In the world of personal injuries, it can quickly become confusing to know the different types of claims available to you and your rights associated with them.
Whether you have been injured at work, in a public place or in a car accident, there are protections and potential avenues of recourse available to you. In our monthly blog, we have outlined the four main types of compensation claims we practice at Optimum Compensation Lawyers to help you understand the different situations you may encounter.
Motor Vehicle Accident Claims
Everyday Queenslanders experience motor vehicle accidents on our roads, and having an injury due to this is a very stressful and frightening experience. If you have been hurt or in a road accident whilst operating a car, truck, motorcycle, or other motor vehicles, you may be entitled to compensation benefits.
This area of law is constantly changing, which means that seeking legal advice as soon as possible for your compensation rights and entitlements is incredibly important.
To make a motor vehicle claim, you are required to prove that:
- the vehicle that caused you an injury was at fault;
- you have been injured as a result of the accident (this can be both psychological physical injuries).
The facts and circumstances need to be carefully analysed for every motor vehicle accident to determine whether or not a compensation claim is more appropriate under the provisions of the Workers’ Compensation & Rehabilitation Act 2003 or the Motor Accident Insurance Act 1994.
Workers’ Compensation Claims
Every person has the right to go to work each day, knowing that they will return home safely. If you were injured or became ill at work, you might be entitled to Workers’ Compensation. There are two types of claims for Workers’ Compensation; statutory (no-fault) claims and common law claims. In Queensland, all claims made need to be lodged as a statutory (no-fault) claim first.
Suppose an injured worker’s statutory Workers’ Compensation claim is rejected and the worker does not successfully overturn the decision to reject the application. In that case, the employee could miss out on their entitlements and any potential common law claim for damages. That is why it is essential to seek legal advice as soon as possible.
You need to report your injury to your employer’s Workers’ Compensation insurer within six months of the injury occurring. If six months have elapsed since your injury, there may still be some options available to you.
Public Liability Claims
Public Liability Claims for compensation come from incidents occurring in a public area and are regulated by the Personal Injuries Proceedings Act 2002 (“PIPA”).
Every public liability claim is different, so if you were involved in an accident, you must begin collecting evidence straight away by gathering potential witnesses or documentation of the incident.
Public liability claims don’t just include incidents in the public arena; it extends to injuries that have occurred due to another party breaching their duty of care on private property. This can become an extremely complex claim and a good reason to involve a legal representative to advise and assist you in this situation.
Total and Permanent Disability (TPD) and Income Protection Claims
Most people are unaware that they have protections through their superannuation if they suffer from an illness or injury which prevents them from working. This injury or illness does not have to be work-related.
A TPD claim occurs if you have been unable to work due to an injury or illness for an extended amount of time, usually surpassing three months, without returning to work. This injury does not need to be work-related.
Income Protection claims cover you for temporary disability if you cannot work for a short period while recovering from a serious illness or injury. Income Protection only lasts for two years and won’t be paid if it is found that your condition is likely to result in never returning to work.
All four of these areas of compensation law can be hard to navigate and potentially misunderstand or not take full advantage of your rights and entitlements.
Our team of expert lawyers are well experienced in all of the above areas of law and understand the importance of supporting you during this process. To seek guidance and further information, contact the Optimum team today.