If you’ve suffered a personal injury, it can be difficult to know what steps you should take when making an injury compensation claim.
This injury compensation guide provides a summary of essential information to equip you with a basic understanding of the personal injury claims process and how to make successful claim.
What is a personal injury compensation claim?
An injury compensation claim refers to a claim made by a person after suffering a physical or psychological injury, often as a result of someone else’s negligence. The most common types of injury compensation claims are:
How much is my compensation claim worth?
Depending on the severity of your injury and the type of claim, personal injury compensation claims can include the following:
- your financial loss as a result of your time off work
- your medical and treatment expenses including travel expenses for attending appointments.
- domestic care or assistance required at home
- future lost income and medical expenses
- pain and suffering
Each personal injury compensation claim is unique, and the amount of compensation claimed will depend on your personal circumstances however, they will take into consideration the losses listed above.
What is a frank injury?
A frank injury refers to an injury sustained on a particular date, and not one that gradually develops over time.
How much compensation payout do I get for a psychological injury?
The amount of compensation you will receive, will be dependent on various factors including the severity of your psychological injury, its impact on your life and its’ cause.
MOTOR VEHICLE ACCIDENT INJURY – NSW
What is a Motor Vehicle Accident injury claim?
Motor vehicle accident injury refers to a physical or psychological injury sustained by the driver or passenger of a vehicle (including a car, truck, motorcycle, cyclist or pedestrian). It includes injuries sustained on public transport.
If your injury was also as a result of a work-related motor accident, you will need to make a workplace injury compensation claim against your employer’s workers compensation insurer.
Motor vehicle personal injury claim entitlements
Irrespective of whether you were at fault, you can make a claim for compensation. There are three (3) categories of injury that determine what you can claim:
1. Minor injury
Irrespective of whether you were at fault, you may claim the following for a period of up to 6 months:
- Past economic loss, known as income support payments
- Medical and treatment expenses
- Home care
2. Non-minor injury under 11% impairment
If you were not mostly fault in the accident and your injuries are more than minor injuries, then you can claim the following for a period of up to two years:
- Past economic loss, known as income support payments
- Medical and treatment expenses
- Home care
- A lump sum pay out to account for past and future economic loss
3. Non-minor injury over 10% impairment
If you are mostly not at fault in the accident and your injuries are non-minor injuries and over 10% whole person impairment, then you cam claim the following for a period of up to five years:
- Past economic loss, known as income support payments
- Medical and treatment expenses
- Home care
- A lump sum for past and future economic loss
- A lump sum for pain and suffering
I was at fault in a motor accident, can I claim compensation?
Under the 2017 CTP scheme, you can make a claim for loss of income, medical and treatment expenses, and homecare for a period of up to 6 months, irrespective of fault or injury severity.
My child was injured in a motor vehicle accident, can they make a motor vehicle injury compensation claim?
Yes, car accident claims for children can be made. If they are 16 years or under at the time of the accident, can receive treatment and care for life if necessary, irrespective of who was at fault.
How do I make a motor vehicle accident compensation claim after an accident?
If you have suffered an injury in a motor vehicle accident, you can make a claim, in which case you should:
Step 1 - Report the accident to police
Report the accident to police within 28 days and obtain an ‘Event number’.
Step 2 – Complete an Application for Personal Injury Benefits form and have your GP complete a Medical Certificate.
Complete an Application for Personal Injury Benefits form and have your GP complete a Medical Certificate. Lodge both forms with the Compulsory Third Party (CTP) insurer of the vehicle at fault – you can find these details via the Service NSW website if you have the plate number of the at fault vehicle. Ideally you should lodge this form within 28 days however, you have up to 3 months. If you lodge the form after 28 days, you may not be able to claim your back pay for wages lost as a result of your time off work.
Step 3 – Contact a motor vehicle accident lawyer to make a common law claim
If your physical injury is a soft tissue injury, or psychological injury is not a diagnosis, which would be considered a minor injury, then there is no further process to follow however, if you do not have a minor injury, contact our motor vehicle accident lawyers to determine if you are eligible to make a common law claim. If you are eligible, you can claim wages and medical expenses beyond 6 months in addition to a lump sum claim for compensation for pain and suffering and economic loss.
How long after a motor accident can I claim in NSW?
You have 28 days to report the accident to police. You can do so by calling the Police Assistance Line on 131 444.
You must make your claim within 3 months of the accident, or within 28 days if you intend to claim back pay for loss of earnings. However, it is best to submit your claim as soon as possible.
If your injuries are not a minor injury, and you are eligible to make a common law claim, you have 3 years to make that claim.
