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.

The post 4 Types of Claims that Require Legal Advice first appeared on Optimum Compensation Lawyers.

If you are filing a compensation claim, you will need to gather as much evidence as possible to ensure you get the best result possible. It can be challenging to differentiate between the critical documents required for your claim and the less important ones.

To help alleviate some of the stress related to collecting evidence during a claim, the team at Optimum Compensation Lawyers has created an overview of the most significant evidence in determining your claim’s outcome.

Photographs and Videos

Photo and video evidence has proven crucially important for supporting every type of compensation claim, with the saying “a picture is worth a thousand words” becoming much more literal. This is especially true for motor vehicle accidents and public liability claims.

Motor Vehicle Accidents

Some people take precautions by installing dashcams into their vehicles to collect video evidence in case they are involved in a road accident. If you don’t have access to a personal dashcam, it is worthwhile asking bystanders to see if anyone has a recording of the accident from a different angle. If not, capture as many photos and videos as possible, including identifiable photos of the accident’s location, the number plates of the vehicles involved, the physical damage to the vehicles, and any physical injuries sustained in the incident.

Public Injuries

Injuries in public can happen extremely quickly, and capturing photographic evidence is often not front of mind; however, it can be crucial to securing the compensation entitled to you. If you have slipped over, fallen on uneven or cracked concrete, or had any similar situation, you may have grounds for compensation. A photo or video of where the accident occurred is best to showcase the incident. For example, if you slip on a wet floor of a shopping centre, take a photograph of where the incident occurred – the water on the floor and the surrounding area, particularly if there is no signage around to alert people of the hazard. It could strengthen your claim and ensure the shopping centre cannot dispute it, especially if they fix the issue before an investigation has formally begun.

Physical Injuries

Depending on the nature of the incident and the severity of the injuries, injuries of a physical nature may be quite visible. It can be beneficial to obtain photographs of any bruising or abrasions, not only at the time of the accident but also during your recovery. In the event that surgery is required, photo evidence of your hospital stay and your injuries throughout the recovery process helps to demonstrate the severity of your injuries and support any claim for past and/or future medical expenses.

Witness Statements

For all compensation claims, witness statements are vital evidence to support your claim and provide a more impartial, factual account of the events leading up to and following an incident.

The most important thing to remember is to get a name, contact number, email address and a brief description of the accident from any eyewitnesses, so they can be formally contacted during a compensation claim if need be. It is better to have at least one name rather than none.

Medical Expenses and Records

Collect all relevant records relating to your injuries in an accident to ensure you are compensated fairly and to the fullest amount. This goes for every compensation claim, from motor vehicle accidents to work-related injuries. Gathering evidence for a claim should include, but is not limited to the following:

· Hospital bills and documentation of treatment

· Medical expenses including doctor’s appointments, prescription medications, allied health professionals and other necessary medical equipment needed for recovery

· Medical records, certificates and referrals

· Travelling expenses if your ability to drive was hindered

· Any rehabilitation expenses

Economic Loss

If your injuries have directly affected your ability to work, there is a possibility you will be eligible to claim compensation for the loss of, or reduction in, earning capacity. This can take into consideration the past and future time off work due to pain and/or medical treatment, and the loss of opportunity.

For example, if you were expected to receive a promotion or new job but were then involved in an accident that affected this opportunity, this could be considered when assessing your economic loss, particularly if the remuneration from the lost opportunity would have been higher than your existing salary.

To assess your actual economic loss, your legal team will require detailed records, including (but not limited to):

· Proof of Income – Payslips and Income Tax Returns

· Employment Records

· Work diaries and history of working hours

· Resume/CV & Qualifications

It can be almost impossible to know where to begin with gathering evidence for your claim. The Optimum Compensation team is well experienced in understanding which documents are relevant and guiding you to obtain these. To seek assistance with your compensation claim, please contact our team today for a free consultation.

The post Recommendations for gathering evidence for your claim first appeared on Optimum Compensation Lawyers.

In the unfortunate event that you find yourself going through a compensation claim that has the potential to end up in court, it is important that you develop an understanding about the different legal terminology you will be exposed to in these scenarios. 

The Optimum team has identified and broken down 10 of the legal terms you are most likely to be unfamiliar with below: 

1. CTP

CTP stands for Compulsory Third Party Insurance. This insurance is mandatory when registering a vehicle with the Department of Transport. CTP Insurance protects you and provides for compensation for people injured or killed when your vehicle is involved in an accident.

2. Disbursements

Disbursements refer to the monetary amounts which are paid to third parties on the client’s behalf in connection to their personal injury claim. This includes obtaining medical reports from treatment providers and obtaining specialist Medico-Legal Reports. These disbursements are repaid out of the settlement funds when a claim is resolved.  

3. Economic Loss

Economic loss refers to when someone has experienced loss of, or reduction in earning capacity. You may be eligible for compensation for economic loss if you have suffered financial loss as a result of your injuries affecting your ability to work. Economic Loss also includes consideration for lost superannuation.

4. Journey Claim

A journey claim arises when a personal injury is sustained while engaged in work-related travel. For example, you may be able to make a WorkCover claim if you suffered an injury in a motor vehicle accident on your commute to or from work.

