New Zealand Law
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Hi,I am Victor ******,and am appealing to you for a legal aid,in a case against a company,that critically injured me whilst at work,following all set safety procedures,as given to me at that time.My injuries have been severe,including a broken back and a severely broken Right Elbow,which had to be replaced with a Steel one.The person which caused all of these injuries?has admitted responsibility,and offered his apologies,but I now am to recieve $117/weekly wages,after being employed at a rate of $22/hour,and a guaranteed minimum set of working hours,of not less than 40-45 hours/week.This then all then equates to more than $117/week,even at 80% of wy wage.The names of all the companies,I would provide if/when you take this case. JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: Auckland JA: Is the employment agreement "at will," union, full time or part time? Customer: I am working for an employment agent,who got me the job ,where I was injured. JA: Anything else you want the lawyer to know before I connect you? Customer: I am a 48 year old male,who had just passed a medical for drivers (class 5) at a Dr ***********,in Auckland.
I am a New Zealand lawyer based in Wellington and will help you with your question today
There are two issues I think with your question. The first is whether the company has been investigated by Worksafe New Zealand, which investigates whether the safety and health and employment issues need to be looked at. In some cases where the employer has been negligent they can be prosecuted for breaches of the act, and there is usually a payment of compensation to the injured worker. The second issue is accident compensation. Normally you get 80% of your last four weeks work income and this can affect your compensation. Sometimes it is necessary to review decisions from the Accident Compensation Corporation, and I would ask whether you have raised any of these issues with them. Have you been earning that income for some time?