Month: January 2011

Hearing Loss

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Hearing loss is the second most significant cause of workplace compensation claims under ACC. Twenty per cent of claimants fail to complete the claims process, and of those that manage to lodge a claim 28% are declined.

Armstrong Thompson specialises in hearing loss claims for cover and entitlement.

Armstrong Thompson provides legal advice to the NZ Audiological Society (NZAS) which represents all practicing audiologists in NZ working in both the public and private sectors. Armstrong Thompson is currently reviewing the Ministry of Health Hearing Aid Project on behalf of NZAS.

 

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Civil Law

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The services Armstrong Thompson Law provides include:

  • Coroners’ Hearings
  • Health and Disabilities
  • Privacy

The Public Law services Armstrong Thompson Law provides include:

  • Inquiries
  • Preparing submissions
  • Representation at select committee
  • Regulations review

The firm has represented organisations before select committee in relation to Bills before the House in particular, amendments to ACC and Employment Law.

We have experience running inquiries, for example into Plumbing, Gasfitting and Drainlaying. This involved running a process, obtaining submissions, considering evidence and writing a report. This report can be viewed on this website.

We are aware of the processes for raising matters with the Regulations Review Committee, and its powers.

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Employment Law

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The employment law services Armstrong Thompson Law provides include:

  • Advice concerning Individual Employment Agreements
  • Drafting clauses for Employment Agreements
  • Personal Grievances
  • Undertaking impartial investigations, adhering to the principles of natural justice
  • Legal representation concerning workplace issues including:
    • Unfair dismissal and disadvantage claims
    • Employer duty to accommodate following injury
The firm acts mainly (but not exclusively) for Unions and workers. We have developed experience in the interpretation of Agreements and the enforcement of the terms within an Agreement. We are aware that a lot can be at stake when a person or business is faced with an employment dispute. We help prepare for meetings and can attend meetings to advocate on a person’s behalf. We understand the importance of providing support throughout the disciplinary process.
If an adverse decision is made, our approach is to find ways to settle the dispute early to avoid protracted litigation and costs. If this cannot be achieved the firm can represent a person at mediation, the Employment Relations Authority and beyond.

Accident Compensation (ACC) Law

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Armstrong Thompson Law is experienced in dealing with a range of ACC legal issues. Our skilled team can help you challenge ACC’s decisions in relation to your claim, and to get the support to which you are entitled.

Although we are based in Wellington and Tauranga, we’re able to assist you in solving your ACC issue no matter where in New Zealand or overseas you’re based. Contact us to discuss your ACC case, or see below for more detailed information on what services we offer.

Assistance with Cover and Entitlement Decisions

The key feature of New Zealand’s accident compensation scheme is cover. Cover means that ACC recognises your injury, and may mean that you can receive compensation and rehabilitative assistance. ACC can help you with medical costs, work retraining and specialist equipment you need.

If ACC declines to cover your injury or decides not to provide you with entitlements, we can challenge that decision on your behalf. Contact us if you have received a decision declining cover or entitlements that you may wish to challenge.

Representation and Advice at Reviews and Appeals

Once we’ve lodged a challenge against a decision, ACC will appoint an independent reviewer to hear your issue. We’re able to represent you at a review hearing, and we can take care of any preparation required. Over our years in practice, we’ve developed close working relationships with many medical professionals, who are able to provide evidence to assist your case.

Following the review hearing, the reviewer will issue a binding decision. If you’re not satisfied with the result of your review hearing, you have the right to appeal to the District Court, which will issue a new decision. In some cases, you may have the right to appeal a District Court decision to the High Court and then Court of Appeal.

ACC law can be complicated and overwhelming for claimants. In our experience, claimants who instruct a lawyer to act for them have greater outcomes in reviews and appeals than those who represent themselves. Contact us if you would like to discuss any of these issues.

General Representation and Advice

We’re also able to assist you with representation and advice in any other dealings with ACC. If you want representation at general meetings with ACC, or at any medical assessments you are required to attend, we are able to assist you with preparation. Our lawyers are also able to attend meetings and assessments with you, to ensure that your views are heard and that you are treated fairly. We’re also experienced at representing clients in mediation hearings and fraud investigations by ACC. If you need assistance in dealing with ACC, contact us to find out more about how we can help you.

Links to other useful websites

https://communitylaw.org.nz/legal-information/

https://www.fairwayresolution.com/acc/reviews/submission

https://www.icra.co.nz/

https://www.wayfinders.org.nz/

https://talkmeetresolve.co.nz/

http://legislation.govt.nz/regulation/public/2002/0081/latest/DLM117426.html

Health & Safety

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Health and Safety law is not just about defending or bringing a prosecution after an accident has already happened. The firm’s specialty is around the development of workplace systems designed to prevent harm. Using the Health and Safety at Work Act 2015 and it’s regulations as a starting point, Hazel is able to work with workers and PCBU’s to develop practical solutions. Hazel has worked with the Workers Education Trust making the risk assessment and the worker participation, engagement and representation systems effective.

Risk assessment is at the heart of the new law, and it requires competency on the part of all involved to achieve a safe workplace. Off the shelf products cannot replace an analysis of the unique needs and risks within an organisation.

Hazel has worked with the Workers’ Education Trust to develop the stages 1, 2 and 3 course materials for the Worksafe for Health and Safety Representative Training Course Workbook.

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