Claiming Compensation - Does My Injury Have To Be Physical?

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Published by Preston Law on 13/02/2024

Being involved in a car, work, or other accident could cause one or more physical injuries. What you may not know is that if you have suffered a psychological injury in a car, work or other accident in Queensland you are also eligible to claim compensation for the psychological injury.

Psychological injuries are frequently overlooked when people decide to claim compensation, even though it is one of the most common injuries, especially after a traumatic car accident.

What is a psychological injury?

A psychological injury can include a wide range of emotional, cognitive, social and behavioural symptoms that can affect your day-to-day life, including going to work and attending social events.  This can also impact how you feel, think and interact with your friends, family and others.

Psychological injuries can include:

  • Depression
  • Anxiety
  • Post-Traumatic Stress Disorder (PTSD)

Anyone is vulnerable to presenting with a psychological injury after being involved in a car, work or other accident.  Commonly, psychological injuries can present in traumatic accidents, whether car or work, where people were injured, and/or when a substantial amount of damage was caused to their vehicle or property.

If you have been in an accident and are experiencing PTSD, anxiety or depression, you should seek medical attention to assist to diagnose the problem so you can receive suitable treatment early on to help with the symptoms, which can include flashbacks, nightmares, and after a car accident the inability to get back in a car or drive.

Is the claim process the same as claiming for a physical injury?

Claiming compensation for a psychological injury is the same as claiming for a physical injury. You do not have to suffer a physical injury to claim for a psychological injury.  You can claim for only a psychological injury.  The same deadlines, forms and settlement processes apply to both claims where you suffer a physical or a psychological injury.  The only difference between compensation claims for psychological and physical injuries is the treatment you would receive.

The process of making a compensation claim in Queensland can be simplified with the help of an experienced lawyer.  If you require assistance with your claim, we can help you.

What if I have a physical and psychological injury?

It is common for someone to sustain a physical injury as well as develop a psychological injury from an accident, whether car, work or other.  In Queensland, you are eligible to make a claim for compensation for both injuries.  Despite being different injuries, you go through one claim process which has the same deadlines, forms and settlement processes as claiming for a physical injury or a psychological injury.  The only difference is you will be receiving different treatments for your different injuries, for example, physiotherapy and counselling.

If you have suffered either a physical or psychological injury, or both, in a car accident, work accident or another accident and wish to engage a lawyer to help you in managing your claim, speak to one of our compensation lawyers at Preston Law today.

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