Compensation law is designed to assist the recovery of those who have suffered injury, damage and / or loss arising from various circumstances by providing compensation for medical expenses, loss of wages, superannuation, potential future economic loss and also compensation for pain and suffering
Public liability claims are made against owners or occupiers of public spaces such as shopping centres, sporting facilities or theme parks for personal injury that can be attributed to the negligence of the owner, occupier or its agent. These claims are generally made through the public liability insurer.
Slip and fall incidents form a large portion of public liability claims and usually relate to injuries sustained due to slipping, falling or tripping in shopping centres or carparks as a result of the occupiers failure to ensure the premises is safe and free of hazards.
Workers compensation is aimed at supporting workers who are injured, aggravate an existing condition, become ill whilst performing their work duties, are hurt during a workplace incident or in some circumstances, whilst travelling to and from work. This is a no-fault system, providing injured workers with weekly benefits and access to medical assistance such as physiotherapy and rehabilitation and home care, whilst they recover. Workers may also be entitled to a one off lump sum payment for pain and suffering.
A work injury damages claim (or common law claim) may entitle an injured worker to pursue compensation against the employer’s insurer if the injury suffered was due to the employer’s negligence (either directly or through another employee or agent). Awards for work injury damages include a lump sum payment for past and future earnings, and compensation for lost superannuation.
Medical negligence claims encompass a large category of potential claims against health providers such as doctors, specialists, nurses, surgeons, dentists, hospitals and emergency clinics.
A person who suffers injury or loss due to the negligence (or malpractice) of a health care professional or facility may be entitled to compensation if he or she can prove that the conduct causing the injury fell below the standard of practice accepted within the community and the injury or loss could have been prevented had the requisite standard been applied.
Motor vehicle accident claims for injuries suffered by motorists, passengers or pedestrians due to the fault or partial fault of the driver of a motor vehicle are made through the Compulsory Third Party (CTP) insurer of the at-fault vehicle.
Compensation is assessed under a statutory scheme which imposes significant restrictions on the amount of compensation and entitlements that may be claimed. For very serious injuries resulting in whole person impairment of over 10%, compensation for pain and suffering may be awarded.