Toby Tancred Solicitor in Orange, New South Wales | Lawyer & law firm

Toby Tancred Solicitor

Locality: Orange, New South Wales

Phone: 6362 1210

Address: 26 William Street 2800 Orange, NSW, Australia

Website: http://www.tobytancred.com.au

Likes: 490

Add/Update information

Reviews

Tags

• Local service
• Lawyer & law firm

24.01.2022 Why won’t the insurer pay my claim? As an injured worker, an insurer will come up with all sorts of reasons not to pay you proper compensation. Regardless of the reason for the dispute, Toby Tancred is able to apply to the Workers Compensation Independent Review Office (WIRO) for funding to have your claim determined by the Workers Compensation Commission. The Commission is an independent NSW tribunal that makes decisions about claims for compensation by injured workers. ...As an injured worker you are entitled to be advised and represented in the Commission by Toby Tancred. The Workers Compensation Independent Review Office (WIRO) can assist by providing all funding for this legal advice and representation. As an injured worker you will not pay a cent for being represented by Toby Tancred in the Commission. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help all injured workers in difficult times. For all injured workers Toby Tancred will obtain and prepare all evidence that is necessary to help you obtain compensation for your work injury. Toby Tancred will ensure you have the best and most powerful representation in your dispute with the insurer. Toby Tancred will do everything that can be done to obtain compensation for your work injury. Toby Tancred has represented and obtained compensation for hundreds of injured workers, particularly injured workers who live in regional and rural areas.

23.01.2022 Toby Tancred discusses the legal aspects of the Office Christmas Party with Neil Gill of Triple M Radio https://omny.fm//triple-m-central-west-breakf/toby-tancred

23.01.2022 Those looking after us need looking after too The NSW Court of Appeal decision of Sills v State of New South Wales [2019] NSWCA 4 is an encouraging result for injured workers in NSW, overturning a previous decision of the District Court. The Appellant, Ms Melanie Sills, was a police officer working at Tuggerah Lakes Local Area Command. She alleged that during the course of her employment from 2003 to 2012 she was exposed to numerous traumatic incidents that resulted in psych...ological and psychiatric injury. She alleged that the State of New South Wales breached its duty of care by failing to follow the very system it had in place for detecting and addressing psychological injury. Despite being aware that Ms Sills was suffering from Post-Traumatic Stress Disorder the State allowed her to return to duties that were likely to expose her to further traumatic incidents. The State did not follow the recommendations of the Police Medical Officer and Police Psychologist. The State did not provide appropriate psychological counselling to teach Ms Sills to deal with past and future traumatic events. The State did not provide any personal support to monitor her welfare as recommended. Ms Sills’ return to work did indeed expose her to further traumatic events within a short period of time. Justice Sackville of the Court of Appeal acknowledged that psychiatric personal injury claims arising due to an alleged breach of duty by an employer can be difficult to establish. He stated The difficulties are exacerbated when claimants, such as police officers, have responsibilities that necessarily expose them to the risk of psychological injury. However he found that in this case, the State did breach its duty as it was acutely aware of Ms Sills’ psychological injury and did not follow the relevant system in place or implement recommendations of medical staff. Ms Sills was awarded common law damages exceeding $1 million. This figure comprised damages for past and future loss of earnings and superannuation and was calculated by reference to undisputed medical evidence which stated she was unemployable and totally incapacitated for work due to her injuries. It is reassuring to know that the Courts will apply the law to ensure that people who are exposed to dangerous and traumatic incidents in the workplace are adequately compensated in the event they sustain injury.

