Claiming Compensation in Australia
In Australia, a wide range of circumstances often lead injured people to seek compensation for the negligence of others. This kind of legal case is a formal request for a financial settlement of a loss resulting from a physical injury, illness, or psychological disorder, frequently brought on by an accident.
A claimant can be an individual, business, or other entity that suffered damages in an unintentional incident. 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 provides financial benefits, such as medical bills and lost wages from being unable to work due to an 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.
Learn more about claiming personal injury benefits, including various compensation claims. First, let’s understand the legal basis for compensation.
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 serve 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 serve various compensation claims within Western Australia
- Personal Injuries (Liabilities and Damages) Act 2003 in The Northern Territory of Australia
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What are the Common Types of Compensation Claims?
When unexpected circumstances injure you, and you believe you could seek restitution, understanding common types of compensation claims is valuable information. In Australia, there are several common types of personal injury claims, 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. Even if you were partly to blame for the incident, you could still have a valid case. In this case, contributory negligence will apply, resulting in a reduced payout.
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 work-related injuries caused by employer 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.
A workers’ compensation lawyer provides advice on the process of claiming WorkCover benefits. The legal team at Splatt Lawyers can explain the complexities of the workers’ compensation scheme. When approved, you can receive benefits such as:
- Weekly income
- Your medical and rehab expenses
- Travel costs
- Lum-sum payment for permanent impairment
- Death benefit and funeral expenses
More about work-related injuries
Work Mental Health Claims
Work mental health compensation claims are also common in Australia. If an employer fails to adequately safeguard your mental health at work, resulting in psychological harm, you may have the right to claim 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.
- PTSD
- Discrimination
- Unreasonable management action
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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 claim medical negligence. Medical practitioners must follow professional standards, and violating those rules is significant. A medical malpractice lawyer provides legal advice when seeking compensation for a loss caused by:
- Misdiagnosis
- 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 an insurer should compensate you for a public liability accident, seek treatment and 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. A public liability lawyer can explain the required evidence and barriers to a successful compensation claim.
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 correctly 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 in which a professional could fail to fulfil their duty when providing a service. Be aware that time limits apply for commencing action as outlined in The Limitation of Actions Act 1974 (QLD).
Our professional negligence lawyers can explain your legal rights and whether you can claim damages from bad advice during a free case review.
6. Total and Permanent Disability (TPD) Claims
Strictly speaking, a Total and Permanent Disability (TPD) Claim is not compensation. However, it is a common insurance claim involving 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 policy, typically contained within a superannuation account. 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.
The insurer typically seeks to minimise or deny your benefit payout, as doing so does not support their bottom line.
Can I Make a Compensation Claim?
If you have been physically or psychologically harmed by another person’s negligent action or inaction, you have the right to seek legal advice and claim compensation for your financial loss. Splatt Lawyers’ team of personal injury lawyers offer a free case review that can explain your entitlements, including:
- Eligibility to seek compensation
- The approximate value of a case
- Your chance of success
- Our 100% no-win, no-fee funding policy
Steps to Making a Successful Compensation Claim
Evidence
To have a successful claim, you must provide compelling proof that the negligent act or omission caused your damage and loss. Accessing a 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.
Time Limits
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.
Seek Legal Advice
Seeking legal advice for your case will help you avoid common pitfalls.
Documentation of Damages
Finally, it is necessary to document any damages that have occurred as soon as possible. A lawyer or solicitor will advise on how to collect evidence, such as accident reports or witness statements, which will be vital when building your case.
Who Pays for Compensation Benefits?
Financial compensation benefits help you get back on track following an injury-related loss, but who pays these benefits? In most cases, it will be the insurance company associated with the at-fault party who caused you harm. The type of insurance coverage that applies will depend on the circumstances of your injury. 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. Public liability insurance funds your lump sum payment when you sustain an injury on their premises.
Multiple parties could be liable for your damages in some situations (such as motor vehicle accidents). In this situation, several insurance companies will be involved, each seeking to reduce its liability.
Sometimes, it is complex to know who should compensate you and the extent of their obligation. A compensation lawyer provides advice in this situation. They will help you understand 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 become crucial when someone sustains an injury under unexpected circumstances. These insurances generally cover a wide range of physical and psychological injuries, regardless of how they are acquired (depending on the policy terms and conditions and the 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 personal injury claim can sometimes seek insurance benefits through their superannuation provider. Experienced insurance claim lawyers can help you understand your eligibility.
Legal Advice for Compensation Claims
When making a compensation claim, legal advice could help you achieve your desired outcome. Personal injury lawyers regularly negotiate with large insurance companies, and they understand the relevant legislation. The process begins with understanding your claim type and eligibility.
Free Case Review
Splatt Lawyers offers a free case review that can explain your circumstances. We provide compensation claim advice on a 100% no-win, no-fee basis, so you owe us nothing until you win and nothing if you lose. It’s free to know your legal position. Call 1800 700 125 or email us