Common Questions About Medical Negligence Claims
When we require medical care, we trust our doctors and healthcare professionals to make things right. When things don’t go as planned due to inadequate advice, skill or treatment, it can be a scary and confusing time. If you’ve been the victim of medical negligence or malpractice, you’re probably feeling overwhelmed and searching for answers. Personal Injury Helpline can answer your questions and guide you through the medical negligence claim process. Am I eligible to make a medical negligence claim? The law surrounding medical negligence is different in each state and territory of Australia. Your personal injury lawyer can inform you of the legal requirements for your location. Generally speaking, you may be entitled to make a claim if your healthcare professional has failed to: The grounds for a medical negligence claim may differ depending on your location. What is required to make a medical negligence claim? In Queensland, you’re required to prove the following to be entitled to make a claim: These requirements are relevant for Queensland only. Consult a professional personal injury lawyer to understand other state-specific requirements. Can I make a claim if I’m the victim of a close call? It is important to remember that you cannot make a claim unless damage has occurred as a direct result of the negligence of your medical practitioner. For example, if your doctor makes a mistake on the operating table but is able to rectify it, leaving you without pain or suffering caused by that negligence, you cannot make a claim against the doctor’s negligence. Being the victim of a near miss generally does not provide grounds for a medical negligence claim. You need to prove that you have suffered pain or injury as a result of the negligence. How do I prove medical negligence? You need to prove that your doctor or hospital failed to reach the standard of care reasonably expected from a professional in the circumstances, directly resulting in pain, injury or loss. This may come in the form of medical records, professional opinions, proof of lost wages, or other documentation. How do I get access to medical records? You are legally entitled to access your personal medical records, unless those records would have a negative effect on your physical, mental or emotional wellbeing. Simply ask your hospital for a Freedom of Information request form to view your medical records. How long do I have to make a claim? Strict time limits apply to making a medical negligence claim. The timeframe will depend on the laws of where you live, but generally you are required to file a claim within 3 years for adults and 6 years for children. There is usually no limit for people with an existing disability. How long do medical negligence claims take? Depending on your individual circumstances, your medical negligence compensation claim can take up to several years to finalise. Factors that can influence the timeframe of your claim can include the strength of your claim, possible court delays, and whether each party can agree on a settlement. Will I have to go to court? Almost every medical negligence claim in Australia is settled before trial. In most cases, the malpractice insurers of the other party will offer a lump sum payment to avoid going to trial and face being sued. How much compensation will I receive from my claim? The damages you receive will depend on your individual circumstances. Factors that will affect your compensation might include: Your personal injury lawyer can provide advice regarding the approximate sum you might be entitled to should your claim be successful. Can I make a claim for the death of a family member? Yes. If your family member dies as the direct result of medical negligence or malpractice, you are eligible to file a compensation claim. These claims are limited to diagnosed psychological conditions (not normal grieving) and for the lost income dependants would have received from the deceased had the deceased lived. How much does it cost to proceed with a medical negligence claim? Personal Injury Helpline has access to experienced personal injury lawyers that offer a No Win No Fee service. This means that you don’t pay for any legal fees unless your claim is successful. Can I represent myself in a medical negligence claim? Medical negligence claims are often the most complicated claims to make. It can be very difficult to prove negligence without assistance from a personal injury specialist, especially with laws protecting medical professionals from being sued. As the medical negligence law is so technical and can be confusing for those who are not familiar with the terms and regulations, it is recommended that you seek professional representation for the best chance at a successful claim. Personal Injury Helpline gives you immediate access to personal injury lawyers who are experienced in medical negligence claims. Call today on 1800 435 754 or enquire online to discuss your situation.
