receive support and guidance based on the specific details of your case.
What can I expect during the compensation claim process?
During the compensation claim process, Rin Kim Law will support you and keep you informed every step of the way. We will gather all necessary documentation and evidence, update you on what the prospects of a successful claim are, quantify your potential range of compensation, handle all negotiations, and conduct legal proceedings on your behalf if a negotiated settlement is unable to be reached.
What should I do if I’m injured in a workplace accident?
If you are injured in a workplace accident, you must immediately report the incident to your employer and seek review by a medical practitioner to confirm what injuries you have sustained. Employers (and their workers’ compensation insurer) often contest compensation claims where there is delay in reporting injury, delay in diagnosis and treatment or both. Documenting the circumstances in which you were injured and your injuries is essential in establishing your claim. Contact Rin Kim Law as soon as possible to arrange your complimentary and obligation- free consultation to discuss your situation.
Can Rin Kim Law help if I’m unsure who is at fault?
Our team at Rin Kim Law can assist you in determining who is at fault in relation to your injury. Where necessary, we can conduct thorough investigations and review processes to determine who is likely at fault. Our goal is to ensure you receive compensation when another is at fault, regardless of the complexity of the liability issues.
Does Rin Kim Law work for employers?
Yes. Our Legal Services Manager, Stephen Hughes, has a number of longstanding employer clients, ranging from large multi-nationals to local family businesses. So long as there is no existing conflict of interest (due to an existing personal injury claim against the employer being conducted by Rin Kim Law), we can advise employers across the full range of employment and industrial law advisory work.
What industries are Rin Kim Law familiar with from an employment advisory perspective?
Our Legal Services Manager has, across 30 years of practice, developed employment advisory and work health and safety expertise across mining, aviation, transport & logistics, manufacturing, construction and professional services.
Can Rin Kim Law represent me (either employer representative or employee) for a prosecution under the Work Health and Safety Act 2011 (Qld)?
Yes. Our Legal Services Manager has expertise in appearing at coronial inquests into workplace fatalities and in defending WorkSafe prosecutions, including plea bargaining, drafting and negotiating enforceable undertakings and court defence of prosecutions for both employers and workers.
