Have you been injured in
a motor vehicle accident ?
with Anthony McDonnell of McDonnell Schroder
What is a minor injury ?
The definitions of minor or nonminor injury were legislated in the Motor Accidents Injuries Act 2017 . It applies to injured persons injured in a motor vehicle accident occurring in NSW from midnight 1 December 2017 .
Examples of minor injury
• soft tissue injury ; these are injuries to the soft tissues of your body , for example , your muscles . The most common soft tissue injury after an accident is a whiplash injury , which often results in neck pain .
• psychological or psychiatric injury ; in general , if the injury is not a recognised psychiatric injury , it is a minor injury . However , there are two psychiatric conditions under this law , that are minor injuries : Adjustment Disorder and Acute Stress Disorder .
The insurer initially decides whether your injury is minor or non-minor . Recent statistics have shown that injured persons have greater success in having
their injury classified as a non-minor injury if the injured person is legally represented . Another reason to not just accept an insurer ’ s decision !
Even if legally represented an insurer may maintain its decision that it is a minor injury .
There is an insurer internal review available . Personally , in my experience it tends to just confirm the insurer ’ s original decision .
However , after the internal review there is a further appeal to the Personal Injury Commission . Again , in my experience there is a much-improved chance to have your injury classified as non-minor .
The difference in compensation between minor and non-minor can be substantial . It is worth at least obtaining legal advice .
There are accredited specialist lawyers in Personal Injury Law who are highly qualified to give further detailed advice in all areas of personal injury law , including motor vehicle accidents and workplace injuries .
I am a Personal Injury Law accredited specialist . Contact me at McDonnell Schroder on 9622 1155 .
This article is written in a general non-specific manner . Always contact your solicitor for specific legal advice .
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McDonnell Schroder Solicitors and Conveyancers Shop 3 , 103 Railway Terrace Schofields OR our Blacktown office - 121 Main Street , Blacktown T : ( 02 ) 9622 1155 E : admin @ mcdonnellschroder . com . au
Does social media assist in building a business ?
with Victoria Ciccone Legal Assistant and Law Student
The words ‘ social media ’ are used as a collective term to describe websites and applications that focus on communication , communitybased input , interaction , contentsharing , and collaboration . Social media connectivity has revolutionised the way that businesses reach out to their potential client base , as well as increased visibility within their marketplace .
There are positive and negative aspects to social media and these come with legal implications . Positives Advantages to using social media to build your business include : 1 . Attract potential customers 2 . Get customer feedback 3 . Keep an eye on competitors 4 . Increase traffic to your website 5 . Reduce marketing costs Negatives The negative side of using social media to build your business is :
1 . Needing additional resources to manage your online presence , eg Wi-Fi
2 . Social media is immediate and needs active daily monitoring
3 . You may get unwanted or inappropriate behaviour on your social media site
4 . False or misleading claims made on your social media by
customers LEGAL IMPLICATIONS OF USING
SOCIAL MEDIA 1 . Copyright infringement You must make sure that the images you use to advertise your business are free for you to use . Using images of people using your services or products requires a consent form . 2 . Misleading conduct Any claims made on social media should be substantiated , as should any comparisons with competitors . 3 . Privacy and confidentiality A business subject to privacy laws cannot collect , use , disclose or store anyone ’ s personal information without complying with these privacy laws . 4 . Defamation This is where you are posting conduct that will damage or injure a third party ’ s reputation , including ‘ sharing ’ a defamatory comment made by someone else . You are responsible for staff content . 5 . Advertising standards The Advertising Standard Bureau ( ASB ) administers codes relating to the content that you can and cannot post to advertise your business .
These codes generally govern the use of strong language , portrayal of sex , sexuality , nudity , violence , and other content that may offend prevailing community standards . 6 . Competitions on social media Have you ever seen those posts telling you to tag a certain amount of people in the comments to win a prize ?
Although they are a great idea , there are certain complex legal requirements .
For example , Facebook ’ s policy says that you are lawfully responsible for providing official rules , terms , and eligibility requirements for the competition .
MINIMISING SOCIAL MEDIA RISKS IN YOUR BUSINESS
You must remember that social media marketing is just that .
If you are not sure about what you can or cannot say , as well as to minimise your legal risk when using social media to grow your business , you need experienced and knowledgeable legal advisors on your side .
There are also various other reasons to contact a social media lawyer to ensure your intellectual property , specifically
Legal advisors in this area can help you apply for registered design rights , trademarks , patents , and copyright . Ensure you are aware of terms and conditions for each social media site , particularly with intellectual property . A social media policy for your business is a must ! Call ( 02 ) 8858 3211 .
NB : Victoria Ciccone is a law student and legal assistant under the supervision of
Katherine Hawes , the Principal Solicitor of Digital Age Lawyers .
OUR SERVICES INCLUDE Commercial Law • Digital & Social Media Law • Asset & Property Management • Estate Planning • Family Law • Litigation Specialist • Solicitor Advocate
We empower you to deal with future legal issues , so you are protected into the 22nd Century .
Legal Strategy Session $ 275 + GST
Sydney | Greater Western Sydney | Blue Mountains
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02 8858 3211
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THE HAWKESBURY INDEPENDENT theindependentmagazine . com . au ISSUE 145 // JUNE 2022 17