Injury Compensation FAQs

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Depending on the type of claim we would need to consider if we can establish negligence (there is a no fault scheme for workers compensation so you don’t need to establish negligence to get benefits) then we look at the extent of the damages which include pain and suffering, time off work, extent of the medical treatment and whether you have needed assistance around the home.

On average an injury does not stabilise until 12 months after the injury or subsequent surgery. Then depending on the type of claim there are different Courts and Tribunals to try and have the matter move in a timely fashion. It really depends on the extent of the evidence.

If liability is accepted, we can ask the Insurer for a hardship payment upfront. You can also go to Centrelink to ascertain what benefits may be available to you.

There is no set guide but bringing any medical reports, claims forms, letters or other forms of documentation regarding your case will assist the lawyer to give you advice.

For compensation matters there is no cost for the first consultation. Costs will be discussed at the meeting if the matter is to proceed. Most cases are taken on a no win no fee basis.

The rules require that the incident be reported to the employer and they are to report to their insurer. Failure to report may result in your claim been denied.

There are time frames so seeing a lawyer will help you navigate if you can still make a claim. Exceptions can be granted if you have a reasonable explanation as to the delay so just check before you decide to forget about it.

Karena Nicholls
Q&A with Karena Nicholls (Partner), Injury Compensation

A client had slipped and fell in a public place. The client wasn’t sure if he could sue because it was raining. The client was assured that if we can prove a duty of care was breached and that breach caused the injury and damage he would have a claim. The client was relieved as he had to undergo surgery and was concerned about the outcomes going forward. Sometimes it is just knowing if you have a claim.