What is compensation is a question many people ask following an accident when another person or another party is at fault. However there doesn’t always have to be someone who is at fault.
If you are injured at work, you may be entitled to work compensation benefits. 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
Work injuries occur in a variety of ways and if your injury is permanent and could’ve been prevented the Australian Injury Helpline may be able to assist you. Call: 1300 851 168 for forms, information or to arrange a free case review with a legal professional.
Some compensation schemes are ‘fault based’ and other schemes are ‘non-fault based’. This means compensation may be awarded regardless of who was at fault as just suffering an injury is enough to qualify for compensation. This usually applies to statutory work compensation and motor vehicle accident claims in some States or Territories.
There are different laws across Australia in individual States and Territories and schemes for work compensation and motor accident compensation vary considerably.
To find out; what is compensation and what compensation entitlements you are owed under the law in your State or Territory call 1300 851 168. If you would like to use our Find Me a Lawyer service click here.
As an independent organisation, the information we provide is free of charge and our services are in your best interest (you being the injured person). Insurance companies and lawyers can often have their own agenda and it is our role to provide practical information and arrange further advice if required.
It is recommended you discuss your accident and injuries with an independent organisation BEFORE making a claim, BEFORE going to a lawyer and BEFORE dealing with an insurance company. Compensation may be your legal right. We will help you become fully aware of your rights before making any important decisions.
What is compensation ‘entitlements’?
Your compensation entitlements will depend on a number of different factors. Every case must be reviewed individually and entitlements will depend on the specific circumstances of your motor vehicle accident or workplace injury. The main factors include:
- Where your accident took place
- When your accident took place
- What injuries were sustained
- Whether or not your injuries are permanent
- What losses resulted from your injuries
- How your injuy happened
- Whether someone is to blame for your accident
- Whether the accident was preventable
What is compensation for negligence?
Negligence comes from the area of tort law and is best described as ‘harm caused by carelessness’. Employers, fellow workers and drivers of a motor vehicle all have a responsibility to exercise reasonable care when at work, on the road or in a public place.
One example of negligence is a car accident caused by reckless driving. Another example is an employer failing to provide safe working conditions leading to an accident that could have otherwise been prevented.
In cases of accidents involving motor vehicles, what is compensation is usually a question raised by the injured driver, passenger or pedestrian.
Another injured person who may question what is compensation is an injured worker. As employers have a duty of care to their employees to ensure their safety at work. If this duty of care is breached the injured worker may have entitlements to a common law claim which is also known as a negligence claim.
An act of ‘negligence’ or a breach in the ‘duty of care’ owed to someone. If a duty of care has been breached you may be entitled to a separate compensation claim known as a ‘negligence claim’.
Entitlements to compensation awarded for negligence will depend on the specific circumstances or compensation factors surrounding your accident. In addition the laws under the specific State where the accident happened will also be an important factor when assessing rights to compensation.