Understanding a compensation claim
It is commonly assumed that if you are injured in an accident, you can put in a straightforward compensation claim for the other party’s insurer to process. The process is in fact much more complex, which is why personal injury lawyers are here to help.
In the first instance, whether the other party was negligent or not is crucial. Negligence is a prerequisite for public liability claims and medical negligence claims. However if you were injured at work or on the road, you have limited rights to benefits without proving negligence.
The location and type of accident can also affect the amount of compensation you receive. An accident at work may be covered under workers compensation. If it involves a third party you may have further entitlements under the Civil Liability Act 2002 (NSW).
If the accident occurs during work hours but whilst you are driving you may still have entitlements to workers compensation. You may also have entitlements under compulsory third party insurance.
If your injuries mean you are unable to work for a number of months you may be able to make a claim through your superannuation policy as well.
Sometimes two or three insurance claims can arise from the same accident. Different insurance schemes offer varying benefits with some more generous than others.
It is important that you make the right claim because time limits apply. It is also important to seek legal advice. If you have been injured in an accident, contact Stacks Goudkamp on 1800 25 1800 for a free, no obligation assessment of your claim from one of our friendly compensation experts, or make an online enquiry.
Written by Alexander Morrison.
Alexander Morrison is a Solicitor in Victoria Roy’s Practice Group. Alex has a varied practice including motor vehicle claims and public liability claims that occur both within Australia and overseas.