Compensation Law

Compensation law is designed to assist the recovery of those who have suffered injury, illness and / or loss arising from various circumstances, by reimbursing expenses, providing medical services and care and / or awarding monetary sums.

Compensation laws help injured people get back on track (as best as possible) after suffering injury and loss. Insurers are large corporations that are legally represented or have their own in-house legal team, so it makes sense to have your own lawyer to help pursue your rights and obtain fair compensation on your behalf.

If you have been injured in a public place, at work, in a motor vehicle accident or other situation, it is important to obtain legal advice quickly. Even injuries that do not seem immediately serious can deteriorate over time. Time limits apply when seeking compensation and it is important to ensure you are aware of your rights and entitlements, so the appropriate claim can be made.

Public Liability

These types of compensation 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 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 or because of malfunctioning equipment such as faulty doors, escalators and lifts, or broken chairs.

Workers Compensation

Workers’ compensation laws are 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 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.

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 may include any one or more of:

  • lump sum payment for permanent impairment
  • payment for past and future out-of-pocket expenses
  • payment for past and future earnings
  • compensation for lost superannuation
  • costs for ongoing care and assistance

Motor Vehicle Accident Claims

If you have been in a car accident before, you will know that they can be very serious and very stressful.

Compensation for injuries suffered by motorists, passengers, or pedestrians are made by eligible persons through the Compulsory Third Party (CTP) insurer of the at-fault vehicle. Motor vehicle accident claims can include:

  • motor vehicle collisions
  • motorcycle and bicycle accidents
  • accidents involving pedestrians
  • heavy vehicle accidents

In some cases, a collision between two or more vehicles need not have occurred for an injured person to be entitled to claim compensation. Injuries sustained by taking evasive action due to the negligence of somebody else, or in circumstances involving an out of control or defective motor vehicle, may entitle you to claim compensation.

It is essential to collect as much information as possible from the accident and regarding your injuries. Our experienced compensation lawyers can assist with:

  • evaluating your motor vehicle accident claim
  • lodging a claim
  • obtaining or collating important information including details of other vehicles involved, insurers, medical reports, clinical notes, etc.
  • organising medical or other expert reports
  • organising witnesses and witness statements
  • explanation of Police reports
  • liaising with insurance companies on your behalf about the accident

If you need any assistance, contact one of our Townsville compensation lawyers at [email protected] or call 07 4724 1152 for a no-obligation discussion and for expert legal advice.