Northern Territory’s Compensation Laws
Workers Compensation Injury Law
NT’s administrative and regulatory arm of Northern Territory’s Work Health Authority. See NT WorkSafe.
Who is entitled to pursue a NT Workers Compensation claim?
In the Northern Territory to pursue a Workers Compensation claim you have to be identified as a worker in the Territory and have sustained an injury in the Northern Territory. Workers Compensation is generally pursued through TIO (Territory Insurance Office) on a ‘No Fault Scheme”. This means that you do not have to establish negligence to pursue a claim for compensation, its doesn’t not matter who was or was not at fault for the injury
What are my limitations in the Northern Territory?
In the Northern Territory you have to lodge your claim within six (6) months from you date of injury with your employer for Workers Compensation. If the lodgement of your claim is outside of 6 months then you can still lodge your claim within 3 years but with a reason for the delay from your date of injury.
What entitlements may I get compensated for?
The Territory Insurance Office may compensate you for your medical and rehabilitation expenses and/or reimburse you and they may also may you your wage while you can not work.
What are my legal rights to pursue a Common Law Claim?
The law prevents you from ever pursuing a damages claim aka Common Law Claim. This does not mean that you cannot pursue one though. You can still obtain legal assistance to get you a greater payout for pain and suffering plus your past and future losses. This is done by direct liaison with TIO and negotiating with that particular party.
To pursue a Common Law Claim you have to be assessed to have 5% Permanent Impairment or greater to get ANY compensation. If it is lower than 5% you may not receive any compensation.
Motor Vehicle Accident Compensation Injury Law
Who is entitled to pursue a Claim for a Motor Vehicle Accident?
An Individual who have had a Motor Vehicle accident in the Northern Territory and have sustained a severe injury may be entitled to a compensation claim in the Northern Territory. Claims are managed by the Motor Accidents Compensation Act (MACA).
What entitlements may I receive in Compensation?
The MACA Scheme provides compensation entitlements of medical costs, loss of earning capacity, personal care and lump sum compensation for resident of the Northern Territory who have been permanently impaired since the Motor Vehicle Accident. They also offer entitlements for the spouse and dependants of the deceased in the car accident.
What is my limitation period?
To commence a claim for compensation you must loge your claim within 3 years from your date of accident.
What are my entitlements to a Common Law Claim?
To pursue a Common Law Claim for damages arising from a Motor Vehicle Accident you need to established negligence. To prove negligence the accident would have to have not been your fault or partial fault. To pursue a Common Law Claim you must be 100% not responsible for the accident.
Public Liability Compensation Injury Law
What is a Public Liability Claim in the Northern Territory?
A Public Liability can be a range of circumstances that has occurred in a public place and you have sustained an injury because of it.
• Slip and fall at a shopping centre
• Defective products
• Accident on planes and boats
• Negligence caused by a professional
Who is entitled to pursue a Public Liability Claim?
If an individual has suffered an injury in the Northern Territory caused by the negligence of someone else or a business you may be entitled to pursue a Public Liability Claim. Negligence must be sought first to proceed further.
What should I do after my accident?
Legally you should advise the person at fault that you have been injured as a result of the circumstance e.g. I slipped over on the stairs and have injury my right knee. Advising the appropriate personal will help your matter by providing them with an incident report and you can lodge a claim straight away.
It will also help your case to take photos of where the accident took place and also your injuries if they were physical. If you have suffered psychological injuries, by keep and written diary of your experiences and how the injury has affected you will also help.
What are my Limitation Periods?
You must lodge our Northern Territory Claim within 3 years from your date of injury. If your claim is older than 3 years your claim may become statue barred.
What are my Common Law Entitlements?
To be entitled to pursue Common Law Claim negligence must be established and you would have sustained a permanent injury.
It is very important to seek legal advice after sustaining an injury that may leave you permanently impaired as compensation is set into place to help you recover. Pursuing a Common Law Claim can assist with compensation for past and future losses that the insurance company do not take into account.