Workers’ Compensation Claims

Any worker who sustains an injury whilst performing their work duties may be entitled to make a claim for workers’ compensation. You do not necessarily have to sustain the injury on the employer’s premises and can even make a claim arising from your usual journey to and from work. Permanent and casual workers alike can lodge a workers’ compensation claim.

Often it is argued by insurers that the worker failed to notify their employer of the injury at the time and therefore it is important that you inform your employer in writing as soon as practicable after your injury.

The main heads of damages available to an injured worker are wage loss, medical expenses, lump sum compensation for actual loss of bodily function, additional lump sum compensation for pain and suffering, compensation for damage to personal property and compensation for the death of a worker.

Motor Accident Claims

A motor accident claim arises from the negligence of a driver or owner of a motor vehicle which causes injury to a pedestrian, passenger or driver of another vehicle. In New South Wales the motor accidents scheme is tightly regulated by the Motor Accidents Compensation Act 1999 which dictates the type an level of damages an injured claimant may recover.

Broadly speaking, an accident victim will be entitled to lump sum compensation for pain and suffering, past and future loss of wages, past and future medical expenses and domestic care. In order to qualify for damages for pain and suffering the level of your injuries will need to be assessed as exceeding a 10% whole person impairment. This is done by medical professionals and if you and the insurer cannot agree, the Motor Accidents Authority can allocate an independent doctor to make a binding assessment.

Public Liability Claims

A Public Liability Claim, colloquially referred to as a ‘slip and fall claim’ is a claim for damages arising from personal injury suffered in a public place. This can be at a park, on a footpath, in a shopping centre and private locations such as homes, reception lounges and so forth.

If ever you are injured in a public place, you should report the incident immediately to the person or body responsible for the premises where the injury took place, preferably in writing. It is important that when you consult your medical practitioner, you ensure that he/she takes detailed notes as to the circumstances in which you were injured. You should then consult a Solicitor.

If you are successful in prosecuting your claim, you will be entitled, depending on the severity of your injuries, to the following:

(a) Lump sum compensation for "pain and suffering" on a sliding scale of up to a maximum of $350,000.00.

(b) Your past and future medical and other "incidental" expenses in a lump sum.

(c) Past and future loss of wages and superannuation in a lump sum.

(d) If applicable, past and future domestic home care and assistance paid in a lump sum.

(e) Other special needs paid in a lump sum.

Victims Compensation

Compensation is available to persons who suffer injury as a result of an act of violence committed by a perpetrator of a criminal offence. In these cases, the perpetrator does not have to be caught for the claim to survive. There is, however, a threshold that victims need to meet in order to qualify for compensation.

Product Liability Claims

A product liability claim is brought against the manufacturer of a faulty product which causes loss and damage to the consumer.

Professional Negligence Claims

A person who holds himself or herself out to be an expert in any specific field is obliged to exercise a reasonable degree of skill and care in his/her work. If a professional does not uphold his/her obligation to exercise necessary skill and care, the client may make a claim for compensation if the professional’s conduct resulted in a loss to the client.

The necessary ingredient in this area of law is causation. In order for such claim to succeed, a plaintiff must satisfy to the court that the negligent act of the professional actually caused the loss.

Medical Negligence Claims

These claims are brought against any medical practitioner, specialist or Hospital for injuries sustained by a claimant as a result of negligence on the part of the health care provider.

Superannuation and Personal Disability claims

If you are no longer able to work and no longer able to perform all duties of your usual occupation full time, you may be entitled to a significant lump sum benefit in addition to any workers compensation or weekly or monthly superannuation payments being paid to you already.