PTSD Compensation Lawyers for PTSD Claims

Serious accidents happen more often than you might think. In Queensland, people acquire PTSD injuries in car crashes, due to a faulty product, at work, in public venues, and in recreational activities.

Whilst it is expected to feel anger, guilt or depression because of your accident, having Post Traumatic Stress Disorder is something else, as it can severely impact your life.

Understanding and Filing PTSD Claims

In Australia, you can make a PTSD compensation claim when you acquire this psychological illness due to the complete or partial negligence of another. Successful claims for PTSD provide a lump sum payout, helping you pay medical expenses, rehab costs and other bills.

Splatt Lawyers’ team of experienced personal injury lawyers have the legal smarts to help you access all your entitlements. All our legal services are 100% No Win, No Fee. It’s free to start, and you pay nothing until we win your claim. Call Now – 1800 700 125

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What is Post Traumatic Stress Disorder?

Post-traumatic stress disorder (PTSD) describes a mental health disorder following exposure to a traumatic event. In addition to accidents or witnessing accidents, experiencing physical or sexual assault can also be a potential trigger for PTSD, alongside other traumatic events. If someone experiences a situation where they feel threatened or endangered, it could trigger symptoms such as flashbacks, nightmares, insomnia, panic attacks, and feelings of guilt, rage, or fear. 

It is usual for people to have a “flight or fight” response when they feel endangered, and this feeling will pass once the threat is removed. Having a PTSD reaction means you continue to experience these feelings even though you are no longer in danger.

A PTSD diagnosis means the trauma is so overwhelming it will seriously impair your enjoyment. People suffering from PTSD often feel like they cannot cope with anything, including simple tasks such as getting dressed or eating. While you might be able to “push yourself” through mild depression alone, if you are diagnosed with PTSD, you will need professional help.

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When a negligent act has caused a severe mental illness like PTSD to affect you, you may be able to sue for damages. Your compensation payout is meant to restore your life to your financial position had the incident not occurred. For this reason, no two cases are the same. Your unique circumstances will determine the value of your PTSD compensation amount, including:

To understand if you have a legitimate claim and the compensation you might expect, please speak with our knowledgeable PTSD injury solicitors. It costs nothing to know where you stand. Call Now – 1800 700 125

100% No Win, No Fee PTSD Claims

Post-Traumatic Stress Disorder is debilitating and impacts many aspects of your life, including your finances. In this situation, you would not have the resources to hire a skilled personal injury lawyer to get you justice.

So you will be pleased to learn that a Splatt No Win No Fee Lawyer charges no legal fees or costs until we win your case. Our No Pay funding policy includes the cost of your psychiatric evaluations required for a successful claim. If you lose, you owe us nothing. The Splatt Lawyers No Win, No Fee, No Risk guarantee means you carry no financial risk.

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PTSD Compensation Legal Advice

Suffering from a psychiatric disorder can significantly disrupt your life, often impacting your ability to work and earn an income. When you acquire a mental illness due to the negligent actions of another person or party, you can make a legal damages claim to access the finances you need to get back on track. 

Splatt Lawyers have been supporting Queenslanders with PTSD injuries for nearly three decades. Our mental illness compensation lawyers will relentlessly pursue your rights to get your desired results. Contact us now to see how we might help you. Call Us – 1800 700 125.

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Compensation Payouts for PTSD Australia

Compensation payouts for PTSD are calculated based on your psychological injury’s impact on your life, particularly your work capacity. Hence, there is no set sum of money, but a successful PTSD payout helps pay your medical expenses, rehab, and other bills.

QLD PTSD Damages Amounts

The Queensland workers’ compensation scheme statistics for 2021-22 show the average settlement for work-related psychological damage was approximately $ 60,000. However, how much you receive is based on the level of mental harm.

According to the Worksafe QLD dominant injury number to damages table, this is the payment range for common law damages payouts for PTSD.

Dominant Injury
Minimum
Maximum
Extreme Mental Disorder
$119,150
$229,775
Serious Mental Disorder
$20,830
$114,785
Moderate Mental Disorder
$3,350
$18,470
Minor Mental Disorder
0
$ 1,675

WorkCover Lump Sum Permanent Impairment

When your workers compensation claim ends, your work-related injury should be stable and stationary (you are not likely to have further improvement). At this time, you can request (and should have) an independent medical examination to determine your DPI (degree of permanent impairment). Based on the outcome, you will receive a WPI benefit payment based on your DPI score.

