Compensation Law12/4/2023  If you have been injured in a road accident, at work, in a public or other place or whilst receiving medical treatment, you may be entitled to make a claim for compensation, sometimes called “common law damages”. You may also have life or other insurance, including through your superannuation fund. There are strict time-limits which apply to all compensation law claims. We suggest you contact us at the earliest opportunity so that we can properly advise you on these. Road accident claims If you have been injured in a road accident which was the fault or partly the fault of someone else, you may be entitled to make a claim through compulsory third party (CTP) insurance. You do not have to have been the driver of a vehicle in an accident in order to make a claim - you may have been a passenger, cyclist or pedestrian. As part of a CTP claim, you will need to report the accident to police, ascertain the insurer for the vehicle which caused the accident, obtain a medical certificate from your doctor and lodge a claim form with the CTP insurer. All of these steps can be carried out by Arthur Browne & Associates. Road accident claims are subject to strict time limits, so it is important that your claim be lodged at the earliest opportunity. Work injury claims If you are injured in connection with your job, you may have grounds to make a claim against your employer. A work injury can be physical or psychological. If you believe your injury was caused the negligence of your employer, you might be able to make a compensation claim. A compensation law claim can be difficult to navigate on your own and there may be things that you can claim which you are not be aware of. In addition to claiming lost wages, medical expenses and travel, you may also have a claim for losses you are likely to experience in the future, such as loss of income, care and assistance, surgery costs, further income and superannuation. It could be very important to you and your family’s financial security to ensure your claim is handled in the right way. Please contact us to find out what your rights are. Medical negligence claims Doctors, hospitals and other health professionals owe their patients a duty of care. We all place a significant amount of trust in a health professional to take care of us and sometimes things go wrong. In order to make a claim, there has to have been negligence by the care provider which means they have failed to meet their duty of care. For example, a health professional may have acted negligently if you were misdiagnosed, delayed treatment or sent away from hospital without proper treatment. These are just a few examples of possible medical negligence. Medical negligence claims are particularly complex and it can be difficult to work out whether there has or hasn’t been negligent treatment by a health professional. If you believe that your treatment by a health professional has fallen below an acceptable standard and you have been injured as a result (psychologically or physically), please contact us to discuss this further. Public liability claims If you have been injured in a public or other place, you may have grounds to make a claim against the owner or occupier. There is a duty of care owed to you by the public and private owners/occupiers of property, businesses and organisations. That duty requires them to ensure that any reasonably foreseeable risks to your safety are avoided. In most cases, claims are paid by insurance companies, as most businesses and occupiers hold public liability insurance. Compensation in public liability claims are assessed on the same basis as road accident claims and work injury claims. Each claim is different and it is important you are advised of the possible aspects of your unique claim. Total and permanent disability (TPD) claims You may have insurance attached to your superannuation called “total and permanent disability” insurance. If you are unable to work in your usual occupation, you may be able to make a claim for a lump sum payout. We suggest you seek legal advice if you are unable to work, as it can be a difficult process often requiring expert medical evidence. Income protection claims You may have income protection insurance attached to your superannuation which could be used when you are off work. There is often a waiting period so it best to speak to someone sooner rather than later so that you can start the process as soon as possible. Free initial consultation We offer a free initial consultation to discuss your matter. During this consultation, we will identify whether we think you have a good claim. No-win-no-fee Arthur Browne & Associates also offers a “no win-no fee” service to the majority of our compensation law clients. This service means that you will only pay our professional fees if we achieve a successful outcome. Whilst we offer our no-win-no-fee service in most cases, there may be situations where the claim cannot be taken on without contribution from you for costs, such as medical specialist reports in medical negligence claims.
To make an appointment about a compensation law claim with Simon Turner or Nicola Davison, please contact our office on 07 4772 2811. Comments are closed.
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