What Is A Traffic Collision
We are sorry to hear that you or someone close to you was in a traffic collision. We recognise that accidents like this can be stressful. Our lawyers specialise in traffic collision claims and are here to listen to your situation and offer their expertise. A traffic collision occurs when a vehicle collides with another object. This could be another vehicle, pedestrian, animal, road debris, tree, pole, or building. On many occasions, road traffic collisions result in personal injuries, disabilities, death, property damages, or psychological damages. In this article we cover the following queries on what to do after a traffic collision: When to Report a Traffic Collision to the Police Report the traffic collision to the police when there has been: If you have already left the scene, report the matter to your local police station. They will investigate your concerns. Otherwise, it is possible to exchange information with the other people involved in the traffic collision and leave the crash site. Why Report a Traffic Collision to the Police Reporting the traffic collision to the police provides proof that your loss occurred and a summary of information regarding the circumstances around the traffic collision. When a traffic collision requires police assistance, the insurer can request the police report. Without the police report, the insurer can decline your claim. If you did not require police assistance, the insurer is not in the right to request this report number from you. If you have not been given or forgot the identification number of the police report, our lawyers can assist you in locating the report. Contact us now for assistance. How to Report a Traffic Collision to the Police In Queensland, there are a few ways you can report a traffic collision to the Police. You can do it online, by phoning Policelink (131 444), or at your local police station. If anyone is seriously injured or in immediate danger, call 000. A reportable crash is when there has been a death or injury that requires medical attention, a driver fails or is refusing to provide the required details, or there are vehicles that need to be towed or carried away by another vehicle. If none of these circumstances exist and you still want to report the traffic collision to the police, go to your nearest police station or call Policelink (131 444). If you are from Queensland and had the traffic collision interstate, call the Queensland Police Service on (07) 3055 6206. They should help you get in touch with the relevant local law enforcement agency. No matter what kind of personal injury you have sustained from the traffic collision, our No Win No Fee lawyers are experts in personal injury law. FAQs on Police Reports After Traffic Collisions Do Police Send Accident Reports to Insurance? Yes – Your insurer can request the police report from the police. If your traffic collision fell under the ‘police attendance criteria’, they have the legal right to ask you for the police report number to acquire the police report from the police. How Do I Find My Police Report Number? The police assisting at the scene of the traffic collision should hand you a receipt with the police report number. If you have lost the police report number, call Policelink (131 444) and provide your name, and the date, time, and location of the traffic collision. If you have made a police report at a police station or online, you should receive your police report number within 5 days after preparing the police report. How Long to Get a Police Report After Accident? The Queensland Police Service will be able to provide you a copy of the police report (with a small admin fee) when you reference your police report number. Another way you can obtain the police report (free of charge) is by asking your insurer. Do Car Accidents Need to be Reported to the Police? You must report the traffic collision to the police when there was been a death or injury, the driver fails or refuses to provide the required information, or the vehicle must be towed away. If none of these circumstances exist, you are not required to report the traffic collision to the police. If you wish to report the traffic collision and the police did not attend, you can report the matter at a police station. Why Report a Traffic Collision to your Insurance Provider Many insurance companies will have time limits to when you can lodge an insurance claim for your losses from the traffic collision. Reporting the traffic collision on the day or within the week to your insurer will better your chances of getting your insurance claim approved and quickly. Before settling your claim with your insurance company, consider speaking to an experienced traffic collision lawyer to maximise the number of losses you recover. Our lawyers will make sure your rights are protected in your claims process. Have questions about how to report a traffic collision to your insurer? Contact our lawyers now for answers. FAQs on Insurance After Traffic Collisions Do I Have to Report the Traffic Accident to My Insurance? Yes – You have the duty of disclosure to report the traffic collision to your insurer. It is also better to report the traffic collision to your insurance because the other driver might decide to make a claim against you.
