Personal Injury Claims Process

You can start your claim by simply making an online enquiry or call us on 1300 214 900.

When you make an enquiry online or by telephone, Claims Australia will assist your matter on a
confidential and professional basis. All you have to do is:-

• Report the Injury+

  Workers Compensation
  After sustaining an injury in the workplace, it is very important to report your injury to your employer. It’s important to advise them that an accident has occurred and as a result you have suffered an injury. In doing so, an incident report can be made and you may be supplied with the applicable forms to complete and they can get in contact with their insurance company to be guided on the correct steps they should take.

  Motor Vehicle Accident
  After having a car accident you should obtain as much information as you can about the other driver, where you had the accident and details of any witnesses. This is to be done only if you are in a stable condition to do so. You then must report the accident to the police and obtain a Traffic Incident Number (TFN). If a report was not made, this may interfere with you pursuing a compensation claim.

  Public Liability Claim
  You should make an incident report to the owner of the property or business where you have injured yourself and obtain information about the surroundings of the accident and their insurance company.

• Consult your Doctor +

  For all types of compensation claims, consulting your Doctor about the injuries sustained is very important in pursuing a claim for compensation. It is not only for your well being but to support your claim as you need to have some sort of medical evidence and diagnosis of your injury. When consulting your doctor you need to ask for a medical certificate which will be used for the lodgement of your Claim.

• Lodge your Claim+

  Workers Compensation
  To lodge a Workers Compensation you need to complete the Claim Form in which should be supplied to you by your employer or most Claim Forms are found on the WorkCover websites of your state of injury. This needs to be lodge with your employer insurances company along with the Medical Certificate from your doctor. You can generally complete the forms and then fax it over to WorkCover along with the medical Certificate.

  Motor Vehicle Accident
  To lodge a Motor Vehicle Accident claim you must complete the applicable forms that the person at fault insurance company sends to you and return it to them along with the Medical Certificate. Or worse case scenario you do not know, then you need to contact your insurance company and they will send you the Forms to complete and return then they will advise you further.

  Public Liability Claim
  To Lodge a Public Liability Claim you need to have completed the PIPA Form (Personal Injury Proceedings Act). This particular form is provided to you by a Solicitor only. After you have completed this you then need to submit the Form to the person at fault insurance company. If the insurance company is unknown, you need to get in contact with a Solicitor who can assist you.

• Seek Legal Advice+

  Seeking legal advice can help assist with the claims process and make your aware of your further entitlements, legal rights and what the next step for you to take is after injuring yourself. They can offer you case reviews which outlines everything is which you need or want to know about your claim such as what you can claim, how to claim, how the process works, how long it takes etc.
  Seeking Legal Advice also assists with the lodging process right through to taking the day-to-day stresses away till settlement.

• If your Claim has been Rejected +

  If your claim has been rejected don’t be alarmed, there are three (3) alternative options to obtaining compensation and by contacting a personal injury Solicitor they can advise you further of those options.
  Help and assistance is available.

• If your Claim has been Accepted+

  It takes up to 28 business days for your claim to reach decision to be accepted or rejected.
  After receiving notification that your claim has been accepted by the insurance company, you may start receiving:
  1. Your weekly wage (not 100% depending on your state of injury as all states and Territories have different laws;
  2. Out of pocket expenses are being paid such as travelling costs;
  3. Medical expenses are being paid an/or being reimbursed; and
  4. You are attending Doctor and specialist appointments

• Ongoing Medical Treatment+

  Pursuing a compensation claim you need to gain all the medical treatment you can possible get not just for your health and well being but importantly to help your case. It’s important to receive-
  1. Specialists and doctor reports from the insurance company’s doctor as well as your solicitors;
  2. A specialist report from your solicitors will provide you with a different opinion to the insurance company’s specialist reports.

  It can take between 6-18 months for you to become medically stable. Once you have reached the point where you have received maximum medical attention and your injury is neither getting any better nor getting worse (stable and stationary), may you be in a position to pursue your case to the settlement stage.

• Settlement+

  The early sign of settlement is when the insurance companies offer you some money. DO NOT SIGN this offer to accept or to reject. You usually have up until 28 business days to accept this offer. Once you hand received this offer contact a personal Injury solicitor as this offer opens up the opportunity for you to pursue a Common Law Claim which is more in compensation for you.

  Please BEAWARE that the insurance companies DO NOT take your:-
  • Past losses into account such as the wages you have lost, medical expenses;
  • Future economic loss you would have lost as well as the medical expenses you will incur in the future;
  • Pain and suffering.
  The offer may look appealing but once you sign to receive the offer, you will lose all your future rights to be compensated in the future. Eg: If you receive the offer and two (2) years later you need surgery, you cannot claim again. Those expenses will have to come out of your own pocket.