22.01.2022 How will my family cope? In 2016 there were over 90 reported deaths in the workplace. It is difficult to imagine the impact the death of a family member has on those left behind, particularly when the death occurs at work. It is common for workplace deaths to occur while a worker is driving to or from their place of work. Toby Tancred can assist by guiding families through the death benefits process. Families can find dealing with insurers and the workers compensatio...n scheme complicated and upsetting. Family members are entitled to be advised by Toby Tancred. The Workers Compensation Independent Review Office (WIRO) can assist by providing funding for this legal advice. The family or Estate of a deceased worker can receive funeral expenses up to $15,000, compensation of the deceased worker of over $800,000 and a weekly payment for each child of the deceased worker until they attain the age of 16, or 21 if they continue studying. These weekly payments are currently indexed at over $140 per week per child. A claim for death benefits should be lodged with the deceased worker’s employer or its insurer within six months of the date of death. A death benefits claim can be brought by the deceased worker’s Estate or a family member. If the insurer accepts the claim it will attend to direct payment of your compensation. However, if the insurer disputes your claim Toby Tancred will need to take further action on your behalf. This may involve the need to have the claim for death benefits decided by the Workers Compensation Commission. This process can also be funded by WIRO. Toby Tancred has acted for the families of many deceased workers in incredibly trying times. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help families navigate the death benefits process.

20.01.2022 COVID-19 impacts in the workplace I have fielded a lot of calls and enquiries from employers and employees over the last few days relating to leave and other employee entitlements. The Covid 19 virus creates a situation for employers that will necessarily require reductions in staff levels or indeed temporary suspension of trading ie shutting the doors. With this in mind I provide the following information. The Fair Work Act and the Industrial Relations Act make provision f...or an employer to stand down an employee during periods in which the employee cannot usefully be employed for reasons that the employer cannot reasonably be held responsible. There is little doubt that Covid 19 would provide reason for a stand down of employees. An employer can terminate any employee's employment if, for operational or other reasons, the employee's position becomes redundant. A redundancy is when an employer does not need an employee’s job to be done by anyone. That redundancy will, in the situation of Covid 19 virus affecting the employer's ability to continue to trade, be regarded as a genuine redundancy and would not be an unfair dismissal. Under the Long Service Leave Act (NSW) an employer can, subject to some very limited exceptions that will probably not apply during the current Covid 19 virus situation, direct any employee to take accrued long service leave. An employer's ability to direct or force any employee to take unused annual leave is normally dealt with in the relevant award, employment instrument or the contract of employment. A direction to take annual leave is likely to be regarded as reasonable if an employee has excessive annual leave or if the employer's business is being shut down for a period due to circumstances beyond the employer’s control such as lack of trade due to the Covid 19 virus. If a government direction or order that is legally enforceable prevents an employee from working then the employer is not required to pay that employee unless there are other unpaid leave entitlements that the employee can take. If an employee is sick with Covid 19 virus, or an employee's family member is sick with Covid 19 virus requiring the employee’s care, then the employee can take accrued paid sick leave. In most other circumstances where an employee simply wishes to avoid coming to work because of a risk of contracting Covid19 virus it is likely that sick leave would not be payable. Until and unless there is an enforceable government direction requiring people to stay at home my team and I will be coming to work, continuing to work on our clients cases and will always be available for advice in relation to new enquiries. We are discouraging active face-to-face appointments or personal attendances at our office but can be reached by email or phone.

20.01.2022 Do you care? Percy Raines was married to Robin Raines and had two adult children, Stephen and Richard Raines. The family met with a series of unfortunate occurrences. In 1981, Robin was injured and had to undergo two back operations. She continued to experience health problems. In 1996, Richard suffered a severe traumatic brain injury in a motor vehicle accident during the course of his employment. He was entitled to compensation under the Workers Compensation Act 1987 (...Continue reading

