Qualifying for Compensation

Personal Injury & Workers Compensation Claims

Qualifying for Compensation

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    Workers Compensation

    To claim workers compensation for injuries arising from the workplace you must be identified as a worker and have sustained a workplace injury. If this is not the case they you may not be entitled to claim workers compensation.

    You were not at fault
    If your injuries sustained in the workplace were caused by a work colleague, faulty work equipment or the negligence of the workplace management then you may in a position to claim Workers Compensation PLUS pursue a Common Law Claim.

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    Motor Vehicle Accident

    Were you at fault?
    Having a Motor Vehicle Accident can be a very stressful time especially if you where somewhat at fault. If you were, claiming compensation for injuries sustained may only be pursued if you have full comprehensive insurance. Your Compulsory Third Party Insurance (CTO) should only cover you and compensate the other driver if any injuries are sustained. If you have a passenger who sustained an injury, your Third Party insurance will cover these expenses.

    Was the other driver at fault?
    If the other driver was at fault and you have sustained injuries whether your injury was just minor, then you may be entitled to pursue a compensation claim through the driver at faults insurance company. If you have a passenger who sustained an injury, your Third Party insurance will cover these expenses.

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    Public Liability Claim

    To lodge a public Liability claim you have to establish negligence on the other party. If negligence is not found then you may not be in a position to claim compensation.

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    Other Important factors to claim compensation

    Your Date of Injury
    Every state and Territory of Australia has different laws and regulations in which you can claim compensation, but generally you have three (3) years from your date of injury to claim compensation. If outside of three (3) years, you claim may become statue barred therefore you cannot claim again.

    If you have already previously claimed for the same injury
    If you have already previously claimed for an injury and you have received a payout for the same injury then you may be in a position to pursue an aggravation claim through a personal injury solicitor and the insurance company or it may be reopened depending on the state of injury.

    If your claim has not settled or you haven’t received any payout from the insurance company then you may be in a position to run the claim together with your solicitor or with the insurance company.

    What happens if you have previously claimed for another injury
    If you have lodged another claim for a separate injury sustained then you may be pursue this as a separate claim to your previous ones. Every injury you have sustained on a different date and place may be seen as an individual claim.