Personal injury is a broad term used to describe physical or psychological damage or loss sustained by somebody, usually due to the fault of another person or entity. Compensation law is designed to assist the recovery of those who have suffered personal injury by reimbursing their expenses, providing medical services and care, replacing lost income and/or awarding monetary sums.

Personal injuries can arise from somebody else’s negligence, a workplace accident or incident, a trip or fall in a public place, or a motor vehicle accident.

Public liability claims

If you have been injured in a public place, you may be entitled to compensation. In New South Wales a ‘public place’ is described as an area or property open to the public at large or to a category of people. Public liability claims are made against owners or occupiers of public spaces such as shopping centres, sporting facilities or theme parks. Claims can arise from circumstances such as slips or falls in shopping centres and walkways, injuries sustained due to faulty equipment, or dog attacks.

Workers compensation

If you have been injured during the course of your employment, it is important to understand your rights to workers compensation. It is your responsibility to claim compensation and failure to lodge a claim, no matter how small, may have an impact on the amount of compensation you can receive.

Workers compensation is aimed at supporting workers who are injured, aggravate an existing condition, become ill whilst performing their work duties, or are hurt during a workplace incident or (in some cases) while travelling to and from work.

Payment for workers compensation is determined on a case-by-case basis and depends on the extent and severity of your injuries. Compensation may include:

• weekly payments during incapacity to work
• expenses for medical treatment by medical professionals, supplies and equipment
• reasonable travel expenses for receiving treatment, medical examinations and attending medical assessment tribunals
• lump sum benefits
• return to work support for an injured worker who cannot continue with their current role but may be suitable for alternative employment

Motor vehicle accident claims

Many people think claiming compensation for motor vehicle accident injuries is an easy process, however it can leave you exposed to insurance companies who have plenty of experience in defending compensation claims. You have one shot at obtaining the best compensation outcome, so it is important to get it right!

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.

If you have been involved in a motor vehicle accident you should obtain the other vehicle’s registration details, including number plate, make and model of the vehicle. If possible, obtain the name, phone number, address, and insurer of the other driver. You should also take photographs of the damage to all vehicles involved in the accident and the scene of the accident.

Even if your injuries are minor, you should seek medical treatment as some injuries may not cause you immediate injury or pain. You should ensure all your symptoms are noted on your medical record. This will help avoid any disputes with the insurer about the cause of your injury if or when you lodge a claim for compensation.

If you wish to lodge a CTP insurance claim for any injuries, you must complete a SIRA Online Claim Notification form. You can also call and lodge a claim over the phone. If you are in hospital due to your injuries, you can ask a hospital Patient Liaison Officer to lodge the claim on your behalf. We suggest obtaining legal advice to assist with your claim to ensure your rights are adequately protected.

If you have been injured in a public place, at work, or in a motor vehicle accident, it is important to obtain legal advice quickly, so you are aware of your rights and the relevant timeframes within which to lodge a claim for compensation. We can assess your eligibility to claim based on your circumstances and pursue the maximum amount of compensation payable to help you deal with your injuries and assist your recovery.

If you need assistance, contact one of our lawyers at [email protected] or call (02) 4987 3344 for expert legal advice.