18.01.2022 This wasn’t just an accident, my employer was negligent A work injury is often the result of the negligence of an employer. If there is negligence on the part of your employer, as an injured worker, you can claim Work Injury Damages. Work Injury Damages compensate you as an injured worker for your inability to return to your pre-injury employment. Damages are payable for past wage loss from the date of your injury and future wage loss to retirement age. Past and future ...loss of superannuation is also payable to you as an injured worker. Your Work Injury Damages, as an injured worker, are paid to you in a lump sum. This lump sum is tax free and means that you can move on with your life and have no further dealings with the insurer. A claim for Work Injury Damages must be commenced no later than three years following the date of your injury. A claim can be brought outside this period in some circumstances but as an injured worker you should not delay obtaining advice from Toby Tancred. As an injured worker you must have permanent impairment of 15% and be able to prove your injury was caused by the negligence of your employer, that is, they failed to provide a safe workplace or a safe system of work. Toby Tancred has the experience, knowledge and ability to obtain all the evidence that is necessary to prove that there has been negligence on the part of your employer. As an injured worker you almost always participate in Mediation in the Workers Compensation Commission with your employer and its insurer. Many claims for Work Injury Damages by an injured worker resolve at Mediation. If your claim for Work Injury Damages does not resolve at Mediation then Toby Tancred will represent you in Court proceedings to recover your Work Injury Damages. Toby Tancred has recovered millions of dollars in Work Injury Damages for hundreds of injured workers, particularly injured workers living in regional and rural areas. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help you as an injured worker obtain your Work Injury Damages.

17.01.2022 The school holidays are over and means are superstar juniors are back this weekend! Noah Maguire and the John Cook Real Estate under 13s take on Orange ...City Junior Rugby at Pride Park while the Canobolas Glass under 15s and Farmgate Butchery Orange under 17s are at Grinsted Oval against Forbes Junior Rugby. But wait, there's more. We're hosting the first Central West Junior Rugby Union Wallas Gala Day of the season on Sunday too, so get down to Endeavour Oval from about 8.30am to cheer on the Benchmark under 7s, Toby Tancred Solicitor under 9s and Zylem under 11s. Penny Chandler-Sullivan #StillOurTime #BringItOn

16.01.2022 I’m not the same person I was before my injury As an injured worker, if your work injury has left you with permanent damage you may be entitled to permanent impairment compensation. Permanent damage can be physical and also psychological and sometimes both. Toby Tancred will apply to the Workers Compensation Independent Review Office (WIRO) for funding of the cost of your treating doctors’ medical records. Toby Tancred will also request funding from WIRO to arrange a...n appointment for you to be assessed by an independent doctor to determine the level of permanent impairment arising from your work injury. If an independent doctor assesses your level of permanent impairment, as an injured worker, to be at a sufficient level, Toby Tancred will lodge a claim for permanent impairment compensation on your behalf. The insurer has 60 days to either accept or dispute your claim. The insurer may wish to have you assessed by their own doctor during this period. If the insurer accepts your claim it will attend to direct payment of your compensation. However, if the insurer disputes your claim Toby Tancred will need to take further action on your behalf. This may involve the need to have your claim for permanent impairment compensation decided by the Workers Compensation Commission. As an injured worker you are entitled to be advised by Toby Tancred. The Workers Compensation Independent Review Office (WIRO) can assist by providing funding for this legal advice. WIRO provides funding to approved Solicitors to investigate the claim, provide advice to you as an injured worker, and deal with the employer and insurer on your behalf. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help all injured workers in difficult times.

13.01.2022 My life changed in an instant" Work injuries present in various ways. People usually associate a work injury with physical injuries that arise from a specific incident. Work injuries can also arise from long-term day to day work over an extended period. Employment can cause a psychological injury, for example, due to bullying and harassment or exposure to a traumatic event in the workplace. Work injuries can be disease injuries, for example, skin cancer or repetitive str...ain injuries. A work injury can arise on a journey to or from work. Work injuries can result in death. If you are injured at work you must report your injury to your employer as soon as possible. If you cannot or do not wish to report your injury directly to your employer, you should visit your doctor and tell them what has happened. Your doctor will provide a medical Certificate of Capacity. You can then report the injury. A claim for work injury should be lodged with your employer or its insurer within six months of the date of your injury, or the date of incapacity. In some circumstances, a claim for work injury can be made later if you have a reasonable excuse for not making the claim sooner. A claim can be made for weekly compensation, medical expenses, travel expenses, home modification expenses, death benefits, permanent impairment compensation, domestic assistance, or a combination of all of these depending on the severity of the work injury. Injured workers can find dealing with insurers and the workers compensation scheme complicated and time consuming. As an injured worker you are entitled to be advised by Toby Tancred. The Workers Compensation Independent Review Office (WIRO) can assist by providing funding for this legal advice. WIRO provides funding to approved Solicitors to investigate the claim, provide advice to you as an injured worker, and deal with the employer and insurer on your behalf. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help all injured workers in difficult times.