Food Poisoning Claims
What is Food Poisoning? Food poisoning or foodborne illness refers to any sort of illness that comes about from contaminated food. Often, the cause of foodborne illnesses comes from bacteria, viruses, toxins, or parasites contained within the food. Food poisoning will present itself most commonly in symptoms such as nausea, vomiting and diarrhea, but can also include chills, dizziness, fatigue, pain in the abdomen, cramps, headache and more. In more serious cases, you may end up hospitalised because of your food poisoning. I Think I’ve got Food Poisoning from a Restaurant: What Can I do? If you have fallen ill after eating at a restaurant, you have some options regarding your next steps. The best thing to start with is to try and determine the source of your infection. If you think that it’s possible that your illness stems from something that you incorrectly prepared yourself, you may just need to be more careful in the future. An example of this could be last night’s leftovers that were in the fridge a little too long, or an undercooked chicken breast. If you’ve run through your potential sources of food poisoning and feel confident that it came from a restaurant or takeaway place, you should begin recording details of your experience. Track down any others that ate at the restaurant such as friends or family to see if their experience is the same. Keep any photos of the food you have and keep a record of any medical expenses you’ve had. Then, you can contact a public liability lawyer such as the experts at Personal Injury Helpline for more information about claiming compensation. Food Poisoning Compensation Under public liability laws in Australia, restaurants that serve contaminated food can be found to be liable to pay damages to those that fall ill from their food. If a restaurant serves you food that fails in the duty of care that they have for their patrons, they may find themselves in some hot water. How to Prove Food Poisoning from a Restaurant? In assessing a case of food poisoning, there is a major challenge in proving that the source of your illness or contamination came from a particular restaurant. As you can imagine, timelines are not always crystal clear, and a person will consume multiple things from multiple sources within the space of a single day. This is one of the reasons as to why it can be easier finding the source of infection when there are multiple cases of food poisoning. If the stricken people are related in any way, it can be easier to narrow down the potential source of their infection. Proving liability in a food poisoning compensation claim requires some careful investigation into both the sick person’s condition and the suspected source of the illness. Analysing body waste and the suspected source of contaminated food will provide more clarity to this point. In food poisoning compensation cases, most of the difficulty lies in proving that your case is valid. With a team of experts by your side, you can give yourself the best chance at success. Contact Personal Injury Helpline for more information today.
Can An Employee Claim For Psychological Injury?
The Duty of Care that your employer has for you and the other workers employed by them includes keeping you out of any undue harm. The most obvious result of negligence in this arena comes in the form of a physical injury, but this also applies to psychological injuries that you sustain because of your employer or workplace. As a result of this, sustaining a mental or psychological injury at work means that you can be eligible for a workers’ compensation claim. Psychological Injury Payouts in Queensland Psychological injury payouts are calculated on a similar basis to physical injuries payouts for workers’ compensation claims. The psychological injury payouts you receive in Queensland intends to compensate you for the losses you have incurred. These include: Psychological Injury Examples Psychological injuries that are commonly sustained by workers involved emotional or cognitive troubles. Every case is different, and psychological injury is not often as clear cut as a physical injury, but the symptoms can often present themselves in similar ways. Some common ways that psychological injuries present themselves are in raised levels of anxiety, stress, depression, or post-traumatic stress disorder. Causes of Psychological Injury to Workers The psychological injury must be tied to workplace events. They must come about because of negligence on the part of your employer to facilitate a claim. Workplace Bullying & Harassment Workplace harassment is a common cause for psychological injury, as workers no longer feel comfortable in the working environment that they are being placed in. Bullying, intimidation, or harassment can come from people in positions of power, but this is not always the case. It is still your employer’s responsibility to provide you with an environment free of undue psychological stress. Stress Stress can come from several triggers, both internally and externally. Maybe your workload or responsibilities have increased significantly, and you have not been given access to the proper resources to help you to manage your work. If you are finding yourself unable to relieve work-related stress and your employer has caused this through negligence, you may be able to claim workers’ compensation. Overworking & Exhaustion Shift workers working longer hours are very prone to feeling overworked and mentally exhausted. This can contribute to psychological injuries such as depression and more. Also, this can come about because of changed working conditions where workers’ responsibilities have been changed. Some workers may end up having to contribute more to make up for missing or terminated employees, contributing to mental exhaustion. Dangerous Working Conditions Dangerous working conditions can play into anxiety and feelings of elevated alertness, where workers don’t feel comfortable and safe in their daily working environment. Workers in higher-risk occupations may find themselves mentally suffering because of dangerous working conditions. Job Insecurity Often during times of economic instability, companies find themselves forced to restructure and lose workers to save on cost. The mental wellbeing of workers with an uncertain future can be tested in times like these! Other Workplace Injuries Your psychological injury could even be the result of another workplace injury which has negatively affected your mental health. You may be finding it difficult to adapt to not working or your new way of living, which is affecting your mental wellbeing. If you’ve suffered a psychological injury because of your workplace, you may be able to claim workers’ compensation. At Personal Injury helpline, we’re experts in compensation claims. Contact us today for a free claim assessment!
