What is deemed “personal injury” for the purpose of claiming compensation?
Essentially, personal injury is defined as physical and/or psychological harm, impairment, trauma, incapacity and grievance caused to a person as a result of an accident or the negligence of another person.
Overview of Personal Injury Compensation
The general laws governing personal injury claims are stated under the provisions of the Personal Injuries Proceedings Act 2002 (PIPA) and the Civil Liability Act 2003 (CLA) which are in force and effect in Queensland. However, specific personal injuries resulting from vehicle accidents, work environments or criminal offences are governed by other laws.
1. Motor Vehicle Accident
Generally, motor vehicle accidents are covered by the Motor Accident Insurance Act 1994. Victims of car accidents may file their claims with the Motor Accident Insurance Commission QLD.
2. Injury Incurred in a Workplace
If you incurred any injuries as a result of duties and obligations in a workplace, you may claim for damages under the Workers’ Compensation and Rehabilitation Act 2003. This includes official business trips, travelling back and forth between your home and work or training stations, machinery operation, chemical compounding and other forms of work-related accidents.
3. Public Injuries and Accidents
These are injuries sustained in public places such as malls, restaurants, groceries and so much more. The personal injury claims arising from these scenarios are governed by the Civil Liability Act 2003.
Public injuries include being bitten by dogs in public places, food poisoning from restaurants and other food stalls, as well as accidents in public gardens, parks and slippery pathways.
4. Injuries Resulting from Medical Malpractice
Similarly, the negligence committed by medical practitioners that led to the injury of another person is covered within the Public Health Act 2005. In case the injury caused happened during medical treatment, the court will ask the practitioner to provide evidence that he or she performed the process with due diligence and according to the prescribed procedure.
5. Injury from Defective Products
If you are injured from defective products, you may look into the laws governing consumer guarantees, warranties and refunds.
Let’s say you bought what the manufacturer claimed as “high-quality crutches.” Your goal is to help your mother walk and move better with the help of the crutches but they broke and caused more injuries to her. In this case, you may file a personal injury claim as a result of defective products.
6. Farm-related Injuries
Working at a farm entails hard work, patience and perseverance. In case, you incur an injury resulting from herding cows, operating equipment or milling grains, you may file compensation claims under the laws and regulations affecting agricultural industries.
7. Sports Injuries
For sports-related injuries and accidents, you may rely on the governing laws and regulations on recreation, sports and arts of Queensland. You may also get in touch with the QLD State Sport Organisation for guidance in processing your claims.
8. School Accidents
School accidents may happen to both students and school personnel, so varying laws and regulations may apply. If the injury incurred was the result of work-related activities, say a coach getting a hip fracture while teaching some training techniques to students, he or she may claim under the Workers’ Compensation and Rehabilitation Act 2003.
In case a student is injured, the rules and regulations of “Responding to Student Accident/Incidents: Support, Reporting and Insurance Arrangements Policy” will apply.
9. Injuries Emanating from Assault and Other Criminal Offences
Lastly, if the injury is the result of an assault or any criminal offence, the laws of the Criminal Offence Victims Act 1995 or the Victims of Crime Assistance Act 2009 will apply.
How can you claim compensation for personal injury?
Simply follow these 9 easy steps:
STEP 1: Find a reliable lawyer to defend your cause and file your claim.
STEP 2: Tell your lawyer exactly what happened during the accident. Make sure not to leave out any detail as even the smallest information can turn the case upside down. These details are very crucial when presenting Demonstrative Evidence in the court.
STEP 3: Decide whether or not to file the compensation claim. This will prompt your lawyer to file a “Notice of Claim” notifying the other party of your intention in case you decide to push through with your claim.
STEP 4: Wait for the other party to act on the notice. Make sure you are ready to provide them with documentation of the incident such as medical certificates, employment status and others.
STEP 5: Assist your lawyer in compiling proof of your claim by providing documents on hospital bills, and financial and employment records. In some cases, your lawyer may take testimonies from the medical practitioner who attended your hospitalisation, as well as statements from your employer and co-workers.
STEP 6: Your lawyer will advise you of the possible amount you may receive from the claim. He or she will also discuss the possible outcomes of your claim.
STEP 7: Wait for the schedule of a possible compulsory settlement conference.
STEP 8: Once the conference is held and your claim is successful, the court will give its judgement including the final amount of compensation.
STEP 9: Your lawyer will make arrangements for you to receive the compensation.
Contact Smith Criminal Law for personal injury claim assistance!