13.01.2022 Same but different This month, the New South Wales Court of Appeal overturned a decision of the President of the Worker’s Compensation Commission. Dr James Gardiner commenced working for Laing O’Rourke Australia Construction Pty Ltd in 2011. His employment was terminated in 2018. Immediately following his termination, Dr Gardiner lodged a complaint under the Anti-Discrimination Act 1977 citing workplace discrimination and victimisation due to his disability. Dr Gardiner ...Continue reading

12.01.2022 Pro Bono Covid 19 Legal Clinic The Covid 19 virus is causing significant anxiety and fear in many people at the moment. Unfortunately, some of this fear and anxiety is being fuelled by misinformation, or at the least, uncertainty on people’s part about their current situation and what the future holds. For the immediate future I have decided to conduct a Pro Bono (ie free of any charge) Legal Clinic every Tuesday afternoon from the hours of 2:00pm to 5:30pm. Any person se...eking legal advice regarding the impact upon them of the Covid 19 virus can telephone my office on 6362 1210 and speak to me. It may be that I will not be able to immediately speak with you by telephone but someone will handle your call and arrange a time for me to speak with you. Let us all remember that this current situation will in time pass and that we should all do what we can to help each other through this uncertain period.

12.01.2022 The NSW legal community in consultation with the various agencies has formalised a coordinated state-wide plan to provide free legal assistance for people impacted by the bushfires. The partnership between Legal Aid NSW, community legal centres, the Law Society of NSW, Justice Connect and the NSW Bar Association will ensure that people impacted by the bushfires will be able to access invaluable legal assistance. People impacted by the bushfires can access free legal help via ...the NSW Government's Disaster Response Legal Service. The helpline number is 1800 801 529. People needing assistance will be referred to Legal Aid NSW or community legal centres, which have already provided legal assistance throughout the bushfire season for people navigating insurance claims, tenancy issues, financial hardship, social security entitlements and employment issues. Individuals or small businesses (including farms) not eligible for assistance from legal aid or a community legal centre will be referred to Justice Connect via a dedicated online referral tool. Justice Connect will triage matters and distribute them to law practices via its Pro Bono Portal. To find the Justice Connect Website, type Justice Connect into your search engine. Toby Tancred has registered with Justice Connect in order to provide Pro Bono (no fee) advice and assistance to people who have been affected by the terrible bushfires.

10.01.2022 The consequences of hard work A recent decision of the Supreme Court of Gatt v State of New South Wales [2019] NSWSC 451 highlights the need for injured workers to retain expert legal advisors. Mr Gatt commenced employment with the NSW Ambulance Service in 1980. On 1 February 1993 he injured his right shoulder in a helicopter crash during a rescue operation. He continued to work despite ongoing pain and reduced movement in his right shoulder. On 3 December 2011 Mr Gatt s...Continue reading

