Compensation law is incredibly specific; as expected when dealing with potentially large monetary loss or gain. Negligence claims are among the most common compensation scenarios affecting Australians, so it’s worth being prepared for the unexpected. Every negligence claim type contains variations that require addressing, including communication with affected parties and collection of paperwork, documentation and evidence. The undertaking can become confusing and overwhelming, necessitating the expert intervention of Taylor & Scott Lawyers.
Q. What negligence claims types are there?
A. Employment Injury
A worker can recover damages from his or her employer for personal injury resulting in permanent impairment of at least 15%. If the worker meets the threshold, compensation from the employer includes damages for past economic loss and for future economic loss related to impairment of earning capacity. Compensation can cover loss of wages along with loss of superannuation benefits. Damages for economic loss can be awarded only for loss up until pension age.
Unlike other common law claims for personal injury, a worker is not entitled to recover damages from his or her employer for pain and suffering or any cover for medical treatment, expenses, or domestic nursing care.
B. Injured in a Motor Vehicle Accident or Other Transport Injury
If you have suffered injury in a motor vehicle or transport accident, the claim is governed by the Motor Accidents Compensation Act 1999. Procedural requirements must be followed to avoid putting the claim at risk, including notifying the police within 28 days of the accident, along with lodging the claim form with appropriate persons within 6 months of the date of the accident. A claim form as well as details of the CTP insurer of the responsible vehicle can be obtained from the Motor Accidents Authority. Our team of expert motor accident compensation lawyers at Taylor & Scott will assist you in completing the necessary forms during your free case assessment.
Any entitlement to damages for non-economic loss (pain and suffering) is dependent upon establishing that you have sustained permanent impairment greater than 10% WPI. Even if you don’t qualify for damages for pain and suffering, you may still be entitled to damages for medical, hospital and related expenses, along with other out of pocket expenses. Compensation can include:
- Damages for economic loss including loss of wages
- Loss of wages from other income streams
- Cover for loss of superannuation contributions
- Damages for domestic assistance and ongoing recuperation
C. Medical negligence claims
Pursuing negligence claims against medical practitioners and allied health care providers is a business best left in the hands of Taylor & Scott Lawyers. For more than a century, Taylor & Scott have been assisting the people of Sydney and regional NSW attain desired compensation outcomes, including medical negligence claims against both reputable physicians and charlatan imposters. Strict time limits apply, and medical negligence claims need to be lodged within three years of injury or malpractice occurrence. Medical negligence claims occur when treating doctor procedural standards or operational outcomes don’t satisfy industry standards or patient expectations. Responsibility for the welfare of the patient extends to post-operative guidelines for safe recovery.
D. Injuries suffered in other circumstances
Any other claim for damages will probably be governed by the Civil Liability Act. You will not be entitled to any damages for non-economic loss (pain and suffering) unless the level of loss is assessed at 15% of a most extreme case. If you are assessed at 15% of a most extreme case (or higher) you will be entitled to damages on a set scale. Damages for other losses are payable in addition but are subject to the provisions of the Civil Liability Act.
Along with improvements to public health and safety comes enjoyment of our public spaces. However, accidents can happen to anyone and at any time, and understanding the various avenues for claiming compensation due to negligence provides a degree of security for yourself and your family. Negligence laws were created to ensure all Australians can enjoy a reasonable standard of living at all times. When safety is sacrificed and an injury occurs due to someone else’s negligence, it’s time to call Taylor & Scott Lawyers for a free case assessment.
At Taylor & Scott, “We Care For You”.