Motor vehicle injury compensation calculation
Depending on the severity of your injury, and whether your injury is a minor injury or non-minor injury, you may claim the following:
- Medical expenses – reasonable and necessary medical expenses as a result of the accident
- Income support payments – weekly payments to cover your economic loss due to the accident
- Lump sum payout for future loss of income – future loss of income and opportunity by way of a lump sum if you were not wholly at fault and your physical injuries are not soft tissue injuries or your psychological injury does not result in a psychiatric diagnosisalso known as a minor injury.
- Lump sum payment for pain and suffering –if your injuries are assessed at being greater than 10% whole person impairment.
How can Withstand Lawyers help you with your motor vehicle injury claim?
Our car accident lawyers can help you if:
- You would like free advice before you submit a claim
- Disagree with the insurer’s liability notice.
- Would like to make a lump sum common law claim to claim damages
WORK INJURY COMPENSATION – NSW
Workplace injury compensation refers to a claim made as a result of a physical or psychological injury arising out of employment. That is, if you have suffered a physical injury or your psychological wellbeing has been affected as a result of a workplace related incident(s), then you may be eligible to make a workers’ compensation claim.
How long after a work related injury can I claim?
You should report your injury to your employer and the workers’ compensation authority as soon as possible. It is recommended to do so within 30 days of the incident or as soon as you become aware of your injury or illness. In NSW, you have 6 months from the date of the injury to submit a claim form to your employer.
In certain circumstances, this time limit can be extended to 3 years, and more than 3 years if the injury is related to death or other circumstances. Contact our workers compensation lawyers for more information.
How to claim compensation for work injury?
If you have suffered an injury at work and wish to make a claim for workers’ compensation, you should:
Report your injury to your employer immediately or as soon as practical.
Seek medical treatment and request a certificate of capacity to be completed by your general practitioner (GP).
Contact a workers compensation lawyer to seek advice about your injury. We are here to help provide you with advice specific to your circumstances.
Complete and lodge a Worker’s Compensation Claim form. In addition to the part you need to complete you may be required to send your employer with the same form for them to complete before they lodge it with their workers compensation insurer.
Who pays the compensation for my work-related injury in NSW?
In NSW, it is a requirement that your employer has workers’ compensation insurance. When you bring a claim for workers’ compensation, your employer’s insurer is notified and will cover them in relation to your claim. If your employer does not have workers compensation insurance you are still covered.
PUBLIC LIABILITY – NSW
What is a public liability injury claim?
A public liability claim refers to claim made as a result of an injury sustained in a public place including a supermarket, shopping centre, park, school or public space.
Public liability claims compensation benefits in NSW
Public Liability claim payouts can range from tens of thousands to millions of dollars in NSW. They can include:
- Loss of earnings as a result of your time off work
- Medical and treatment expenses – incurred by you
- Travel expenses to attend your medical and treatment appointments
- Future loss of earning and medical expenses
- Domestic assistance around the home
- Pain and suffering, depending on the severity of your injury
- Permanent impairment, an amount based on your whole person impairment (WPI) rating.
Public liability claim time limit
In NSW you have three years from the date of the injury to make a claim for public liability compensation. However, exceptions apply if you were not aware of this time limit. Contact our public liability lawyers for more information and a free claim assessment.
Although you have 3 years to make a claim, it is recommended that you start the claim process as soon as possible.
MEDICAL NEGLIGENCE – NSW
What is medical negligence?
Medical negligence refers to an injury suffered as a result of an error by a doctor, nurse or medical practitioner.
How do I prove medical negligence?
To prove medical negligence, you need to show that
You suffered injury or loss as a result of the treatment
The treatment provided by the medical practitioner was below a standard of care and skill that a reasonable practitioner would have provided in that situation
- The injury that you sustained could have been avoided if you had the appropriate standard of care.
Compensation benefits for medical negligence
- Past and future medical and treatment expenses
- Past and future loss of earnings
- Domestic assistance
- Pain and suffering
How to start a medical negligence claim?
Due to the complexity and technical issues in a medical negligence claim, you should not attempt to pursue a claim without first speaking to a medical negligence lawyer. Medical negligence is a very specialised and technical area of personal injury and requires a high level of skill and knowledge in the area to build a strong case.
How long do I have to claim medical negligence?
In NSW, a claim arising out of medical negligence injury must be made within 3 years from the date of the injury or diagnosis. However, there are exceptions to the rule that may allow you to make a claim outside of the time limit, so you should speak to a medical negligence lawyer who can advise you in relation to your specific circumstances.
How long does a medical negligence case take?
Due to the nature and complexity of medical negligence claims, they often take years to settle. However, it may be possible to settle a claim sooner if the medical negligence is obvious. That is, if you have a strong and clear case, and the insurer accepts it, then your claim may be settled by way of mediation rather than a final hearing. That means, that all parties agree on a settlement payout to you and the matter is finalised.