As a general guide, you will receive $ 3,800 for each 1% of impairment, with a maximum figures of approximately $ 361,000.

What PTSD Compensation Can I Claim?

Work Related PTSD Compensation Claims​

According to Safe Work Australia, 6% of workers’ compensation claims are for a psychological disorder, including PTSD. Generally, Queensland employers are legally responsible for providing a safe and healthy workplace, but many workers suffer psychological damage every year due to workplace incidents. You can develop psychological injuries in a range of circumstances, including:

Some occupations have a higher incidence of PTSD injury claims due to the nature of their professions, such as medical workers, paramedics, emergency room staff and social workers. People working in these roles often make a PTSD workers’ compensation claim.

Successfully claiming workers’ compensation payouts for ptsd relies on compelling evidence of your medical condition.

Note – Being stressed or anxious at work does not qualify as PTSD, but you could still have a legitimate workers’ comp claim. See more about workplace claims for mental illness here > 

 

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The Workers’ Compensation and Rehabilitation Act 2003 (Qld) was changed on May 12, 2021, to simplify the psychological injury claims process for emergency workers and first responders. This makes it easier for them to make workers comp PTSD claims for occupationally acquired injuries.

Subdivision 3BA of the Act relates specifically to PTSD conditions suffered by emergency workers and first responders. Sections 36EB and 36EC define the meaning of employee and first responder. First responders are employees and officers of these services:

To qualify under this section of the Act as part of your job, you must have

  • Responded to situations that threatened your life or that caused trauma in other ways
  • Responded to urgent situations where death or destruction of people or property was imminent.

People employed in the above occupations will regularly fit the definition due to the nature of their daily work. If you work in one of these professions, you will be at increased risk of acquiring a PTSD injury. The Workers’ Compensation and Rehabilitation Act 2003 (Qld) now makes it easier for you to access disability compensation. It is unfair that you suffer a mental health disorder simply for doing your job. Contact Splatt Lawyers now to understand your eligibility for compensation. Call 1800 575 023.

It is common to have a psychological reaction when involved in a motor vehicle accident as either a driver, passenger, pedestrian or witness. You may experience panic attacks or traumatic memories (flashbacks) following your road incident. When your mental illness symptoms continue past 30 days and significantly change your life, you may have PTSD. A psychiatrist needs to assess and confirm your condition for a successful claim. Splatt Lawyers fund all your medical reports as part of our 100% No Win, No fee policy.

When mentally or physically injured by a car accident that is not your fault, you can claim compensation through the CTP insurance scheme. All Queensland Road users must have compulsory third-party insurance cover (CTP insurance) that protects people harmed in road incidents. When you make a road accident PTSD injury claim, the CTP insurer of the at-fault party funds your payout. Furthermore, you could still have a successful claim even if you were partly at fault for your accident.

NOTE  – You might suffer a nervous shock reaction if you are not diagnosed with Post Traumatic Stress Disorder. Learn more about nervous shock claims here>

Post traumatic stress disorder icon

When Post Traumatic Stress Disorder stops you from earning an income, you can make a damages claim against the negligent party. Some psychiatric conditions are so severe they can prevent you from returning to work in your usual occupation. For example, you work for the Queensland Ambulance Service and acquire a PTSD injury that stops you from working again as a first responder. You could make a mental health Total and Permanent Disability insurance claim.

Most Queenslanders have TPD insurance through their superannuation. When you cannot work anymore because psychological injuries, you can access your disability benefits and receive a lump sum payout. More about TPD for mental illness here >

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You could make a whole person impairment claim when you have a PTSD diagnosis for work-related injuries. Section 11.11 Queensland Guidelines for Evaluation of Permanent Impairment lists the six scales used to determine your mental illness, including:

  1. Your capacity for self-care and hygiene
  2. Your recreation and social activities
  3. Travel
  4. Ability to function socially
  5. Concentration, pace, and perseverance
  6. Your capacity to be employed

Your work-related psychological trauma will be measured against the whole person impairment (WPI) scale, with higher scores delivering a larger lump sum payment. For a permanent impairment payout, you must reach 15% or higher for a primary psychological injury. However, police officers, emergency workers and other first responders could receive a settlement for a WPI of 11%.

