- Claiming Compensation in Australia
- What are the Common Types of Compensation Claims?
- Can I Make a Compensation Claim?
- Steps to Making Successful Compensation Claims
- Who is Responsible for Paying Compensation Benefits?
- Types of Injuries Covered by Compensation Insurance Policies
- Common Challenges with the Compensation Claim Process
- Get Effective Legal Advice for Compensation Claims
Claiming Compensation in Australia
In Australia, it is common for injured people to claim compensation when they are harmed in a wide range of circumstances. This type of legal case is a formal request for a financial settlement of a loss incurred by a physical injury, illness, or psychological disorder, often caused by an accident.
The person making a claim can be an individual, a business, or another entity that has incurred damages in an incident that was not their fault. A successful settlement connects your damage to the loss that resulted from another party’s negligence, intentional act, or omission.
How Much Do I Get in a Compensation Payout?
When successful, a compensation payout gives you financial benefits such as medical bills and lost wages from being unable to work due to injury or illness. You could also receive damages for pain and suffering, lost enjoyment of life, and punitive damages if negotiated as part of your settlement.
Winning your claim is essential in recovering from a loss caused by someone else’s duty of care failure. Knowing which type of claim is right for you is the key to getting started, so read on to learn more about claiming personal injury benefits, including the different types of compensation claims! First, let’s understand your legal right to be compensated.
What is Your Right to Seek Compensation?
Your right to claim compensation for a loss is legally protected, allowing you to seek common law damages when someone else’s negligence has caused you harm. The purpose of your lump sum payout is to restore your life to where it would have been had your incident not happened.
Below is a list of the significant personal injury compensation legislation in Australia.
- Personal Injuries Proceedings Act (PIPA) 2002 in Queensland
- Civil Liability Act 2002 in New South Wales
- The Wrongs Act 1958, the Transport Accident Act 1986 and the Workplace Injury Rehabilitation and Compensation Act 2013 all service various compensation claims in Victoria.
- The Civil Liability Act 1936 in South Australia
- The Occupier’s Liability Act 1984, The Civil Liability Act 2002 and the Criminal Injuries Compensation Act 2003 all service various compensation claims within Western Australia
- Personal Injuries (Liabilities and Damages) Act 2003 in The Northern Territory of Australia
What is my claim worth?
What are the Common Types of Compensation Claims?
Knowing common types of compensation claims is valuable information when you are injured in unexpected circumstances and believe you could seek restitution. There are several different types of personal injury claims you could pursue to receive a lump sum payout, including:
- Motor Vehicle Accidents
- Workers Compensation (WorkCover Claim)
- Medical Negligence Claims
- Public Liability Claims
- Professional Negligence
- Total and Permanent Disability (TPD) Claims
1. Motor Vehicle Accidents
You could submit a traffic accident claim when you have a motor vehicle accident injury. Car accidents, in particular, can have severe physical and psychological consequences, disrupting your everyday life and preventing you from earning an income.
A successful motor vehicle compensation claim relies on proving who was at fault for the collision. You should know that even if you were partly to blame for the incident, you could still have a valid case. You will have contributory negligence in this situation, and your payout will be reduced accordingly. Of course, a skilled car accident lawyer would seek to minimise your contribution level so you can access all your entitlements under the CTP scheme.
Claims for road accident compensation arise from different types of traffic accidents, such as:
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian Accidents
- Public transport accidents
- Taxi, Uber and Rideshare accidents.
- E-scooter accidents.
In some cases, your traffic accident claim case may fall under a different area of law depending on where and how your incident happened. For example:
- Car accidents when travelling for work purposes could be a workers’ compensation claim
- E-scooter accidents on council footpaths could be a public liability claim.
2. Workers Compensation Claims (WorkCover)
Workers’ compensation claims aim to help employees with a work-related injury caused by their employer’s negligence or unsafe work conditions. You could seek WorkCover benefits when you have a physical work injury or suffer a work-related mental illness.
Be aware that you have the legal right to a safe and healthy workplace in Australia. When your boss fails to take reasonable steps to protect you from harm, you can seek restitution for your loss.
