Injury Law

Work Accidents

 

Statutory Claims

A work injury may give rise to a:

  • Statutory Claim; and or

  • Common Law Claim.

 

All claims start off as a statutory claim.  Assessments are made of your injury and compensation calculated pursuant to a scale and amount stated in the WorkCover Legislation.

Claim forms can be found here:

https://www.worksafe.qld.gov.au/rehab-and-claims/injuries-at-work/making-a-claim

 

It is vitally important you contact us about your claim, the amount of any compensation and whether you will also have a Common Law Claim.

Common Law Claims

You may also have a Common Law Claim which may compensate you for:

  • Pain and suffering;

  • Past and Future Medical expenses;

  • Loss of wages past and future

  • Loss of Superannuation;

  • Care and assistance; and

  • Special equipment and home modifications.

 

Time Limits

Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.

Contact us now so we can give you the representation and advice needed to maximise and progress your claim.

 

 

Motor Vehicle Accidents

A claim can be made if an injury is caused by someone else in a motor vehicle accident.

Accident Analysis

 

Proving liability may require:

  • expert opinion

  • a careful analysis of:

    •  the mechanics of the accident

    • adherence to driving laws

  • forensic investigation of the scene.

 

What you need to do:

  • See a doctor, even if your injuries appear to be minor;

  • Obtain details of any other vehicles and drivers involved in the accident, as well as any witnesses;

  • Inform the police as soon as possible about the accident;

  • Notify the insurer of an intention to claim and

  • Lodge a Claim.

 

Time Limits

Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.

Contact us now so we can give you the representation and advice needed to maximise and progress your claim.

 

 

Public Liability/ Slip & Fall

Accidents on private or public property may entitle you to compensation claims.

Injury Types

We are skilled at dealing with slip/fall/tripping/public liability accidents where injuries can include:

  • Spinal injury

  • Head injury / Eye Injury

  • Upper / Lower limb injury

  • Fractures and Soft Tissue Injuries

  • Respiratory issues

  • Shock, Anxiety & Depression

 

Time Limits

Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.

Contact us now so we can give you the representation and advice needed to maximise and progress your claim.

 

 

Medical Negligence

If a doctor, medical centre or hospital has caused injury or harm than you may be entitled to a claim.

Types of Medical Negligence

Medical negligence actions may include:

  • Failing to warn of risks and consequences

  • failure to diagnose/misdiagnosis

  • negligent surgical procedures

  • failing to adopt proper sanitation and hygiene procedures

  • failing to minimise the spread of infectious disease

  • negligent birth processes which may lead to brain damage, physical deformities/cerebral palsy;

  • failure to refer to a specialist in a timely manner

  • aggravating previous medical conditions

  • failure to observe or report on test results.

 

Proving Causation

The elements of the claim require establishing:

  • the doctor/hospital owed a duty of care

  • the duty of care was breached

  • loss or damage was suffered as a result of that breach.

 

Specialist medical reports are required to assist in proving “causation”.

You are required to prove “on the balance of probabilities” that the doctor’s/hospital’s failures were the cause of your injuries.

Strict Regulatory Compliance

 

There are strict regulatory provisions that must be complied with in the Personal injuries Proceedings Act 2002.

A “Notice of Claim” must be provided within strict time limits.

A claimant must as part of giving a “complying part 1 Notice of Claim” give a report from a medical specialist, competent to assess the medical incident stating, in the medical specialists opinion:

  • that there was a failure to meet an appropriate standard of care in providing medical services

  • the reasons justifying the opinion

  • that as a result of the failure, the claimant suffered personal injury.

Other rules apply in respect of failure to warn of risk.

 

Time Limits

Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.

Contact us now so we can give you the representation and advice needed to maximise and progress your claim.

 

 

Superannuation/ Disability Claims

TPD and Death Benefits

 

Your superannuation fund may have disability insurance or death benefits attached to it.

Fighting for these benefits can be a long and complicated process and it is not unusual for some insurance companies to delay payment or wriggle their way out of paying.

Total and permanent disability may be available where a person becomes seriously ill or suffers a serious injury which prevents them from returning to work or doing similar jobs for which they have training and experience.

Do You Satisfy the Policy Definitions?

Disputes often arise in determining whether your injury and its consequences meet the criteria in the insurance policy. Definitions vary from policy to policy.

Competing Claims

Lump sum benefits may also be payable to spouses or loved ones in the event of death.

Sometimes there are competing claims by ex-spouses, de factos, or estranged family members.

 

Appeals

If the insurer rejects your claim you do have appeal rights to challenge and overturn unfair determinations.

Complaints can be made to the Superannuation Complaints Tribunal

Click here to learn more about the jurisdiction of the tribunal http://www.sct.gov.au/pages/make-a-complaint/what-does-the-tribunal-cover

Appeals can be tricky and technical and we recommend you contact us for strong representation on your appeal.

 

Time Limits

Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.

Contact us now so we can give you the representation and advice needed to maximise and progress your claim.

 

Will I Need To Go To Court?

In our experience, most cases settle without having to go to court.

We are tough negotiators and work towards achieving the best outcome for you.

Some cases do end up in court especially if there are complex or unresolved issues.

Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.

Contact us now so we can give you the representation and advice needed to maximise and progress your claim.

 Contact us to find out more or to arrange a consultation.

 
 
 
 
 
 

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