What Happens If Someone Is Injured On My Property?
As an owner of a private property, you may be a little confused about your liabilities in the event that someone is injured while on your premises. For example, what if a tradie or handyman is injured on your property, would you be liable for a lawsuit? The team at Personal Injury Helpline provides a brief explanation. Liability for Persons Injured on Your Property Your duty of care as a private property owner is similar to how it is in many other cases, for example, the duty of care that an employer has for their employees. Essentially, your duty of care for the people that are entering into your property includes not putting them into a situation with any foreseeable danger. You need to have taken reasonable steps to keep each visitor to your property free from injury. This extends to all visitors of your property, which may include friends, family, and workers. Tradies, handymen, nannies, gardeners, and cleaners are some other examples of people that may come to our house, all of which fall under your duty of care. While these people are working on your property, they are not exempt from the duty of care you provide. If a person injures themselves on your property, you could be liable. The situation is often not as simple as it has been laid out here. For example, in renovations and large-scale construction work, there is often multiple parties involved and can be a tricky situation to navigate. This may mean that more than person could be liable. Home Insurance Policies and Private Liability If you have taken out a home insurance policy for your property, you may be covered for legal liability as part of your policy. Whether or not this is covered as part of your policy, as well as how far that stretches will differ with each provider and policy. For example, the legislation around employees, contractors and workers being injured on your property can be difficult to navigate. Workers’ Compensation or Personal Injury? Workers that come to your house, or people who are employed by you may not be covered by your home insurance policy. This is because they are covered under workers’ compensation legislation, and you are their employer. In this case, you may be found liable if they are injured and your home insurance policy will not be able to provide cover. Contractors that are employed by a separate party are a little different and may be covered under their own or their employer’s workers’ compensation policy. So, If Someone is Injured on Your Property, Are You Liable? There really is no short answer to this question. Each case is unique, with its own specific fact and details. Assigning who was at fault for the accident or injury plays a large part in whether you are found liable. Preventing Liability on Your Property If you have taken the proper steps to ensure that no one will be injured on your property, this may not be something that you will ever have to worry about. If you want to play it safe, make sure that you are staying on top of all your necessary home maintenance, and all visitors to your property are warned of any hazards that may be present. In this way, you can take some practical steps to protecting yourself from liability for injury. Additionally, it will also beneficial for you to contact your insurer to confirm the coverage of your home insurance policy. At Personal Injury Helpline, we’re experts at navigating the tricky claims process associated with personal injury claims. For more information, contact us today!
Injuries From Defective Products
Defective Product Injury Claims Defective products are something that every manufacturer seeks to avoid, but they are still a relatively common occurrence. This defect may be caused during manufacturing, shipping or anywhere along the supply chain that eventually leads to the consumer. This often leads to the product not functioning as it is intended and causing issues. In more serious cases, where a consumer is injured because of a defective product, it can also be the cause of expensive personal injury claims. As a result of a product not functioning correctly, it is entirely possible that you as a consumer could be injured. An example of an injury from a defective product could include gym equipment that fails and causes injury to the user. This begs the question, what would be your next step in claiming public liability compensation from a defective product? Proof of Negligence When making a defective product liability claim, negligence must be proved. This may be through a formal inspection by a third-party engineer. In some cases, this inspection can prove by way of probability that the failure of the product was not the fault of the manufacturer or other parties involved but the user. In this case, the defective product claim is invalid. In cases where the user was not at fault, this process is very useful in determining which party is responsible for damaging the product and causing the injury. As you can imagine, the manufacturer of the product is not the only party involved in the full supply chain. Liability for Defective Products Using the gym equipment example, the defective product may have had its defect caused during manufacturing, transit, wholesale and more. This varies on a case-by-case basis. In many cases these are handled by separate parties, so determining liability is important. Consumers are protected under Australian law, meaning that liable parties can be claimed against if they are found to have failed in their duty of care. Defective product liability claims can be applied where you have bought the product for your own personal use, but also in situations where someone else has bought the product. For example, if you are injured by a faulty product in a restaurant (such as a broken chair or something of that nature) you may be still eligible for a product liability claim. In this case, the claim may be brought against the owner of the defective product. Contaminated Fruit Case Study In September of 2018, needles were found within punnets of strawberries and other fruit in Queensland and larger Australia. Over the course of the next few months, roughly 100 cases of contaminated fruits were reported. Multiple people were injured, spending time in hospital with abdominal pains. The needles were eventually found to have been placed in the fruit by a disgruntled farm supervisor. This case is a great example of where multiple parties were involved in the eventual sale of contaminated products to consumers. While the culprit ended up being determined as being related to the supplier, there were several other parties involved including transit companies and the eventual retailer that could have potentially been found to have been at fault for injuries sustained. Overall, defective goods and products are an unfortunate outcome, especially when they result in injuries. In Australia, there is legislation to provide those that are injured with compensation so that they can focus on their recovery. If you are unsure of your eligibility for a product liability claim, contact the experts at Personal Injury Helpline. We offer free claim assessments!
