Loss of income, as well as the medical expenditures, may be reimbursable by way of compensation depending on the accident you had and the situation of your injuries. In compliance with the relevant act, loss of income due to minor injuries might be recovered with statutory benefits. The recoverable amount will be a proportion of the pre-accident salary. However, for non-minor injuries and permanent impairment, the claimant may be awarded lump sum compensation both for economic loss and psychological sufferings in addition to the statutory benefits. Every situation should be evaluated by a personal injury lawyer to understand the entitlements as the process is quite complex and taking an action individually might lead to unsatisfying outcomes.
Compensation claims
Under the laws, personal injury relates to physical and mental harm due to the reckless actions of someone else. The negligent act in personal injuries might be failing to take preventive measures for a safer environment, disobeying workplace safety regulations and ignoring maintainable problems such as water spillages.
- Motor Vehicle Accident Compensation
In motor vehicle accidents, regardless of fault, everyone can receive statutory benefits from CTP insurer as motor accident are partially based on the no-fault scheme. However, these payments may not be available for those who have committed a driving offence.
- Workplace Injuries Compensation
In Australia, work-related injuries may be reimbursable by way of workers compensation. Weekly payments to replace income loss, medical expenses, back to work and new employment assistance payments might be made to those suffering injuries work-related injuries. Note that the injuries do not necessarily have to arise in the workplace. Compensation may be claimed as long as the injuries occurred in the course of employment. Additional damages may be charged if the employer was negligent.
- Public Liability Compensation
Liability refers to the legal obligation to maintain a safe environment in every workplace to prevent harm to others. However, compensation may not be claimed due to accidents that occurred from inherent and obvious risks. These risks can be eliminated by taking precautions such as using caution signs, caution tapes and warning labels. Slip & fall injuries, high degree burns and injuries from falling objects are among the examples of common public liability incidents.
- Medical Negligence Compensation
Liability should also be established for the medical negligence claims as the doctors, surgeons and practitioners have a professional duty of care to their patients. Complications as a result of unaccepted treatment methods, misdiagnoses, medication errors and any other acts resulted in harm to the patients may be subject to compensation.
Lump sum compensation and contributory negligence
Depending on the claim, severe injuries and personal impairment may be awarded by way of lump sum compensation if the claimant meets the required permanent impairment degree. However, in compliance with the relevant act, the damages may be reduced due to contributory negligence. Contributory negligence can be defined as the lack of taking personal care for their own safety. The court will assess the contribution of the lack of personal care to the injuries.
Loss of income compensation process
Loss of income might be a temporary or a permanent situation depending on the injuries. While minor injuries are likely to get better in a few months, permanent impairments might cause significantly decreased capacity to earn. In this case, the claim should be supported by relevant evidence to make sure the amount of compensation will be enough to ease the financial burden. The process requires to be handled professionally as personal injury claims are sensitive and individual representations are likely to end up with unexpected results. So, you may contact Withstand Lawyers in NSW, Australia to get your free claim assessment.
