5 Most Common Law Compensation Claims – What You Need To Know

5 Most Common Law Compensation Claims

Have you been injured at work, in a motor vehicle accident, a sporting accident or a public place?  If so, you may be entitled to compensation.  In Queensland, there are five common types of compensation claims that we encounter every day.  These include:

1. Motor vehicle accident claims
2. Workers’ compensation claims
3. Public liability claims
4. Medical negligence claims
5. Total permanent disability (TPD) claims

1. Motor Vehicle Accident Claims

There are many types of motor vehicle accidents which a compensation claim can arise from:

• Car accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Public transport accidents
• E-scooter accidents

Motor vehicle accidents can cause both severe physical and psychological injuries which can affect your work and social life amongst other things.  If you have been injured in a motor vehicle accident, you may be entitled to lodge a claim with the relevant CTP insurer.

To have a successful motor vehicle accident claim you must prove you were not at-fault for causing the accident.  However, even if you were partly at-fault for the accident, for example not wearing a seat belt or helmet, not checking before crossing the road, or speeding, you may be able to still claim compensation.  If you were in this situation, you would be found to be contributory negligent, and your compensation amount would reflect this.

To find out if you are entitled to claiming compensation for injuries sustained in a motor vehicle accident contact one of our local personal injury lawyers today.

2. Workers’ Compensation Claims

Workers’ compensation claims arise out of work accidents resulting in either physical or psychological injuries, or both, caused by an employer’s negligence.  Some common workplace accidents we have dealt with include, but are not limited to:

• Falls / slip and falls
• Cuts and lacerations
• Chemical exposure
• Frequent lifting
• Repetitive movements / repetitive strains
• Falling objects
• Loud noise exposure
• Bullying / harassment
• Strains and sprains
• Journey claims (motor vehicle accidents on the way to work)

Usually to commence a workers’ compensation claim in Queensland, you lodge a claim with WorkCover Queensland.  Once WorkCover accepts your workers’ compensation claim you will receive weekly benefits as well as treatment.  Once your WorkCover claim comes to an end you may receive an offer from WorkCover.  If you receive an offer from WorkCover it is recommended you contact a workers’ compensation lawyer and obtain advice, as majority of the time you may be entitled to more compensation.  If you accept WorkCover’s offer you will be barred from claiming any further compensation.

If you have a work-related injury, a WorkCover claim, or have received an offer from WorkCover, it is important you seek legal advice about what you are entitled to and what your rights are.  Our team at Preston Law has been assisting injured workers all over Queensland for almost three decades.  Contact one of our experienced workers’ compensation lawyers today to know more.

3. Public Liability Claims

We all owe a duty of care to one another, and sometimes when that duty of care is not met and someone is negligent you may suffer an injury.  Public liability claims can arise in a number of instances, including, but not limited to:

• Slip-and-fall incidents
• Sporting accidents
• Rental property accidents
• Defective product or service accidents

If you suffer an injury in a public place as a result of someone’s negligence it is important to take photos of the place the incident occurred, take the details of any witnesses, and report the incident to whoever is in charge of that area.

If you are unsure if you suffered an injury as a result of someone else’s negligence, contact one of our compensation lawyers today.

4. Medical Negligence Claims

Medical practitioners and treatment providers must follow professional standards and have a duty to provide you with adequate care.  However, sometimes when this duty is breached you may sustain an injury and could potentially claim medical negligence.  Medical negligence can arise in the following situations:

• Surgical errors
• Misdiagnosis
• Delayed diagnosis
• Medication prescription errors
• Anaesthesia errors
• Incorrect interpretation of medical reports or scans
• Insufficient warning prior to medical procedure

Medical negligence cases can be very complex.  If you believe you have suffered harm as a result of a medical practitioners negligence, contact one of our experienced personal injury lawyers today.

5. Total and Permanent Disability (TPD) Claims

If you have suffered an illness or injury and you are not able to work you may be entitled to make a claim for total and permanent disability on your superannuation.

You need to satisfy certain criteria in order to be able to make a TPD claim.  You must:

• Have an injury or illness that prevents you from undertaking your usual job; and
• You must be off work for at least three months.

A TPD payment various and depends on your policy.  If you have suffered an injury or illness and have not been able to return to your usual job, contact one of our experienced personal injury lawyers today.

If you have suffered an injury as a result of a motor vehicle accident, work accident, sporting accident, an incident in a public place, or medical malpractice, it is important to seek advice on whether you can claim compensation.  Preston law is a local firm which has been servicing Cairns and the far north Queensland region for almost five decades.  To find out more about compensation claims, contact one of our experienced compensation lawyers today.