Compensation Law

Compensation law is designed to assist the recovery of those who have suffered injury, damage and / or loss arising from various circumstances by reimbursing expenses, providing medical services and care and / or awarding monetary sums.

Workers compensation is aimed at supporting workers who are injured, aggravate an existing condition, become ill whilst performing their work duties, or are hurt during a workplace incident or whilst travelling to and from work. This is a no-fault system, providing injured workers with weekly benefits and access to medical assistance such as physiotherapy and rehabilitation and home care, whilst they recover.

A work injury damages claim (or common law claim) may entitle an injured worker to pursue compensation against the employer’s insurer if the injury suffered was due to the employer’s negligence (either directly or through another employee or agent). Awards for work injury damages may include any one or more of:

  • lump sum payment for permanent impairment
  • payment for past and future out-of-pocket expenses
  • payment for past and future earnings
  • compensation for lost superannuation
  • costs for ongoing care and assistance

Motor vehicle accident claims for injuries suffered by motorists, passengers or pedestrians in the operation of a motor vehicle made through the Compulsory Third Party (CTP) insurer of the at-fault vehicle.

Compensation is assessed under a statutory scheme which imposes significant restrictions on the amount of compensation and entitlements that may be claimed. Since 1 December 2017 a person is entitled to make a claim for statutory benefits for wage loss and treatment expenses even if they are the driver at fault. For very serious injuries resulting in whole person impairment of over 10%, compensation for pain and suffering may be awarded.

Compensation laws help injured people get back on track (as best as possible) after suffering injury and loss, generally due to somebody else’s negligence. Time limits apply when seeking compensation.

A professional negligence claim may be made if you have suffered financial loss after having relied on the advice of a professional such as a financial planner, accountant, lawyer, real estate agent or valuer. A claimant must show that, in providing the advice or services, the professional’s conduct fell below the level of skill and care that would reasonably be expected within their relevant field of expertise.

Public liability claims are made against owners or occupiers of public spaces such as shopping centres, sporting facilities or theme parks for personal injury that can be attributed to the negligence of the owner, occupier or its agent. These claims are generally made through the public liability insurer.

Slip and fall incidents form a large portion of public liability claims and usually relate to injuries sustained due to slipping, falling or tripping in shopping centres or carparks or as a result of malfunctioning equipment such as faulty doors, escalators and lifts, or broken chairs.

Medical negligence claims encompass a large category of potential claims against health providers such as doctors, specialists, nurses, surgeons, dentists, hospitals and emergency clinics.

A person who suffers injury or loss due to the negligence (or malpractice) of a health care professional or facility may be entitled to compensation if he or she can prove that the conduct causing the injury fell below the standard of practice accepted within the community and the injury or loss could have been prevented had the requisite standard been applied.

If you’ve been injured in a public place, at work, in a motor vehicle accident or other situation, it is important to obtain legal advice quickly, so you are aware of your rights and entitlements and the appropriate claim can be made.

If you need any assistance contact one of our lawyers at info@tklegal.com or call +61 2 9212 2422 for a no-obligation discussion and for expert legal advice.