Personal Injury & Compensation Claims

Any worker who sustains an injury whilst performing their work duties may be entitled to make a claim for workers compensation. Permanent and casual workers alike can lodge a workers’ compensation claim. “Deemed” workers and self-employed workers can also potentially lodge a claim as all employers in NSW are required to have compulsory workers compensation insurance for employees in their workplace.

To claim compensation for a work injury, you do not have to prove negligence as the workers compensation legislation is a ‘no-fault’ scheme. All you have to establish is that you sustained an injury in the course of your employment and such employment was a substantial contributing factor to your injury. However, it is important to see a lawyer or solicitor to ascertain all your rights and entitlements to damages and compensation.

Often it is argued by insurers that the worker failed to notify their employer of the injury at the time and therefore it is important that you inform your employer in writing as soon as practicable after your injury.

The main heads of damages available to an injured worker are:

Weekly Benefits:

If you are successful in establishing ongoing incapacity, you are entitled to payment of wages. Weekly payments are now structured to support you to return to work. They provide a higher rate of weekly payments during the first 13 weeks of incapacity (when around 80 per cent of injured workers return to work). Thereafter, the scheme is designed to provide workers with an incentive to return to work as soon as possible.

The new entitlements are dependent on:

• the period (in aggregate weeks) for which you have been receiving weekly payments
• your capacity for work – as assessed by the insurer – and your work status.

Weekly payments for new claims are now based more closely on your real earnings prior to injury – incorporating overtime and shift allowance in the initial 52 weeks of weekly payments.

For the first 13 weeks of weekly payments, you will receive up to 95 per cent of your pre-injury earnings.

In weeks 14–130, your weekly payments will be made up to 95 per cent of your pre-injury average weekly earnings if you return to work for at least 15 hours a week. Otherwise, you will receive up to 80 per cent.

After 130 weeks, if you have capacity to work but are not working at least 15 hours a week and earning at least $155 per week then your weekly payments will cease. If you are working at least 15 hours and earning at least $155, or have no capacity to work, your weekly payments will continue at 80 per cent of your pre-injury earnings.

For most workers, weekly payments are limited to a maximum of five years from the date of your claim (or when you reach retirement age, if that is sooner – at which stage you may receive commonwealth benefits).

Lump sum compensation:

You are entitled to receive a lump sum based on any whole person impairment due to the disability flowing from your injury.

Such permanent impairment can only be assessed when the doctors are certain that your condition is permanent and stable. This payment which is under s.66 of the Act does not affect your other rights under the Act.

There is a threshold that needs to be met before attracting the lump sum component of the Act. If you made your claim on or after 19 June 2012 (for an injury that occurred on or after 1 January 2002) you are entitled to a lump sum payment for permanent impairment if you are assessed as having permanent impairment greater than 10 per cent.

For psychiatric and psychological injury claims, the minimum level is 15 per cent permanent impairment.

For a given injury, you are only able to be assessed once for degree of permanent impairment and to claim once for a lump sum payment for permanent impairment. This can sometimes present legal pitfalls and complications which require expert advice to properly prosecute your claim.

Medical and Rehabilitation Expenses:

Hospital, pharmaceutical and treating expenses – we are only able to claim these expenses on your behalf if you keep documentation of these expenses. Accordingly, every time you pay for a script at your chemist, physiotherapy, x-ray or any other expense, you should obtain a receipt and provide the receipts to our office at regular intervals during your claim.

Your reasonably necessary medical and related expenses may be covered for up to 12 months after you cease to be entitled to weekly payments (or 12 months after you made your claim if you do not receive weekly payments). If you are ‘seriously injured’ (more than 30% whole person impairment) however, this 12 month limit does not apply. Aside from treatment or services provided within 48 hours of your injury – and certain other exemptions – you must get prior approval from the insurer that the treatment or service is reasonably necessary in order for you to claim it as a medical or related expense.

Travel & Incidental Expenses:

Travelling expenses to and from treatment providers – These expenses are difficult to claim and must be fully and accurately documented. You should retain train and bus tickets, if possible, or a diary of when you attend doctors, the mode of travel and the name of stations and/or stops. If travelling by car, you should keep notes of the dates, the person whom you consult and the distance travelled.

Domestic Care:

You may also be entitled to compensation for domestic home care and assistance depending on the level of your disabilities and your requirements for such gratuitous or paid services.

Compensation for the Death of a Worker

Lump sum compensation may also be payable for a work-related death.

The insurer, when notified of the death, should write to the worker’s family or the family’s legal representative to advise compensation may be payable. As soon as the insurer has determined liability the family or legal representative will be advised.

In the event the insurer accepts liability for a work-related death, dependants of a worker are entitled to a lump sum payment (approximately $900,000.00 as at 2023) weekly payment and funeral expenses.

A motor accident claim arises from the negligence of a driver or owner of a motor vehicle which causes injury to a pedestrian, passenger or driver of another vehicle. In New South Wales the motor accidents scheme is tightly regulated by the Motor Accidents Compensation Act 1999 which dictates the type and level of damages an injured claimant may recover.

If you’ve been involved in a motor vehicle accident, the first thing you must do is report the accident to police within 28 days. This is very important, as a CTP insurer can reject a claim if the accident wasn’t reported to Police. Secondly, you must lodge a Personal Injury Claim Form with the relevant insurer within 6 months of the accident. Again, this is critical as the insurer can also reject a claim for failure to lodge within time.

If you are claiming negligence against the other driver, the relevant insurer ought to make a decision on liability within 3 months of lodging the claim. If they admit liability, they ought to commence interim payments for your medical expenses. These will ultimately be deducted from any settlement or judgment. If they deny liability, we can assist you in contesting the issue of liability.