An expert workers’ compensation lawyer will provide invaluable support and guide you through the process of claiming WorkCover benefits. The legal team at Splatt Lawyers has been helping injured workers for close to three decades and has a comprehensive understanding of the workers’ compensation scheme. When successful, you could receive benefits such as:
- Weekly income
- Your medical and rehab expenses
- Travel costs
- Lum-sum payment for permanent impairment
- Death benefit and funeral expenses
Work Mental Health Claims
Unfortunately, as demands for greater productivity and corporate profits have increased, so has the rise of work mental health compensation claims. When your employer does not do enough to protect your sanity on the job, and you suffer psychological damage, you could be owed compensation for:
- A new mental illness
- Worsening of an existing condition.
Some common situations giving rise to a workplace mental health compensation claim include:
- Work stress
- Work-related anxiety and depression
- Bullying and Harassment
- Unreasonable work demands.
- Unreasonable management action
Psychiatric disorders can severely disrupt your life and the life of your loved ones. When this happens to you, get the expert legal support you need to get back on track. Once Splatt Lawyers are on your side, we will negotiate with your employer and WorkCover to ensure you have the funds and medical treatment you need to get on with your life.
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3. Medical Negligence Claims
When a medical practitioner, like a general practitioner, doctor, or specialist, has provided inadequate care and you are harmed, you could make a claim for medical negligence. Medical practitioners must follow professional standards, and violating those rules is significant. A qualified negligence lawyer can assist when seeking compensation for a loss caused by:
- Insufficient risk advice before a medical procedure
- Incorrect prescribing of medications
- Wrong interpretation of medical reports
Medical negligence cases are a particularly complex area of compensation law, requiring the support of a lawyer with comprehensive experience in these matters.
4. Public Liability Claims
Everyone owes a duty of care to others, particularly when using a public space, venue, sporting arena, council-owned property, or product you have purchased. You can make a public liability claim when something goes wrong in a long list of situations, the main ones being:
- A slip-and-fall accident
- When a defective product or service causes you harm
- Injuries due to insufficient safety procedures in public places
- Gym and personal trainer injuries
- Recreational and sporting injuries
- School bullying injuries
- Dog attacks
- Food poisoning
- Rental property injuries
If you believe you an insurer should compensate you for a public liability accident, first seek treatment, then collate your evidence. These documents include photos and video of the accident scene, incident reports, medical assessments, and witness statements as soon as possible.
Proving liability for public-place accidents can sometimes be quite challenging. Still, with sufficient evidence and the support of an experienced public liability lawyer, you could have a successful compensation claim payout.
5. Professional Negligence Claims
A professional who fails to provide a service with the required skill and care could be liable for professional negligence. You can claim compensation when you have paid for a professional service and their inferior work or defective administration has caused you a financial loss. Professional negligence claims can arise in almost any industry, including:
- Accountants who failed to do their work properly or file tax returns on time
- Lawyers who gave you dodgy legal advice
- Financial advisors who steered you in the wrong direction
- Property valuers who gave you an incorrect valuation
- Agronomists who provided lousy farming advice
There are many circumstances where a professional could fail their owed duty when providing a service. Be aware that limit limits apply for commencing action as outlined in The Limitation of Actions Act 1974 (QLD). Contact our knowledgeable professional negligence lawyers to find out if you can make a claim for damages brought on by bad advice. Quick, decisive action will increase your chances of success.
6. Total and Permanent Disability (TPD) Claims
Strictly speaking, a Total and Permanent Disability (TPD) Claim is not compensation. However, it is a prevalent insurance claim associated with personal injury. In fact, many people who win common law damages also receive a lump sum TPD payout.
A TPD claim is made against a TPD insurance typically contained within a superannuation policy. To succeed, you must prove you can no longer work in your regular occupation (or one you are trained in) due to your injury. The law of negligence does not apply in TPD matters, so there is no requirement to prove who caused you harm. It would be best if you simply met the TPD definition contained within your insurance coverage.
The insurer will usually seek to minimise or deny your benefit payout, as doing so does not support their bottom line. Success relies on the assistance of a skilled insurance claim lawyer with a strong track record for winning this type of case.
The team at Splatt Lawyers has a 99% TPD claim success rate. Rely on our expertise to access all your disability insurance entitlements. It’s free to start, and our 100% no win, no fee policy means you pay only when you win, and nothing if you lose.
Can I Make a Compensation Claim?
