Fault in Compensation Claims – Quick Answer
Fault can be important in many compensation claims, but its role depends on the type of claim being made. Some claims focus heavily on whether another party caused or contributed to the injury, while others may involve different entitlement rules, insurance schemes or statutory benefits.
The safest approach is not to assume fault decides everything. The claim type, injury circumstances, available evidence and applicable scheme all need to be considered.
Fault matters differently across compensation claim types, so injured people should get advice before assuming they are or are not eligible.
Fault by Claim Type
- Motor vehicle accident: Fault, insurer rules and scheme entitlements may all be relevant.
- Public liability: Usually focuses on whether another party failed to take reasonable care.
- Workers compensation: Entitlements may be available even where the worker did not cause the incident.
- Medical negligence: Focuses on whether treatment fell below the expected standard and caused harm.
What does fault mean in a compensation claim?
Fault generally refers to whether a person, organisation or provider caused or contributed to an injury through action or inaction.
A very important factor, and one of the first issues to be addressed in any motor vehicle accident, is whether the injured party represented is at fault. Fault in these claims can be split into three categories: not at fault, at fault, and partly at fault.
Does fault always decide whether you can claim compensation?
Fault does not always decide the outcome because different compensation schemes have different rules.
Ordinarily, when a person is not at fault for an accident, they may claim compensation for a range of benefits including treatment, rehabilitation, care, economic loss and pain and suffering. It is important to note that if you found to be partly at fault for your injuries, then it is not the end of the world; the benefits to injured parties will still be available to you. In these cases, being at fault is described as ‘contributory negligence’, which indicates that some of the party’s actions will be deemed to contribute to the likelihood of the accident.
Contributory negligence can consist of (but is not limited to): not wearing a seatbelt, driving under the influence of drugs or alcohol, travelling in a vehicle where you know the driver to be under the influence of drugs or alcohol, driving at an unsafe speed, not wearing a helmet when riding a motorcycle or bicycle.
If you are unsure whether fault affects your claim, our compensation lawyers can help you understand the right pathway.
How does fault apply in different types of injury claims?
Fault may be assessed differently in motor accident, public liability, workers compensation and medical negligence claims.
If you are found to be at fault to some degree, the access to compensation will not change, only the amount you are able to claim. The amount of compensation will be less than a ‘not at fault’ claim.
In the case where the injured party is completely at fault, the CTP Green Slip Scheme will still cover up to $5000 worth of treatment costs, and lost income for up to 6 months after the accident.
In certain circumstances, injured parties are entitled to compensation regardless of fault:
- Children under the age of 16 in NSW are automatically covered under a Green Slip when injured in a motor vehicle accident.
- If a close relative dies in a motor vehicle accident caused partly or completely by another driver.
- People who suffer severe injuries (spinal cord or brain injuries) are provided with treatment, care and support.
- When there is no driver at fault in an accident (strokes at the wheel, unexplained car failure).
What evidence can help show fault?
Photos, incident reports, witness details, medical records and correspondence can help clarify what happened.
What should you do if you are unsure who was at fault?
You should get legal advice before deciding that you cannot claim, because liability and entitlement can be more complex than they first appear.
If you, or someone you care about has been involved in a motor vehicle accident, you may be entitled to compensation. For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 251 800, or alternatively make an online enquiry.
Written by Luke Ramshaw.
Luke Ramshaw is a paralegal to Ian Chipchase. Luke assists Ian with a variety of compensation matters, including workers compensation claims and work injury damages claims.
FREQUENTLY ASKED QUESTIONS
Does fault affect compensation claims?
Yes, fault can affect many claims, but its importance depends on the type of claim and the legal scheme involved.
Can I claim compensation if I was partly at fault?
You may still have options in some circumstances, but partial fault can affect how a claim is assessed. Legal advice is recommended.
What evidence helps prove fault?
Useful evidence can include photos, incident reports, CCTV, witness details, medical records and written communication about the incident.
Is workers compensation based on fault?
Workers compensation can involve different rules from other injury claims. Injured workers should seek advice before assuming fault prevents a claim.
How can Stacks Goudkamp help if fault is disputed?
Stacks Goudkamp can review the evidence, claim type and circumstances to advise how fault may affect your compensation options.