5. Negligence

In cases where a duty of care exists (for example, an employer has a duty of care to their employees), negligence occurs when someone fails to act in a way that a reasonable person would, which causes another person damage, injury or loss as a result.

6. Notice of Accident Claim Form

The Notice of Accident Claim Form (NOAC) is necessary for all motor vehicle accident claims in Queensland. It includes your personal details, details of the accident, the vehicles involved and your employment details and CTP Medical Certificate. The NOAC is submitted to the insurer of the at-fault vehicle and is the first step to commencing a claim.  Strict time limitations apply in relation to the lodgement of a Notice of Accident Claim Form, and they must be submitted within one month of retaining and initially consulting with a solicitor, and within nine months of the date of the motor vehicle accident.

7. Property Damage Claim

If your property is damaged in a motor vehicle accident, the party who caused the accident will be liable to pay for the damages to property, whether it’s your car or some other physical property. You will be entitled to a property damage claim against the insurer of the at fault driver.

8. “Stable and Stationary”

“Stable and stationary” refers to the stage in your claim when your condition is not likely to improve with further medical or surgical treatment. The term generally suggests that your injuries have reached maximum medical improvement, and all suitable rehabilitation has been carried out. If you are receiving workers’ compensation benefits as a result of your injuries, they will be ceased once your injuries become stable and stationary.

9. Statutory Claim

A statutory claim is a claim for worker’s compensation as a result of a workplace injury. As Queensland operates under a ‘no fault’ workers compensation scheme, Queensland workers can apply for statutory benefits no matter whom or what was at fault for their workplace accident. All claims in Queensland must first be lodged as a statutory claim through lodging an application for compensation with WorkCover Queensland or the relevant self-insurer. If the claim is accepted, the worker is entitled to payment of weekly benefits (for lost wages), medical expenses, hospital costs, rehabilitation costs, etc. A statutory claim will be closed when medical evidence determines that the worker’s conditions are stable and stationary.

10. Statutory Declaration

A Statutory Declaration is a formal statement of fact made by an individual which they conscientiously believe to be true. These sworn legal documents declare that the written statement is true and correct, and they must be witnessed by a Justice of the Peace, Commissioner for Declarations, or Lawyer. Statutory Declarations concerning a personal injury claim commonly pertain to the details of your accident, the financial losses suffered as a result and previous or subsequent illnesses or injuries.

The Optimum Compensation team are passionate about providing access and support to every client, and encourage as many questions as needed throughout a person’s compensation claim journey. If you are struggling with a compensation claim, please contact our team today for a free consultation.

The post 10 legal terms you should know during a compensation claim first appeared on Optimum Compensation Lawyers.

Being involved in a motor vehicle accident can be a very stressful and emotional experience. At the time of the accident, it’s easy for those involved to become overwhelmed and forget what is required of them. Regardless of who was at fault, everyone is entitled to ensure their safety and legal rights are protected. 

To help navigate this experience, the Optimum team has compiled an overview of what to do at the scene of a motor vehicle accident if you ever find yourself in this unfortunate situation. 

Stop and assess the situation

Immediately after the accident, take a moment to breathe, remind yourself to remain calm, and assess yourself for injuries. If you or any other parties are trapped or are injured, call 000 for an ambulance and assist if it is safe. 

If your car is operational, move it out of the way of ongoing traffic, making sure your hazard lights are on. And if it is safe to do so, clear the road of any debris.

Exchange contact details 

If you are involved in a road accident, you must stop and give your name and address to the other parties involved. In Queensland, leaving the scene without providing details is a crime and is indictable by a fine of $2,611 or 1-year imprisonment. 

Below is an outline of the information both parties will need to provide: 

• Date and time of the accident 
• Driver’s name and licence number 
• Driver’s phone number 
• Driver’s address
• Location 
• Driver’s insurer name 
• Car make, model and registration number
• The name and address of the owner of the vehicle (if different from the driver) 

Collect photo and witness evidence 

Capturing photos, videos, and eyewitness accounts of the accident is very important when putting forward both an insurance claim and a motor vehicle compensation claim.

If possible, collect photos of the entire scene, the impact on your car from various angles, identifying location marks (traffic lights, intersection location) and photos of the damaged private and public property.

If there were eyewitnesses of the accident, ask them for their name and contact details and ensure you note their specific involvement. These could be passengers, pedestrians, or drivers of nearby vehicles. 

Contact the police 

Depending on the accident’s severity, you may or may not call the police. If anyone is seriously injured, call the emergency services immediately. The following are the other scenarios where you will be required to call the police: if the accident has resulted in traffic or road hazards; any driver appears to be affected by drugs or alcohol; or if anyone has failed to exchange contact details. 

If none of the above is relevant, both parties are able to leave the crash site once everyone has exchanged details. In Queensland, you are not required to report the crash to the police. 

If you are navigating a motor vehicle compensation claim and need help, our team of expert lawyers can support you during this process. To seek guidance and further information, contact the Optimum team today.

The post What to do at the scene of a motor vehicle accident first appeared on Optimum Compensation Lawyers.

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.

The post The 4 Different Types of Compensation Claims first appeared on Optimum Compensation Lawyers.