09.01.2022 Insurers watch your backs! While I know it to be true, it’s nice to be reminded once in a while that insurers aren’t above the law. On 28 November 2018 McCallum J handed down her judgment in the Supreme Court case of Employers Mutual Limited v Heise [2018] NSWSC 1842.... The case revolved around Ms Heise, a former NSW police officer who had been discharged on medical grounds. In April 2017, Ms Heise lodged a workers compensation claim with Employers Mutual Limited (EML) claiming permanent impairment for psychological injury. Despite various correspondence from the Solicitor representing Ms Heise to EML including correspondence by letter, email and phone on at least nine occasions between April 2017 and July 2018, some fifteen months later, EML did not make a determination of Ms Heise’s claim. On 25 July 2018 the Solicitor for Ms Heise commenced a private criminal prosecution against EML alleging that they were in breach of s283(1) of the Workers Injury Management and Workers Compensation Act 1998 (NSW) (WIMA) which states a person who fails to determine a claim as and when required by this Part is guilty of an offence unless the person has a reasonable excuse for the failure. On 30 October 2018 the Local Court issued a Court Attendance Notice on EML in relation to the alleged breach. As McCallum J eloquently noted in her judgment with a measure of expedition which must have seemed unfamiliar to Ms Heise, Employers Mutual Limited approached the duty judge, Fagan J, last Tuesday, 20 November 2018 filing a Summons seeking the Court Attendance Notice issued against them be quashed and declared void, invalid and of no effect. McCallum J held that the Summons of EML should be dismissed and the Court Attendance Notice against EML should stand. She stated Ms Heise, as well as the State Insurance Regulatory Authority (SIRA) had a right to commence private criminal proceedings against EML. This right came from s245(5) of the WIMA which provides proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts may be instituted by (but not only by) the Authority. McCallum J’s decision provides authority for the proposition that SIRA does not hold a monopoly regarding the prosecution of offences against insurers. It strengthens the position of workers’ which can only be seen as a positive development in the workers compensation landscape.

07.01.2022 What help is available to get me through this? Toby Tancred can advise you as to whether you are eligible to lodge a workers compensation claim for work injury and can lodge any claims for workers compensation on your behalf. If you are unable to work, you may be entitled to weekly compensation. ... For the first 13 weeks after an injury, as an injured worker you are eligible to receive 95% of your pre-injury weekly earnings. Up to 130 weeks after a work injury, you are eligible to receive 80% of your pre-injury weekly earnings. As an injured worker you may continue to receive weekly compensation up to five years after a work injury if you are unable to work. After five years, as an injured worker you will continue to receive weekly compensation if you have a serious injury and are assessed as an injured worker with high needs. If you require medical treatment due to your work injury, you may be entitled to payment of your medical expenses and expenses associated with medical treatment such as travel expenses. As an injured worker, while ever you receive weekly compensation you also receive medical expenses. Very often, as an injured worker, you might require surgery to help you recover from your work injury. You are entitled to have a surgeon of your choice perform the surgery and you are entitled to all expenses associated with the surgery including hospital fees and rehabilitation expenses. Injured workers can find dealing with insurers and the workers compensation scheme complicated and time consuming. Often an insurer will tell an injured worker that it is not going to pay for medical treatment. As an injured worker you are entitled to be advised by Toby Tancred. The Workers Compensation Independent Review Office (WIRO) can assist by providing funding for this legal advice. WIRO provides funding to approved Solicitors to investigate the claim, provide advice to you as an injured worker, and deal with the employer and insurer on your behalf. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help all injured workers in difficult times.

06.01.2022 A scheme creating more hurt? The NSW Green Slip motor accident compensation scheme was overhauled in December 2017 at the urging of the Insurance industry. The most recent figures from the State Insurance Regulatory Authority (SIRA) report, Green Slip scheme quarterly insights June quarter 2019, indicates that over 18,000 claims have been lodged under the new scheme. It can therefore be fairly asked, is the scheme doing enough to help those injured in motor accidents? I...Continue reading

06.01.2022 Toby Tancred Solicitor will close on Friday, 21 December 2018 and re-open on Monday, 14 January 2019. We wish our clients and the community a wonderful festive season.