Knowing if you can make a compensation claim and the personal injury legislation that applies to you is best assessed by a personal injury lawyer. Splatt Lawyers’ team of experienced litigation lawyers will help you know your entitlements for free, including:
- Your legibility to seek compensation
- The approximate value of your case
- Your chance of success
- How does our 100% no win, no fee funding provide no financial risk
Steps to Making Successful Compensation Claims
To have a successful claim, you must provide compelling proof that the negligent act or omission caused your damage and loss. Accessing your lump sum payout relies on quantifiable harm, allowing settlement calculation. For example, to be paid for your medical bills, you must provide receipts and other documents showing the expenditure of injury-related care.
You must submit your case within the applicable time limits to receive a settlement. Missing a deadline generally means being blocked from commencing legal proceedings. The Personal Injuries Proceedings Regulation 2014 specifies the time limits that apply to personal injury claims for compensation.
Qualified Legal Advice
Getting qualified legal advice for your case will also increase your chance of success. Experienced personal injury lawyers work on these matters every day. Because they work on a no win, no fee basis, just like you, they want the best possible outcome. Rely on their expertise and knowledge to deliver your desired outcome.
Documentation of Damages
Finally, it is necessary to document any damages that have occurred as soon as possible. A lawyer or solicitor will help you collect evidence, such as accident reports or witness statements, which will be vital when building your case. Doing this will help ensure that you have the best chance of receiving the financial reimbursement you deserve.
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Who is Responsible for Paying Compensation Benefits?
Your financial compensation benefits help you get back on track following an injury-related loss, but most people need to know who pays these benefits. In most cases, it will be the insurance company associated with the at-fault party who caused you harm. The circumstances of how you were injured will determine the type of insurance coverage that applies. For example:
- Car accident claims: The CTP insurer of the at-fault motorist will fund your payout.
- Work accidents: WorkCover (the workers’ compensation insurer) is liable.
- Public place accidents: – City councils, shopping centres, public spaces, rental property, and venue owners have public liability insurance coverage. Their PL insurer funds your lump sum payment when you are injured on their premises.
Multiple parties could be liable for your damage in some situations (like motor vehicle accidents). In this situation, several insurance companies will be involved, each trying to reduce the extent of their level of responsibility. In some cases, more than one insurance claim must succeed to cover the size of your loss.
Sometimes, it is complex to know who should compensate you and the extent of their obligation. This situation is when an experienced compensation law firm can assist. They will help you know your legal rights and who is liable for damages.
Now, let’s look at the types of injuries typically covered by liability insurance policies.
Types of Injuries Covered by Compensation Insurance Policies
Compensation insurance policies are vital when someone is injured in unexpected circumstances. These insurances generally cover an extensive range of physical and psychological injuries, no matter how acquired (depending on the policy terms and conditions and claim type).
In addition to covering recovery-related medical expenses, personal injury insurance can reimburse lost income and other associated costs. Insurance claims are also available in other loss-related circumstances where proof of negligence is not required. Examples include:
- TPD Claims
- Life insurance claims
- Income protection claims
- Terminal illness claims
- Trauma insurance claims
Some people with a successful personal injury claim can also seek other insurance benefits through their superannuation provider. Contact our expert lawyers now to understand your eligibility. It’s free to know your legal rights.
Common Challenges with the Compensation Claim Process
The compensation claim process can be long, stressful, and fraught with pitfalls for people harmed by another’s negligence. Navigating the legal system is complicated, particularly when dealing with a physical injury, illness, or mental health disorder.
Many things can go wrong when faced with complex paperwork, collating evidence, and understanding complicated legal procedures.
So be assured support is available at this difficult time. The entire process becomes simpler when an expert compensation claim solicitor supports your legal journey to recompense. They will let you know.
- Who is responsible for your loss?
- Which insurance companies are liable for damages?
- The applicable claim time limits
- Your most effective path to a winning compensation payout
- Recommended next steps to building a compelling case
A comprehensive understanding of your legal situation means you can confidently manage the process, knowing your rights are protected and you have a strong chance of success.
Get Effective Legal Advice for Compensation Claims
Setting yourself up for success is essential for a winning result when making a compensation claim. Experienced personal injury lawyers regularly negotiate with large insurance companies and know the strategies for delivering excellent outcomes. The process begins with understanding your claim type, your eligibility, and whether you can seek multiple payouts. You can successfully complete the process and receive your due benefits with proper planning and preparation.
Contact Splatt Lawyers to get started now. It’s free to know your circumstances. We fund all compensation claims on a 100% no win, no fee basis, so you owe us nothing until we win and nothing if we lose. You have no financial risk when you choose Splatt Lawyers. Call Now – 1800 700 125 or email us >