Most people are not aware of their right of personal injury claims, or to the fact that they are entitled to make a claim.
When people who cannot live their life to the fullest as a result of injuries (physical or psychological) sustained at the hands of another, and continue to suffer because they do not know the laws that support them.
Personal injury is defined as physical and/or psychological injuries to an individual that are the mistake/s of another responsible party, it could be an individual, an employer, the owner or manager of a public space or the driver of a vehicle.
How long do personal injury cases take to resolve?
A very large percentage of claims are settled before legal proceedings commence, in this case, outcome can be a matter of months. However, if the claim is in dispute and either the insurer or claimant has unreasonable expectations which means a case may need to be decided in the Courts and it will then be drawn out over many months, or even years.
What evidence do you need to make a claim?
Proving a claim is not a simple process and it is advisable to enlist the services of a professional lawyer specialising in personal injury claims to ensure you can provide the following:
- Relevant Insurance Policies (if applicable);
- Evidence of injury, negligence and/or damage suffered;
- For disability claims, an individual will need to provide relevant supporting documents such as medical reports, financial records, estimated costs of future medical treatment, reports indicating future loss of income, a psychological report, police records and/or an insurance assessment of the value of any material damages sustained.
How much can an individual claim in compensation?
The amount entitled to a claim is dependent on several factors: the severity of the injury, how many days a person is off work, the impact of future earnings and the economic situation of the company found liable.
A claim must be lodged as soon as possible, but generally, the time limit to issue legal proceedings is three years from the date of injury. Each type of claim and each state has its own requirements and procedures and public servants fall into a separate category altogether, therefore it’s important to know that there is no blanket approach or solution and each case is unique.
Individuals should be able to make up their own mind on whether on not they wish to pursue a personal injury claim, but they can’t do that if they don’t have access to resources or aren’t aware of their rights when it comes to claiming compensation.
Total and Permanent Disablement (TPD) Claims:
A Total & Permanent Disable Claim is an insurance claim made against one’s own insurance if they suffer from a medical condition which affects their capacity to work. TPD policies could be a standalone cover or as a group policy within your Superannuation. Coverage may extend to the inability of the person to perform the same type of duties or may be limited to a complete inability to work in any capacity, depending on the scope of the TPD policy.
At the time of making a claim, the claimant will need to provide sufficient evidence of their medical condition and the degree to which their capacity to work has subsequently been impaired.
If a claim is accepted, the insurer will usually provide a lump sum payment which can be applied to cover medical costs and provide financial assistance.
Psychological Injury and Workplace Bullying
If you have suffered a psychological injury in the course of your employment, including as a result of bullying or harassment in the workplace, you may have a right to claim compensation.
“In the Course of Employment” means that your employment must be a ‘substantial contributing factor’ to your injury. The Insurer will often arrange an independent medical specialist to provide their expert opinion about your condition and dispute your claim. If this happens in your claim, please get advice from an experienced lawyer as soon as possible and challenge the Insurer’s decision.
Bullying and harassment type claims are the most common forms of psychological/psychiatric injury work related claims made. Unfortunately, there seems to be a very high occurrence rate for bullying and harassment type claims to arise in certain groups of occupations and industries. Due to its complex subjective nature, a large percentage of this type of claims are declined by the Insurer. If it happens to you, please get advice from an experienced lawyer to assist you to challenge the Insurer’s decision.