Whiplash Symptoms And Recovery
Sustaining whiplash can have an extremely negative outcome on your standard of living. This type of neck injury is notorious for causing chronic pain and reduced mobility in the neck, head and shoulders. Knowing how to recognise the symptoms of whiplash is essential to the recovery process. Personal Injury Helpline can tell you how to spot the warning signs. What is whiplash? Impacting the muscles, ligaments and bones in the neck and shoulders, whiplash occurs when a person’s head is forced into an abrupt back-and-forth movement. This can damage the internal structure of the neck, resulting in pain and restricted movement. Covering a broad range of injuries, whiplash can vary in severity depending on how much force the neck has been exposed to. No two cases of whiplash are the same – some people recover in a matter of weeks, whereas others may experience chronic pain for several years. Since all whiplash injuries are unique, recovery time and treatment methods can differ between cases. What causes whiplash? Car accidents are one of the leading causes of whiplash. Rear-end collisions have especially high rates of whiplash injuries, as the passengers of the vehicles involved are usually thrown backwards and then forwards. In addition to car accidents, it’s not uncommon for this type of neck injury to also occur in contact sports. The pain associated with whiplash is triggered by the soft tissue damage that occurs when a person’s head is forced backwards and then forwards at high speed. This movement throws the neck into a hyper-flexed position, stretching the top half of the spine far beyond its usual range of movement. In extreme cases, whiplash can rupture ligaments and even break bones, prolonging the recovery process even further. What are some whiplash symptoms? Even though whiplash is categorised as a neck injury, symptoms can be felt throughout the entire upper body. These are some of the most immediate symptoms people with whiplash experience: It’s important to note that whiplash symptoms can get worse with time. If you think you may have injured your neck, always see a doctor. Ignoring your symptoms and delaying treatment can prolong the recovery process. In severe and chronic cases of whiplash, symptoms can also be psychological. People with whiplash often find it difficult to recover their former quality of life, leading to the following symptoms: These symptoms are no less serious than the physical side effects of whiplash, and should be treated accordingly. How is whiplash treated? Whiplash is usually treated through a combination of pain management and physical therapy. Surgery may be required in severe cases. After sustaining whiplash, it’s crucial to stabilise the person’s neck until their injury has been assessed by a medical professional. Once a diagnoses has been made, an appropriate treatment plan can be identified. Although it’s important to keep the upper body as still as possible following a whiplash injury, leaving the neck immobile for too long can make the injury worse. With the approval of their doctor, people with whiplash should start doing physical therapy sooner rather than later. Moving the neck can help ease stiffness in the muscles and tendons. How long does it take to recover from whiplash? Whiplash recovery times can vary, but most mild cases usually heal within 6 weeks. More severe whiplash injuries can take months or even years to heal. Due to the amount of time it takes to recover from chronic whiplash, this injury can impact a person’s ability to earn income. If you’ve sustained whiplash in an accident that you weren’t responsible for, you may be entitled to compensation. Claiming damages for a whiplash injury can provide you with a financial safety net while you recover. Contact Personal Injury Helpline to find out what your rights are today.
