No injury claim for compensation is black and white, each case needs to be properly reviewed and your entitlements will be based upon all the facts surrounding the circumstances of your injury.
Important influencing factors include where, when and why the injury happened.
If the accident happened as a result of someone else’s negligence you may be entitled to claim for damages. In some cases, even if you were partially to blame for an accident you may still be entitled to an injury claim for damages. However the amount awarded may be reduced proportionately. Call 1300 851 168 to find out your injury claim entitlements or to read more about how to claim click here.
Incidents need to be reported and correct procedures need to be followed The Australian Injury Helpline can talk you through each stage of the injury claim process. Click here to find out more about how our services or our Find Me a Lawyer service can assist you.
Motor vehicle injury claim
If you have been injured on the road, you may be entitled to a motor vehicle injury claim also known as a CTP claim (or Green Slip). You may claim if you are;
- An injured driver, passenger or pedestrian and the other vehicle is at the fault
- Injured in a car accident caused by a defective vehicle or another factor beyond your control
- An injured motorcyclist hit by another vehicle
- An injured cyclist who has been hit by a vehicle
- Injured in a truck accident or trailer accident
Benefits for a motor vehicle injury claim for compensation include:
- Loss of income
- Hospital and medical expenses including rehabilitation
- Cost of medical equipment
- Reasonable travel expenses
- Nursing or home help costs
- Funeral costs (if applicable)
You may be entitled to claim for damages if;
- You have a serious injury
- Your injury happened because of negligence
- You suffered losses or damage
Work injury claim
If you have been injured at work you are entitled to work compensation regardless of who is at fault. The work compensation insurer i.e. WorkCover or acting insurance company pays your work compensation. Statutory benefits to workers may include:
- Payment (or partial payment) of wages or salary
- Re-imbursement of Hospital and / or medical expenses
- Re-imbursement of Rehabilitation expenses
- Re-imbursement of Nursing expenses
- Re-imbursement of Travel expenses
- Re-imbursement of Funeral expenses
In some jurisdictions there is a set period for statutory benefits. Quite often you need to negotiate ongoing entitlements.
If your injury is permanent and as a result of negligence, you may also be offered a lump sum payment. In some States or Territories you may receive an offer of a lump sum payment regardless of whether or not anyone was negligent.
It is important never to accept an offer of a lump sum payment until you have received a second opinion from an injury helpline or a lawyer. Once you have accepted, you may sign away all rights to a common law injury claim. Call 1300 851 168 to discuss your work injury claim or lump sum payment offer. There are strict laws that relate to this. Click here to contact us.