If the insurer wholly denies liability for the accident, you can apply for the matter to be referred directly to a Court for determination. Otherwise, the current motor accident regime is a no fault compensation scheme that provides limited benefits to all people injured as a result of a motor vehicle accident.

If the insurer does not dispute liability, then your claim may be dealt with by an Assessor from the Personal Injury Commission. The Assessor will determine the amount of damages that should be paid to you, without having to hear the case in a formal Courtroom setting.

Broadly speaking, an accident victim will be entitled to lump sum compensation for pain and suffering, past and future loss of wages, past and future medical expenses, rehabilitation expenses and domestic care. In order to qualify for damages for pain and suffering the level of your injuries will need to be assessed as exceeding a 10% whole person impairment. This is done by medical professionals and if you and the insurer cannot agree, the Personal Injury Commission can allocate an independent doctor to make a binding assessment.

Due to recent amendments to the Act in 2008, damages are now also available to injured persons involved in “blameless” motor vehicle accidents and persons suffering from catastrophic injuries, regardless of who was at fault.

Basically, our job is to achieve the best result for you in the most efficient manner with as little inconvenience and stress to you as possible.

Being Traffic and Compensation Lawyers and Solicitors, Parramatta City Legal is well equipped to handle your motor vehicle accident claim, pedestrian claim, CTP claim, damages claim, negligence claim, insurance claim or any other traffic accident or traffic law issues. If you have suffered an injury from a road accident, you can rest assured that we will pursue all your rights and entitlements to the fullest extent.

Whenever an injured pedestrian, passenger or driver of launches a claim for personal injury damages the CTP insurer invests thousands of dollars in engaging large corporate law firms, factual investigators, medical experts and forensic engineers to try to defeat or minimize your claim.

The only real interest that a CTP insurer has, is to keep as much money to themselves as possible. For that reason, it is imperative that you retain the right lawyer with sufficient knowledge, experience and resources to represent you in your claim for damages against the driver at fault.

A Public Liability Claim, colloquially referred to as a ‘slip and fall claim’ is a claim for damages arising from personal injury suffered in a public place. This can be at a park, on a footpath, in a shopping centre and private locations such as homes, reception lounges and so forth.

Some typical examples of public liability claims include:

• Slip and fall claims at shopping centres
• Trip and fall claims on footpaths
• Claim for injuries caused by defective products
• Sporting accidents
• Accidents at school either in the class room or in the playground
• Injuries at home caused by defects in rented premises
• Dog attacks.

If ever you are injured in a public place, you should report the incident immediately to the person or body responsible for the premises where the injury took place, preferably in writing. It is important that when you consult your medical practitioner, you ensure that he/she takes detailed notes as to the circumstances in which you were injured. You should then consult a Solicitor.

Generally speaking, in order to succeed in your claim, you will need to establish that the person or entity that you say caused the accident owed you a duty of care, that such duty was breached, the risk of harm (being not insignificant) was foreseeable, the damages were not remote and you sustained a long-lasting injury.

If you are successful in prosecuting your claim, you will be entitled, depending on the severity of your injuries, to the following:

1. Lump sum compensation for “pain and suffering” on a sliding scale of up to a maximum of over $700,000.00
2. Your past and future medical, rehabilitation and other “incidental” expenses in a lump sum.
3. Past and future loss of wages and superannuation in a lump sum.
4. If applicable, past and future domestic home care and assistance paid in a lump sum.
5. Other special needs paid in a lump sum.

Whether it be a damages claim, negligence claim, loss of income claim, claim for medical expenses, slip and fall claim, lump sum claim, personal injury claim or any other accident claim, we have the right Personal Injury Lawyer  to meet your legal requirements.

A person who holds himself or herself out to be an expert in any specific field is obliged to exercise a reasonable degree of skill and care in his/her work. If a professional does not uphold his/her obligation to exercise necessary skill and care, the client may make a claim for compensation if the professional’s conduct resulted in a loss to the client.

The necessary ingredient in this area of law is causation. In order for such claim to succeed, a plaintiff must satisfy to the court that the negligent act of the professional actually caused the loss.

You will also need to prove that the professional acted in a manner that (at the time the service was provided) was not widely accepted in Australia by peer professional opinion as competent professional practice.

Medical negligence claims are brought against any medical practitioner, specialist or hospital for injuries sustained by a claimant as a result of negligence on the part of the health care provider.

At Parramatta City Legal, we can assist you in successfully prosecuting your negligence claim. In most case, we will agree to run your case on a speculative ‘No Win – No Fee ‘basis which applies to our professional costs only.

As your Personal Injury Lawyers and Solicitors we will fight hard to ensure that any individual or entity responsible for medical negligence or professional negligence is made accountable. We will run your compensation claim or damages claim with all due skill, care and diligence.

Your lump sum entitlements will be pursued and will comprise of damages and/or compensation for lost off income, pain and suffering (general damages / non-economic loss) loss of superannuation benefits, damages for gratuitous home care and assistance, past and future medical expenses and special damages if applicable.

Contact a Personal Injury Lawyer today to take advantage of your free initial consultation.

If you are no longer able to work and no longer able to perform all duties of your usual occupation full time, you may be entitled to a significant lump sum benefit in addition to any workers compensation or weekly or monthly superannuation payments being paid to you already.

Everyone knows these days that their employer is required to make compulsory contributions to a superannuation fund on their behalf. What many people don’t realise is that in addition to their own account balance that they have built up over time they may have very valuable insurance cover as well for total and permanent disablement (TPD). If you look at your Membership Benefit Statement (before you ceased work) you will see the amount of TPD cover you have listed separately to your account balance.

If you can’t work because of injury or illness then you could be entitled to claim this lump sum amount for TPD. That is in addition to your account balance and in addition to any other benefits you may have already received at, for example, workers compensation.