What To Do If You’re A Cyclist Involved In A Hit & Run
Experiencing a collision while on your bicycle can be shocking and scary. It can be even more confusing when the other vehicle flees the scene. If you’re a cyclist involved in a hit and run, it’s important to know what to do following the accident, especially if you wish to make a cycling accident compensation claim. By following these steps after your incident, you can improve your chances of having a successful outcome and achieving the compensation you deserve. Immediately report the incident to the police The best way to find the person responsible for your accident is reporting it to the police. If police don’t attend the scene of the accident, call up or go to a station and make a statement. Even if you don’t have a description of the driver or a licence plate number, the police have resources that can investigate this information to support your personal injury claim. Even if the driver can’t be located by the police, you will almost always need a police report to present to your insurance providers. While it’s best to report your accident to the police as soon as possible, it’s never too late to initiate an investigation with the police if you’ve overlooked this step. Inform your insurance providers as soon as possible Get in contact with your vehicle and health insurance providers as soon as you can. Depending on where you live and what insurance company you’re with, you may be legally required to report the accident within a certain timeframe. This could be within 24 hours or a week, so be sure you don’t leave it too late. If you’re unsuccessful in your personal injury compensation claim, pursuing a claim against your vehicle insurance policy could be the only source of compensation for your accident. Your insurance policy rates shouldn’t go up if you’ve been involved in a hit and run where you’re not at fault, so don’t let increased rates deter you from informing your insurance providers. Gather witness statements The driver may have fled the scene, but if other people were there to witness the incident, their support can be very useful for the police investigation. Be sure to get their contact information and statements while the events are still fresh in their minds. Hit and run witnesses are generally cooperative and want to help the victim. Get as many witness statements as possible to support your case. Visit your doctor, even if you’re not in pain Even if you’re not experiencing any immediate pain, you need to be examined by a medical professional. After an accident, your body will most likely be experiencing shock and adrenaline. It may take a day or two to feel the symptoms of injuries. It’s even better to have an ambulance on the scene to check you out, but if not, get to your doctor as soon as possible. You will need your injuries documented by a doctor to support your compensation claim. Seek professional medical assistance as soon as you can to get the treatment and documentation you need. And remember: if your doctor advises you to avoid riding your bike for a while, don’t hit the pedals before you’ve given yourself time to heal. Get your bike checked out Once you’ve taken care of yourself, take your bike to be inspected before you hop back on. Even if it looks like it hasn’t taken much of a hit, your bike could have a hairline crack that’s naked to your eye. This could lead to dangerous consequences and more injuries down the track if it doesn’t get fixed or replaced. Make sure your bike is in top condition and safe to ride again by taking it to the manufacturer or a bicycle repair shop. It’s important to remember that you need to replace your helmet every time it takes an impact, even if there is no obvious damage. If you hit your head in your accident, your helmet is no longer considered up to safety standards to protect you next time. Seek advice from an experienced cycling accident compensation lawyer You’ll need to get in touch with a personal injury lawyer to discuss whether you have grounds to proceed with a case. You should provide your lawyer with as much information as possible. This will allow them to determine whether you are entitled to compensation and even estimate an amount you could receive if your claim is successful. When it comes to seeking legal advice after your accident, choose the personal injury specialists who are experienced in claims dealing with cycling accidents. Personal Injury Helpline can give you access to personal injury lawyers who specialise in bicycle accident claims on a no win no fee basis. Call us on 1800 435 754 to discuss your situation, or fill out our online form to receive free, no-obligation advice from our personal injury experts.
