Areas of Compensation Law
Accident & Injury Law
Personal injury laws only refer to injured persons and not to property or belongings. The purpose of a personal injury claim is to attempt to put you back in the position you would have been financially, but for the injury. This doesn’t always work out to be exactly dollar for dollar as there are restrictions in various pieces of legislation. In Australia, each State and Territory has different laws covering personal injury claims. The place that the accident happened and the type of injury i.e. car accident, work injury etc. will determine what piece of legislation applies. Some accidents are also covered by more than one piece of legislation. For example, many workplace accidents fall under Worker’s Compensation but if the injury is permanent and as a result of negligence, a worker may be entitled to additional damages available outside of Workers compensation. The States and Territories in Australia have completely different laws with some operating ‘fault based schemes’ or a ‘non fault-based schemes’.
Personal Injury Compensation
If you have been injured, you may be entitled to claim personal injury compensation. The severity of the injury, whether the injury is permanent or not, if there has been negligence and the level of future economic losses are the main components of a personal injury claim.
Public Liability Claims
If you have been injured in a public place for example a slip or a fall in a local shopping centre you may be entitled to pursue a public liability claim. Public liability claims can be a little more complex. One important thing to remember is that negligence has to be clearly proven. There has to be evidence to substantiate and support the public liability claim.
Workers Compensation Claims
If you have had an injury at work you may be entitled to workers compensation. There are different laws in each State or Territory and so it is recommended you speak with a work injury lawyer who specialises in the specific State or Territory in which your injury happened. At Claim Lawyers we can assist with your inquiry wherever you are in Australia. Workers Compensation benefits from the insurer may include loss of earnings, hospital and medical expenses, travelling expenses, rehabilitation expenses and a lump sum payment for permanent impairment. If your injury is permanent and was as a result of someone elses negligence, you may also have common law entitlements.
WorkCover Compensation Claims
WorkCover is the name of the main Workers Compensation insurer in QLD. NSW, WA, VIC and TAS have a mix of insurers. In the NT the main Workers Compensation Insurer is TIO. It is compulsory for employers to hold Workers Compensation insurance to protect the worker and the employer from the implications of workplace accidents. Generally, where the negligence occurred will determine which state legislation will apply. This has been the law since the case of John Pfeiffer Pty Limited -v- Rogerson was determined. This is not always the case with cross-border arrangements. Our lawyers are ready to advise you on which legislation will apply to your claim.
Workplace Injury Compensation Lawyers & Solicitors
If you have suffered a workplace injury it is recommended you contact a work injury lawyer to establish your legal options and entitlements. The most important thing to remember is not sign or accept any offer I.e. from WorkCover without seeking legal advice from a workplace injury compensation lawyer who specialises in Queensland injury law. Once an offer is accepted that is likely the end of your entitlements to compensation and you will be prevented from making any further claims for compensation.