A major head injury can have a significant influence on your life and permanently alter your circumstances especially you had a traumatic brain injury. You and your family will very certainly require continuous assistance and care which may be expensive. Claiming head or brain injury compensation, although in comparison to your injury may be insignificant, can play a big role in providing you peace of mind.
What am I entitled to?
After head and concussion injuries, a high degree of care, rehabilitation, and assistance may be required following a head injury to help you restore your health or improve your circumstances. There may be areas of your life that you will never be able to restore to normal. The legal procedure varies depending on where you are injured
A head injury compensation claim usually entitles one to a lump sum payment, depending on its severity, given that they usually exceed the 11% whole person impairment threshold for non-exempt workers.
If your whole person impairment is above 14% and your employer was negligent. You might also be entitled to claim:
- Work injury damages payout and close off your workers compensation claim. Sometimes, depending on your circumstances and the details of the compensation, it could be better for you, to stay on the workers compensation statutory benefits, then receive a payout.
- Domestic care such as paid nurse and support worker
If your permanent impairment rate is between 21 – 30%, you will be entitled to get weekly wage compensation benefits until the age of 68 while your insurer will be able to request work capacity medical assessment every two years
If your permanent impairment rate is higher than 30%, you will be entitled to get weekly wage compensation benefits for life.
If you have been injured in a road accident that you were not mostly at fault and your injuries, whether, physical or psychological, have been assessed as non minor injuries, you could be entitled to claim a lump sum payment which would include an amount, depending on the nature of your claim, loss of income/opportunity. In addition, should your injuries, either physical or psychological be assessed as greater than 10% whole person impairment, you could also be entitled to claim compensation to take into account your pain and suffering.
Your pain and suffering payment is unique to your claim as it is depending on many factors from age to your circumstances both prior and post accident. If your injuries occurred in NSW, our CTP lawyers can assist you in determining your eligibility to claim damages for the changes in the quality of your life as a result of motor vehicle accident.
Whether you were injured at work, in public, on private property due to a healthcare provider’s medical negligence, or in any type of motor vehicle accident, our personal injury lawyers can assist you in determining your eligibility to collect damages for the changes in the quality of your life. In other words, it’s probable that you may have a claim for compensation if you’ve suffered a head injury, brain damage, neck injury, back injury, or any other sort of head injury.
Additionally, please get legal advice even if your injury or condition occurred by itself and not due to someone else’s negligence as you could be entitled to making a TPD claim which our TPD lawyers can assist you with.
How to Claim?
The legal process for making a claim for compensation for head and concussion damage can be quite difficult to deal with. Claim processes vary depending on where the accident occurred. If you suffered an injury during the course of work, you may follow the steps below:
- Report the incident to your employer
- Seek medical treatment and request your General Practitioner (GP) complete a Certificate of Capacity; this document should include your GP’s opinion on the injury and its connection to your work
- Submit a Work Injury Claim Form as soon as possible.
- You can learn how to claim head & concussion injury compensation due to a motor vehicle accident in NSW (click to learn more);
- due to medical negligence (click here)
- due to public liability (click here)
- for superannuation injury compensation claims (click here).
What are the time limits?
There are time restrictions for making certain types of compensation claims. The common point is that after a head injury we recommend oneto seek legal advice as soon as possible, of course, after receiving the treatment they require. The reason for the urgency in seeking legal advice for their compensation claim is due to the strict time limits that apply on claims.
In NSW, workers compensation claims should be lodged within 6 months and in some circumstances,where you need to commence court proceedings, such court proceedings must be commenced within 3 years from the date of the injury. It is critical to start the legal process right after the accident to receive your entitlements as soon as possible and to ensure you are not out of time in claiming compensation.
Motor vehicle accident claims should be reported no later than 3 months and compensation claims should be filed with the Personal Injuries Comission for NSW or court within 3 years.
Public liability and medical negligence claims should be made as soon as possible especially when you require proof and evidence in support of your claim and they also carry a 3 year time limit from the date of accident or injury, depending on the circumstances.
How much is a head injury compensation claim worth?
Head and concussion injury claims can be work, motor vehicle accident, medical negligence, or even public liability related; compensation amounts are determined by a variety of criteria, including but not limited to the severity of the injury, the amout of loss suffered, age, the time required to recover, rehabilitation, the expense of current and future medical treatment, as well as whether or not continuous medical care is required.
Once our legal team has a better understanding of your case, we can assist you and provide you with guidance on what to expect, the usual ranges of compensation you could be entitled to, and the time period it may take for your personal injury matter to resolve.
Work with an experienced team of personal injury lawyers
If you or a loved one has suffered a head injury, we can assist you in obtaining the compensation you deserve. We understand how frightening and stressful head injuries can be, and we will do all we can to assist you in at least obtaining compensation benefits while you concentrate on your recovery and obtaining medical advice and treatment from your healthcare providers. Our lawyers work on a No Win No Fee basis, meaning that if you decide for us to act on your behalf, you will not be required to pay upfront costs and will not be required to pay for our legal costs if you are not successful in your claim. Call us on 1800 952 898 for a free claim check!
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