Top 5 Most Frequently Asked Questions About Workers’ Compensation
If you’re the victim of a work-related injury or disease, you might be eligible to claim workers’ compensation for your losses. Accidents occur in the workplace all the time. Workers’ compensation protects victims of work-related injury or disease, ensuring they receive damages for their medical expenses and lost income. Personal Injury Helpline gives you access to personal injury lawyers who are experienced in workers’ compensation claims. We know the claim process can be confusing if you aren’t familiar with the area. This is why we provide the answers and the support you need during this difficult time. Am I eligible to make a claim for workers’ compensation? You are eligible to make a claim for workers’ compensation if you: Examples of the kind of injuries or illnesses you might be able to claim workers’ compensation for include: Whether or not you can claim compensation will depend on the individual circumstances of your incident. Not sure if you have grounds to proceed with a workers’ compensation claim? A personal injury lawyer can assess your situation and advise whether or not you are entitled to make a claim. How do I make a claim for workers’ compensation? If you have been injured at work or fallen ill because of your work, you may be entitled to claim compensation from WorkCover, or your employer if they are self-insured. The process for making a claim through WorkCover generally goes as follows: In the case where your employer is self-insured, they will need to lodge a compensation claim on your behalf. You will still need to inform them of the incident immediately and provide a copy of your workers’ compensation medical certificate to build your case. The claims process varies from state to state. A personal injury expert can guide you through the process relevant to your location. What expenses are covered by workers’ compensation? The expenses you receive benefits for will depend on your individual circumstances and where you live. Generally, workers’ compensation will cover expenses including: Some of the expenses workers’ compensation will not cover include damaged clothing or jewellery, damaged vehicle (if the injury occurs during travel) or unauthorised hospitalisation expenses. How much compensation am I entitled to? The amount of compensation you receive will depend on your individual circumstances. Factors that influence the total you receive might include the level of pain and suffering you experience and the impact your injury or illness has on your everyday life. How long does it take for a workers’ compensation claim to be decided? The insurer has 21 days to determine whether or not they will accept liability for your injury or illness. If you are receiving weekly compensation payments, the insurer can prolong this for 12 weeks or until your weekly payments cease. The experts at Personal Injury Helpline can answer all of your questions surrounding workers’ compensation. Complete our online form or call us on 1800 435 754 to discuss your situation today.
The Most Common Personal Injury Claims
Personal injury claims help compensate victims of injuries caused by other people. From road accidents to work injuries, there are many cases where individuals can claim compensation. When you need help after an accident, it’s important to find a personal injury lawyer who has experience in your type of claim. Here we share the most common types of personal injury claims and how to move forward after an accident. Vehicle Accidents As traffic accidents continue to increase in Australia, personal injury claims also rise. There are many factors that can cause accidents on the road, including: If you have been in a car crash that was not your fault, you may be able to claim compensation for your injuries. The first step is to visit a doctor, even if you aren’t in any pain. You should then seek advice from a personal injury lawyer to discuss your situation. Negligence and Public Liability Slip, trip and fall accidents are common in Australia. These often occur in public places such as supermarkets and footpaths. Faulty equipment, lack of labels in dangerous areas, and failing to follow building codes are common causes of injuries in public places. If you have an injury caused by the neglect of a business, you could be entitled to compensation. Ask a personal injury lawyer before accepting payment for your injury to make sure you are getting a fair sum. Work Injuries Many injuries in the workplace are followed by a personal injury claim. If an injury is sustained by an employee as a result of their work conditions, the employer needs to file a compensation claim. Examples of injuries in the workplace could include: After a workplace accident, you should visit a doctor to document your injuries. Get in touch with a personal injury lawyer to make sure you are being fairly compensated. Medical Malpractice Medical malpractice is when a patient sustains an injury due to the negligence of a hospital or doctor. This could be caused by errors in diagnosis, treatment or aftercare. Examples include: If you have an injury due to medical malpractice, you will need to contact a personal injury lawyer to assess your case. In most cases, you will need to hire a medical expert to back up your argument. Your lawyer can help with this. Product Liability Product liability claims are made against the manufacturers and suppliers of a defective or damaged product that has caused injury. This might be an item that malfunctions, such as a bicycle with brakes that don’t work. It could also be an item that has poor safety warnings, such as a heated hair styling tool that causes burns. Following an injury caused by a faulty or improperly labelled product, get professional advice from a personal injury lawyer. A product liability claim does not require you to prove the negligence of a manufacturer. Instead, it requires the company to prove they were not negligent. Do you have an injury as a result of another individual or company? Get in touch with the professionals at Personal Injury Helpline to find out if you can proceed with a personal injury claim.
