Did you know that the law of personal injuries in Queensland has been influenced by the big Hollywood celebrities who visit here? Well this is actually the case.
In early 2000, when new legislation was still being implemented for our new Motor Accident Insurance Scheme in Queensland, this was actually a consideration in putting together that legislation. When I talk about Queensland’s Motor Accident Insurance Scheme, I am referring to our system of motor vehicle Compulsory Third Party Insurance. This insurance enables those injured on our roads and motorways to obtain compensation for their injuries and the loss and damage they suffer as a consequence. This Scheme is governed by the Motor Accident Insurance Act 1994.
If you are hurt in a motor vehicle accident, one very important area of compensation you are able to claim for is reimbursement for your lost earnings, including both past and future earnings. When a person is injured in a car accident and cannot work or has a reduced earning capacity because of their accident injury, then they can claim for that loss of income they have sustained since their accident and also, the loss they are likely to sustain in the future.
An example is a brick layer who earns $800 per week who suffers a serious back injury in a car accident and cannot work. That brick layer will be entitled to claim $800 per week loss from the date of the accident until his likely retirement age in the future, as well as for any increased income he was likely to have earned had he not been injured in the accident. This can equate to quite hefty damages.
So, when legislators were drafting up legislation governing what you can claim when injured in a motor vehicle accident in Queensland, they had to consider the possibility of a big celebrity, who earns millions of dollars a year, suffering injury in a car accident and having a massive claim for that lost income. Such a claim could send our Motor Accident Insurance Scheme into chaos.
Hence, legislation was introduced providing a cap on what can be claimed for loss of income in Queensland if involved in a road accident. If you suffer a motor accident injury in Queensland, you are limited to claiming a weekly loss of income of no more than 3 times the average gross weekly wage for a full time adult in Queensland, which equates to approximately $4,500 per week.
Interestingly, in late 2000, Tom Cruise was about to visit Australia for the making of the film, “Mission Impossible II” and the consideration that Cruise, who was earning at least $20 Million a movie at the time, could be making a claim for a motor accident injury was what brought about this restrictive provision, capping how much can be claimed for loss of income in a motor accident injury claim in Queensland.
Most of us can only dream about earning $4,500 per week, but for someone like Tom Cruise, this would be chicken feed and a significant capping of his potential claims should he be rendered unemployable because of a motor vehicle accident in Queensland that was not his fault.
Later on, in 2003 when the Civil Liability Act 2003 was introduced, this capping of claims for lost income extended not only to motor accident injury claims, but also any claims for personal injury in Queensland that was not a workplace injury falling under the Workers’ Compensation & Rehabilitation Act 2003.
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If you’ve sustained injury in a motor vehicle accident, a work accident, medical incident or in any other way, Palmers Compensation Lawyers are No Win No Fee Personal Injury Lawyers and can help you achieve all of the compensation you are entitled to. We specialise in the area of personal injury law and are experts in the field.
You can contact us for FREE claims advice as to whether you do have a valid personal injury claim to pursue and how much compensation you will receive for your claim, by FREE calling us on 1300 388 383, Chatting with us online via our LiveChat service, or send us your enquiry via one of our FREE Instant Case Appraisal forms. We will respond to you instantly and you will be dealing with a Senior Lawyer expert in personal injury claims at all times.
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