Understanding personal injury claims and entitlements in Australia


Personal injury is legally defined as bodily harm taken as a result of another party’s actions or lack of taking necessary actions. Generally, liability should be established if the case is carried to the court. However, if you can strongly represent yourself and successfully prove that you are the victim, you can solve the process and be compensated by the insurer; save time and money without carrying the case to the legal authority. The content of compensation generally includes all the necessary medical expenses such as surgeries, medical equipment expenditures, treatment sessions; and compensable economic loss such as income loss and decreased earning capacity due to permanent impairment. In Australia, the mental damages sustained by the victim are also compensable and classified under non-economic loss

What is workers compensation in Australia?

Those who are suffering injuries, illnesses or dust-related disease in Australia whilst being classed as a worker under the laws, are eligible to claim compensation to recover their economic and non-economic loss. Workers in Australia can make a claim with the assistance of a lawyer free of charge. This a benefit provided by the Workers Compensation Independent review office to support workers in need. WIRO, approves lawyer to act on behalf of the injured workers during the process.

Under the laws, the definition of a worker is very broad and involves almost every employment. According to the Work Health and Safety Act of 2011, as an addition to the common description of a worker, all kinds of employees, contractor, subcontractors and interns are involved in the definition of worker. However, the process works differently for the exempt workers as the entitlements and the criteria for making a claim is slightly modified.

How does the compensation claim process work for public accidents in Australia?

Speaking for Australia, all citizens and civilians are obliged to contribute to public safety by fulfilling their simple yet effective duties. The number of claims made on slip and fall accidents is outrageous, while such an accident could be prevented without much of an effort. Even in our own properties, we should provide a safe environment for our visitors to prevent any potential harm. Under the Civil Liability Act, it is clearly stated that the business providers or keepers of public properties shouldn’t fall below the accepted standards. These standards are not hard to achieve, in fact, simply performing civilian duties is sufficient. Potential hazards in the workplace, public properties and businesses should be assessed and eliminated. If failed, an accident might appear, and the businesses are likely to be liable for the harm.

Public liability compensation can be claimed by those suffering injuries occurred in a public place. Although it is relative, it is fair to say that these claims are complex and overwhelming. A proper case evaluation is always recommended before lodging a claim. During the process, the claimant has the onus to prove the negligence that caused the victim harm. In the court’s decision, the claimant’s behaviour will also be considered as lack of taking personal care can also contribute to the severity of injuries. The contributory negligence factor applies to all personal injury claims. However, in public liability claims, it is harder to encounter the claimant’s negligence.

On the other hand, in motor vehicle accidents, even the most responsible individuals can contribute to their injuries. Contributory negligence is defined as lack of taking personal care to decrease the chances of severe injuries, in case of an accident. In motor vehicle accidents, not fastening your seatbelt is a factor that is likely to increase the damages taken from someone else’s negligent actions.

Should I contact a lawyer to understand my entitlements?

It is strongly advised to contact a professional as these case evaluations can be arranged free of charge. The common idea is that the advantages of hiring a lawyer are undeniable and your choice will surely reflect on the case result. However, these claims can still be managed individually. Many can hire a lawyer to avoid the frustrating process, and the conversations with the other party, whilst the others can choose to hire a lawyer to isolate themselves from the process, as focusing both on your injuries and the claim can be challenging. These are only 2 of the many wisely named advantages of working with a lawyer. Regarding the importance of the compensation, your future financial safety can be depending on the court’s decision, as your capacity to earn can significantly decrease while suffering such severe injuries.