Although you cannot predict an injury or an accident, it is important to know where to seek help if it happens. In Australia, lodging a claim can feel daunting, but the system is based on a ‘no fault’ principle. What does this mean? For example, if you suffer a workplace-related injury, you do not need to prove that your employer is negligent to be eligible for compensation.
We have provided 4 types of claims where you should seek legal advice to assist you in lodging your claim.
Motor Vehicle Accident Claims
If you have been injured in an accident whilst operating a car, truck, motorcycle or any other motor vehicle, you may be able to bring a claim for compensation. A legal expert will need to analyse the facts and the circumstances to ascertain whether or not a compensation claim is more appropriately brought under the provisions of the Workers’ Compensation & Rehabilitation Act 2003 or pursuant to the Motor Accident Insurance Act 1994. For more information on motor vehicle accident claims, visit here.
Public Liability Claims
You could be eligible to claim compensation if you get injured in public areas such as a park, rental premise or property, private building, schoolyard, amusement venue, recreational or sporting ground, or if an injury is caused by animals or food poisoning. Personal Injuries Proceedings Act 2002 (PIPA) regulates public liability type cases. This is highly complex yet beneficial legislation requiring expert legal knowledge to successfully navigate and maximise a claim. We have a strong interest and investment in claims of this type – you can read more here.
TDP and Income Protection Claims
If you have had an insurance claim rejected, your benefits not paid in full or if you’re having difficulty with your insurer, you might need to seek legal representation to ensure you receive all your illness, accident and unforeseen occurrence benefits in your insurance policy.
If you cannot work due to an illness or disability, you may be able to claim a lump sum insurance payout from your superannuation. This is in addition to your account balance, and your illness or injury does not have to be work-related. A legal expert can examine your policy and help you obtain total and permanent disability (TPD) benefits, income protection benefits, terminal illness benefits, and death benefits. For more information on how these claims work, visit here.
Workers’ Compensation Claims
When it comes to making a worker’s compensation claim, an individual can claim for: injuries suffered at work, injuries suffered as a result of work activities, illnesses due to or worsened by work, injuries suffered when travelling for work or to and from work, and injuries suffered while receiving treatment for a separate work injury.
In any of these situations, you should seek legal advice as soon as possible, as strict time limits apply, and waiting too long may mean you lose your right to make a claim. For more information regarding claims of this type, go here.
It is almost impossible to know where to begin when gathering evidence for these types of claims. Please contact our team today for a free consultation to seek assistance with your compensation claim.