It is important to understand the type of compensation you’re entitled to claim for injuries received from an accident and the process involved.

Many people think claiming compensation is a straight forward process, however it can leave you exposed to insurance companies who have plenty of experience in defending compensation claims.

You have one shot at obtaining the best compensation outcome so we strongly recommend you obtain legal advice from an experienced personal injury lawyer before proceeding with your claim.

What type of compensation can I claim for my injury?

It is important to determine which type of compensation claim applies to your situation so that your claim isn’t rejected by an insurer.

Some of the most common types of claims for compensation include:

  • Workplace compensation – This will apply to you if you have been injured at work or acquired an illness because of your employment. A workplace injury or illness can be physical or psychological.
  • Motor Vehicle Accident (MVA) compensation – If you have been injured as a result of an MVA you can lodge a claim for compensation against the other driver’s insurer.
  • Public liability compensation – This type of compensation covers a wide range of circumstances in which someone is injured in a public place. A few examples include, injuries from slips, trips and falls in shopping centres, rental premises, parks and even injuries caused by animals.
  • Medical negligence compensation – If you have received an unintended injury by a medical professional while you were under their care, you may be entitled to compensation. Medical negligence is more than a simple mistake made by a professional, it must be shown that the standard of care provided fell below what is expected of a that professional.

The above list is not exhaustive. If you would like more information on other types of compensation, we recommend you speak to one of our personal injury lawyers.

What type of damages can be awarded under a compensation claim?

Compensation from an insurer may include the following:

  • weekly payments during incapacity to work;
  • expenses for medical treatment;
  • reasonable travel expenses for receiving treatment and medical examinations;
  • lump sum benefits;
  • damages for psychological harm.

The type of damages you are entitled to will depend on your injuries and can differ on a case by case basis. This is why we recommend you speak to one of our experienced personal injury lawyers.

Report your injury

You should also report your injury to the relevant authority as soon as possible. For example, if you’ve been involved in a workplace accident, you should report the accident to your employer without delay. If you’ve been injured as a result of an MVA, you should report the incident to the police.

This is important as there are specified time frames within which you must commence your compensation claim.

If you don’t report the accident because you believe your injury is not worth making a claim for compensation, you should still seek legal advice anyway. This is because some injuries can worsen over time leaving the injured person with significant loss.

Keep records, especially photographs

It is very important to keep documentation as proof of damages and injuries sustained from your accident. It is also important to document any receipts for medical expenses incurred from receiving treatment for your injuries. We recommend you keep a folder containing these images.

Don’t delay in seeking legal advice from a personal injury lawyer

Obtaining legal advice from an experienced lawyer is vital so an insurer does not have the upper hand with your claim.

Your lawyer will assess your situation and determine whether you have a valid claim and provide you with advice on how to proceed. They will also identify the relevant insurer.

The next step is gathering evidence to support your injury claim, including medical reports to prove your injuries and then submit the claim to the insurer.

If the insurer accepts your claim, they will generally make an offer of settlement. Your lawyer will advise what they believe is a reasonable settlement amount and how much compensation you should accept.

If the insurer denies your claim or you cannot come to a settlement agreement, you have the option of taking the matter to court where the court will decide how much compensation, if any you should be paid. We recommend you discuss this with your lawyer as the court process can be complex.

Conclusion

It is important to understand the type of compensation you should claim and the process involved.

Making a claim for compensation for an injury can be overwhelming, not to mention dealing with insurance companies who do not have your best interests at heart. This is why we strongly recommend seeking legal advice for anyone wishing to make a compensation claim.

If you or someone you know wants more information or needs help or advice, please contact us on (02) 9708 2222 or email general@thurlowfisher.com.au.