06.01.2022 I congratulate Melissa Arndell who was today admitted as a Solicitor of the Supreme Court of New South Wales. I would like to have moved Melissa’s admission at a ceremony conducted by the Chief Justice of the Supreme Court in Sydney. Unfortunately, the usual ceremonial admission did not occur. Nonetheless Melissa was today admitted as a Solicitor of the Supreme Court of New South Wales. Melissa has managed a full-time study load, topping her cohort in many subjects, has worked in furthering her legal career and has all the while raised her three young children with her husband Tom. I have worked with Melissa for eight years and she has at all times been professional, hardworking and dedicated. I am delighted that Melissa now joins me to help the people of Orange and surrounds when they are in a time of need.

05.01.2022 But I wasn’t at work when it happened A work injury can occur outside of the workplace. Some injured workers do not realise this and incorrectly believe they are only entitled to compensation if their injury occurs within their workplace. It is common for work injuries to arise on a journey to or from work. A journey injury can include a motor vehicle accident while a worker is travelling to or from work or a slip or trip injury while a worker is walking to or from their... workplace. Journey injuries can also arise when a worker is travelling to different work sites, an educational institution relevant to their work for training or study or to a social event that has been organised by their employer. Travel between the workplaces of two different employers is also included. The key to making a journey claim is for an injured worker to establish there is a real and substantial connection between their employment and their work injury. As with other work injuries, an injured worker is entitled to be advised by Toby Tancred. The Workers Compensation Independent Review Office (WIRO) can assist by providing funding for this legal advice. For journey claims that arise out of motor vehicle accidents, there may be overlap between the workers compensation and motor vehicle accident schemes so it is even more important injured workers obtain expert legal advice. WIRO provides funding to approved Solicitors to investigate your journey claim, provide advice to you as an injured worker, and deal with the employer and insurer on your behalf. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help all injured workers.

05.01.2022 You've heard plenty about our Central West Rugby Union senior and junior success, but we CANNOT forget about our Wallas, who all came along in leaps and bounds ...in 2020 With five teams across the three age groups, we couldn't be happier to see so many youngsters playing rugby and loving it Here's a few of those little legends from our Benchmark Under 6, Zylem Under 10 and Toby Tancred Solicitor Under 8 outfits - we had two sides in the last two age groups as well. A huge thank you to our Wallas sponsors too, they've all been with us a long time and their contributions and support of junior rugby and our club can't be underestimated.

02.01.2022 Not the Christmas present she was hoping for December has arrived which means work Christmas party season is upon us. State Super Financial Services Australia Limited v McCoy [2018] NSWWCCPD 26 reminds employees to be careful and employers that they can be held liable for injuries before and after the annual festive period bash. On 5 December 2013 Ms McCoy was walking from her hotel, where she planned to stay that night, to the venue of her work Christmas party. She fell ...on uneven paving and injured her right ankle which required surgery and caused varying medical complications. Ms McCoy claimed that she fell because she was fatigued after a long day at work and hurrying to get to the party on time. Journey claims have long been the subject of litigation in the workers compensation realm. Is an employer liable to pay workers compensation for an injury suffered by an employee on their journey to and from work? Section 10 of the Workers Compensation Act states compensation is payable for the daily or other periodic journeys between the worker's place of abode and place of employment if there is a real and substantial connection between the employment and the accident or incident out of which the personal injury arose. In the first instance, the Arbitrator found that Ms McCoy’s claim was indeed a journey claim and that there was a real and substantial connection between her injury and her employment. Ms McCoy’s employer appealed this decision, but the appeal was dismissed. President Keating held that s10 requires a finding that there was a real and substantial connection between the injury sustained and the employment. However, employment does not have to be the only or even the main cause. The employer had not challenged Ms McCoy’s evidence relating to the reasons for her fall and so it was up to the Arbitrator to determine whether there was a real and substantial connection between her injury and her employment which he duly did. President Keating accepted that the evidence of Ms McCoy was logical and dismissed the appeal. Ms McCoy was successful and was awarded weekly payments, medical and related treatment expenses and lump sum compensation.