Diana Foye of Foye Legal is representing the Balzans on a pro bono basis, advising them of their legal rights.
‘’We do not know who directed the removal of the unit but our lawyer is looking into this,’’ he said.
Today’s feature interview is with Diana Foye from Foye Legal.
With over 16 years of experience in compensation law Diana felt the need to go out on her own with a unique business model which has the benefit of seeing her clients in their homes or in a satellite office. This way Diana is able to focus more on her clients’needs and at the same time be extremely competitive in the market place.
Listen to Diana’s story below and be sure to share it with your friends to support local business.
EVERY year in Australia, hundreds of people are killed at work.
They leave for the day, kiss their loved ones goodbye and never walk back in the door.
Ben Catanzariti was a part of this sad statistic and it’s almost four years since the concreter was struck by a 39m long boom while working in Canberra.
The night before he died he was bantering with his mother Kay on the phone about the Bulldogs and Manly rugby league game on TV.
Ben had moved to Canberra for work but that meant he was away from his family members who lived in Griffith, a town in the Riverina in NSW. His mother never expected that conversation about the footy to be their last.
While the family was grieving for Ben, Mrs Catanzariti got a phone call from the construction union, and it was like a “hand grenade” had been dropped on the family.
She found out Ben did not have a will and his immediate family was not entitled to claim his workers’ compensation.
There was somebody who ticked the boxes — but who? As far as Mrs Catanzariti knew, Ben wasn’t in a serious relationship.
The 21-year-old also worked as a security guard at PJ O’Reilly’s pub in Tuggeranong in Canberra and the mother thought he often kept different female company.
But Ben had been in a relationship with an 18-year-old woman, Kahlia Boyd, for eight months and she lodged the claim and ended up being awarded a payout of more than $200,000.
With increased mobile phone usage and accidents on the roads, no matter how carefully you are driving, someone else could cause you to have an accident and through no fault of your own you could be left unable to work and without financial support.
The New South Wales Government has recently announced plans to overhaul the compulsory third party (CTP) insurance scheme with the introduction of a “no fault” CTP Green Slip scheme in which everyone will have access to the same compensation. The reforms will lead to insurance companies making decisions as to medical treatment rather than doctors and more motor accident victims fighting insurance companies without legal representation.
Under the New South Wales scheme, insurance companies will ‘drip-feed’ reduced benefits for lost income and treatment expenses to victims, and for most of them the benefits would cease after five years irrespective of whether they have the ability to return to work. It will no longer factor in an allowance for future economic loss for victims.
We predict that this scheme will see similar injustices that are found under the worker’s compensation scheme. This scheme has its flaws, particularly, the assumption that there are only two categories of injury – low and high severity. There is no consideration of moderate severity injuries such as victims suffering fractures, hearing loss, a permanent limp or inability to move their arm above their elbow, just to name a few. After five years it is these people who will not be protected under this scheme.
The Government is predicting that premiums will fall by 10 to 15 per cent. However, this short term gain is outweighed by the long-term concern that motor vehicle accident victims and their families will be paying the price as benefits are significantly reduced to protect insurer profits.
According to Gary Ulman, President of the Law Society of NSW, the new scheme would reduce benefits for up to 95% of injured motorists in NSW.
It seems to us that this new scheme is too simplistic and as a result of the scheme it is those people with moderate injuries who will not be accounted for and protected.
Please get in contact with us if you require advice about this or have been injured in a motor vehicle accident. Alternatively, if you would like more information about the CTP overhaul, please see the links below:
The Law Society of New South Wales provides an overview of the changes, case studies and links to further information here
The Law Society of New South Wales brochure here
List of relevant legislation here
The Foye Legal legal associate is known as the Climate Girl from her www.climategirl.com.au website. She is recognised as a future sustainability leader, was a youth representative on the Eye on Earth Summit in Abu Dhabi and is a World Wild Fund For Nature (WWF), Earth Hour, Unstoppables, Aim For The Stars Foundation. OzHarvest and Enviroweek ambassador.
“I have spoken at four UN conferences. The first when I was 13 in Norway involved speaking in front of 1000 young people from all around the world. My first live speech was in front of 1000 school kids from around the Illawarra on World Environment Day. When I was 14 I launched..Climate Girl.”