More about WPI Payouts >

Time Limits for PTSD Claims

Car Accident Claims
  • Generally, there is a 3-year time limit for Queensland car accident claims unless you were younger than 18 when the incident occurred. 
  • CTP claims must be lodged within 9 months of the accident or 28 days of speaking with a lawyer, whichever is the earlier date.

More about car accident claims >

Common law claims have a 3-year time limit; however, earlier action is your best chance of success because what you do soon after the PTSD-triggering event will impact your legal outcome.

More about common law claims >

  • You must report the accident to your employer immediately
  • Workers comp claims for an injured worker, must be lodged within 6 months of the PTSD accident date
  • The work injury common law damages time limit is 3 years from the triggering event date.

Australia generally has no time limit constraint for claiming TPD lump sum  payouts. However, your total and permanent disability insurance policy will specify the conditions that apply to your circumstances. Some employer-funded superannuation funds specify you must lodge your case before stopping work, and all claimants must seek a payout before retirement age.

Can I Get a PTSD Compensation Payout?

At Splatt Lawyers, it’s easy to know if you can get a PTSD compensation payout. In fact, you may have more than one personal injury claim.

It’s free to learn your legal entitlements, the PTSD compensation payouts you might achieve and their approximate value. Simply contact our friendly mental health compensation lawyers for your free case review – Call 1800 700 125.

Trusted for PTSD Personal Injury Compensation

When your PTSD is due to someone else’s complete or partial negligence and has caused you to experience a loss, you could seek PTSD personal injury compensation.

Under Queensland personal injury law, compensation for PTSD  is treated as a psychological injury. This type of injury claim has a higher rate of disputes because psychiatric illness is not visible. This is when an expert injury solicitor can help.

The value of your compensation will depend on a few factors determined by the circumstances of your traumatic incident. For example:

  • Work injury PTSD Claims – would be lodged as a workers’ compensation claim
  • Car Accident PTSD Claims – would be lodged as a CTP insurance claim
  • PTSD due to robbery (or violent act) depends on where your incident occurred. It may be treated as a public liability claim.

Splatt Lawyers will help you understand if you have a case and the types of claims you might make. There is no charge for this service. Call us now at 1800 700 125.

Common Accidents Causing PTSD 

Accidents causing mental illness like Post Traumatic Stress Disorder (PTSD) occur in a wide range of circumstances, including:

  • Traffic Accidents: witnessing or being involved in a horrific accident on Queensland roads
  • Work-Related Accidents: witnessing or being involved in a traumatic work incident or being exposed to trauma by the nature of your profession, e.g. first responders (see below)
  • Violent Assaults: witnessing or being involved in a physical or sexual assault like robbery, shooting, stabbing, kidnapping, or experiencing excessive force by police or corrective services can also be the basis for a claim.
  • Traumatic Injury: blunt force trauma to the head can also trigger PTSD
  • Natural Disasters: the impacts of fires and floods can also lead to a PTSD injury

Typically, the onset of PTSD symptoms happens in the first month following the triggering event and can include recurring negative thoughts, social isolation, and heightened arousal.

Four categories of PTSD symptoms can range in severity.

 1. Intrusive thoughts like nightmares, disturbing memories, or flashbacks of the traumatic incident. You can have flashbacks that recall your unsettling experience in rich detail.

2. Avoidance – Evading anything that reminds you of your trauma, like locations, people, interests and circumstances that might trigger your mind to recall your memories. You can also avoid discussing the incident and how it has made you react.

3. Change in mood and cognition – You can’t remember significant parts of your traumatic experience. You have feelings and thoughts that cause you unrealistic beliefs about yourself and others. Warped memories of your incident that make you incorrectly blame yourself or other people. Persistent terror, fear, anxiety, anger, shame or guilt, feelings of detachment and being unable to enjoy positive emotions.

4. Change in your reactions – you have irrational and aggressive outbursts, engage in self-destructive behaviour, remain in a heightened state of alert, are easily shocked, unable to concentrate and have disturbed sleep.

