Any individual who has sustained injuries in an accident involving a motor vehicle or car, whether that individual was a pedestrian, passenger or driver, can claim for compensation in Queensland.
What are my time limitations to lodge claim for my injuries?
The injured part must lodge a claim for their compensation within a span of 9 months from the date at which the accident occurred. In case you have exceeded the 9 months already, you can lodge a Notice of Accident Claim with your particular reasons for delay.
If your accident took place in Queensland, you have 3 years before the time of lodging a Motor Vehicle Accident Claim runs out. If you seek a claim after this period, your compensation claim may be statue barred.
If the injuries you sustained were due to a hit and run incident, you can still lodge your compensation claim through the Nominal Defendant Claim, which is a Government scheme.
What Forms do I have to complete?
You will have to complete the Notice of Accident Claim Form in order to make a Motor Vehicle Accident Claim in Queensland. The form can easily be obtained from your own insurance company or your Personal Injury Claim Lawyer.
What if I was at fault or partially at fault for the accident?
If the fault for the Car or Motor Vehicle Accident was yours and you can only offer Third Part Insurance, then you might not be able to qualify for an entitlement to compensate you for your personal injury. In case you have a Full Comprehensive Insurance Policy, you can try to lodge a claim through your insurance company to receive a compensation for the injuries you have sustained.
If you were only partially responsible for the accident, your entitlements to compensations may become reduced and that may restrict you from pursuing a Common Law Claim.
What can I do after car Accident?
Try to get as many details as you can, like:
Note other driver and their vehicle
Contact Police (Within 48 hours)
Keep notes of all your injuries and how they affected you
These details will help you substantiate your personal injury compensation claim. Being hesitant in involving the Police might not play well for your claim either.
Common Law Claim benefits – Obtain Legal Advice
If you have received any injuries in a Motor Vehicle or Car Accident, it is important that you consider things in the long term. If you lodge a claim with the insurance company of the other party, it would get you instant attention on your expenses like medical fees, medications, and your wage while you cannot work. If you pursue a Common Law Claim, it won’t interfere with the insurance company’s compensation. It will only come into affect near the end of your Car Accident Claim. This provides you with the ability to pay out for your losses like
Medical Expenses (Past and Future)
Out of Pocket expenses
Economic Loss (Past and Future)
Pain and Suffering.
You MUST NOT accept the offer of pursuing a claim from your insurance company, doing so may evoke your rights to any future Common Law Claims or compensation claims.
In the state of Queensland, in order to claim Workers Compensation you must be identified as a Worker of Queensland and the fact that you sustained the injury at your workplace within Queensland.
Do I have a time limitation for Workers Compensation?
You have a limit of 3 years from the date of the accident to pursue your Workers Compensation claim in Queensland. If it exceeds this 3 years limitation, it may be statue barred.
What are my legal entitlements for compensation?
You must first and foremost notify your employer about the injury and the accident from which it occurred.
Then, you lodge a claim with their insurance company with a doctor’s medical certificate. Once the claim is accepted by the insurance company, you may become entitled to:
Reimbursements for any receipts of Out of Pocket and Medical Expenses (related to workplace injury)
Your wage while you are recovering
What are my legal rights to pursue a Queensland Common Law Claim
The most important thing you will need to establish to pursue your Queensland Common Law Claim is that your injury was caused due to other party’s negligence. If negligence cannot be established, you might not have a claim.
In New South Wales, to claim for Workers Compensation, you must be an established worker from NSW and have received the injury within NSW no matter whose fault it was.
What are time limitations to lodge a claim?
In order to commence proceedings for your Workers Compensation Claim, you have only 3 years from the date of the accident. After this period, your claim will be statue barred.
What are my legal entitlements for NSW Workers compensation?
The entitlements for NSW Workers Compensation may include:
Wages while you recover
Ongoing Medical Assistance and Treatment
If I win, what will my Legal Costs to be?
Most lawyers in NSW take their payments once your matter is finalized in court or by agreement with an insurance agent. In case you have received a very successful settlement, an NSW law firm can charge almost 50% of the settlement at the most.
Who is eligible to claim Workers Compensation in Victoria?
You will need to be identified as a worker of Victoria to get Workers Compensation, and establish that your injury was sustained at your workplace in Victoria. It doesn’t matter whether you are a part-time worker, or permanent staff.
What are time limitations in Victoria?
You will have a limitation of 30 days during which you must report your injury to our employer. Once you have diagnosed the injury, you have 3 years to commence your legal proceedings. The sooner your lodge your Workers Compensation claims with VWA, the sooner you will be able to receive compensation for your losses.
What entitlements do I have in Victoria for workers compensation?
Once the claim has been accepted, your VWA entitlements include things like:
Your Wage while you recover
If you choose to not return to the same workplace, the VWA will help you find employment elsewhere as well.
Who can make a Motor Vehicle Accident Claim in WA?
Any individual who has been injured in a Car or a Motor Vehicle Accident, whether as a driver, passenger or pedestrian in the state of Western Australia, you can pursue a Motor Vehicle Accident Compensation Claim.
What can I do legally after car accident?
Take down as many details of the other party as possible. Get their registration and insurance details, note the location of the accident, note the witnesses and contact them, and get in touch with the police about your accident. The Police must know where the accident happened, how it occurred and who was at fault. Failing to do so may restrict your entitlements to a great extent.
After this, you need to lodge in a Claim form with the insurance company of the responsible party as soon as possible. You can ask for your insurance company’s assistance in locating them.
What compensation can I receive in car accident claim?
Once your personal injury claim is accepted, you will receive reimbursements for your medical expenses and your wage while you recover. If your injury needs ongoing medical assistance, you may become entitled to a pay out of a lump sum. You must always rely on expert legal advice in such matters.
What if the accident happened between working hours?
If the Car or Motor Vehicle Accident occurred during work hours, while on a lunch break, or while you were traveling from work, you may also be covered by the insurance cover as a Journey Claim from your employer’s insurance. The entitlements from either route will be the same.
You should know that you can pursue a Journey Claim even if you were at fault, and it can also be done simultaneously with a CTP claim.
Who is entitled to pursue a Workers Compensation Claim in WA?
In the state of Western Australia, to pursue a Workers Compensation claim you have to be an established worker of WA by your employer and your insurance company. You must also have sustained the injury you are reporting at your workplace in WA. Any Workers Compensation Claims are managed by the Work Cover in Western Australia.
What are time limitations in WA?
You must always report the injury and accident to your employer immediately to pursue Workers Compensation, and then you must get a doctor’s diagnosis and receive treatment for your injury. Your Western Australia Workers Compensation Claim must be launched within the span of 3 years from the date of the accident. Your claim will be statue barred if this time period is exceeded.
What compensation should I receive?
Once your claim has been accepted by the Western Australia WorkCover, your entitlements may include a percentage of your wage, and your medical expenses and treatment approved by WorkCover. Your repayments can be cut significantly in WA after a certain time. Western Australia’s WorkCover will also reimburse you for your hospital, rehabilitation, and other medical expenses.