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How No Win No Fee PTSD Claims Lawyers Help

Call Splatt Lawyers for knowledgeable legal advice if you have received a PTSD diagnosis as a result of an accident due to a breach of duty of care. This psychological condition is a severe mental injury, and you will need expert support to show that you have a legitimate disorder linked to your traumatic incident. You cannot see a psychological injury, so proving their existence can be challenging.

Our personal injury law firm has assisted many Queenslanders with successful mental illness compensation claims. Knowing your legal rights is free – If you can claim and your chance of success. Get started now >

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Experienced Personal Injury Lawyers Nearby

When you require legal expertise with PTSD compensation claims, it's pleasing to know Splatt Lawyers are close to you. With eight convenient locations across Southeast Queensland, it is easy for you to access the legal help you need. Choose your office:

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PTSD Compensation Claim FAQs

  1. Contact Splatt Lawyers for your free claim review
  2. Sign our 100% No Win, No Fee legal agreement
  3. We investigate your case and form a legal strategy
  4. You will have at least one psychiatric assessment
  5. We lodge your insurance claim with the liable insurer
  6. Splatt Lawyers negotiate your settlement based on almost three decades of legal experience.

A mental health specialist would complete a psychiatric assessment to determine the nature of your mental illness. Once you have signed a legal agreement with Splatt Lawyers, we will fund your medical reports until we win your case. If you are not assessed as having Post Traumatic Stress Disorder, there can be other types of claims for mental illness depending on where and how you were mentally harmed. Splatt Lawyers know how this works and will give you the guidance you require to succeed.

The American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-5) describes post-traumatic stress disorder (PTSD) as a mental health condition following a terrifying experience. PTSD affects people differently depending on how much fear they feel during the traumatic event, what type of event happened, and whether they witnessed it.

A traumatic event can be objective, meaning something outside of yourself, such as a car accident or natural disaster. Or it can be subjective, like a violent crime or domestic abuse. Traumatic events can involve the threat of or actual physical harm, including sexual assault, rape, child abuse, war, terrorism, torture, and kidnapping. They can also include psychological threats, such as bullying, stalking, and harassment.

Exposure to a traumatic event means experiencing it directly. For example, if you saw your friend die before you, you might have been exposed to the event. If you heard about the event secondhand, you wouldn’t count as having been exposed. If you have been mentally harmed by hearing about an incident or seeing the aftermath, you could have a claim for nervous shock.

Any workplace accident that makes someone fear for their life can cause work-related PTSD. Every occupation could place someone at risk, but some jobs are more dangerous and likely to cause mental harm, like:

  • Military personnel
  • First responders
  • Emergency medical staff
  • Paramedics and Ambulance workers

If you have a PTSD injury, you must have skilled legal support for a successful case. Insurance companies frequently dispute psychiatric injury claims and reject valid cases. The insurer will do everything they can to minimise or deny your claim. An experienced personal injury lawyer will give you the best chance of getting your desired result. Claims are frequently denied due to the absence of compelling evidence substantiating your case.

An experienced personal injurt lawyer understands insurance companies’ techniques to protect their bottom line and what you need to do to get a payout.

People often confuse PTSD and CPSD, but they are different. While they might seem similar (CPTSD) comes with some extra symptoms. PTSD is generally triggered by a single event or a series of events that happen within a short period of time, while CPTSD is a psychiatric disorder that happens when someone is exposed to a long period of repeated trauma.

  • If you have CPTSD, you will likely experience symptoms like:
  • Problems controlling your emotions
  • Feeling like you are worthless
  • Emotions like shame and guilt
  • Severe issues when trying to form and keep meaningful relationships

General PTSD includes things like nightmares, flashbacks and heightened anxiety, while CPTSD includes emotional regulation problems like dissociation and interpersonal issues.

The duration of PTSD varies depending on a few factors. Thankfully, some people recover from this debilitating condition within a few months, while for others, it can last for many years. According to the National Centre for PTSD, symptoms typically start within a month of the traumatic incident. When your symptoms are still with you after a month and seriously disrupt your work and home life, you could have PTSD, and you should get immediate medical help.

In Australia, chronic and long-lasting PTSD is regarded as a disability, for compensation eligibility. Moreover, this mental health condition is covered by the NDIS when it is deemed a psychosocial disability that is likely to be life-long.

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