Other Compensation Claims

Palmers Compensation Lawyers are personal injury claim experts and specialise in all areas of injury compensation.

What Is a Personal Injury Claim?

A personal injury claim arises where a person suffers injury due to the wrongful or negligent actions of another, giving the injured party a legal right to claim compensation for their injury and any resultant loss and damage sustained because of it.

There are primarily 3 types of personal injury claim in Queensland. These are motor vehicle accident (CTP) claims, workplace injury claims and lastly, all other claims for injury arising due to the fault of another, which we generally term “other compensation claims”.  The reason personal injury claims are separated into these 3 main streams is because of the legislation that governs each of these areas of personal injury law in Queensland.

Palmers Compensation Lawyers can advise you whether you have a personal injury claim worth pursuing

The Motor Accident Insurance Act 1994 together with the Civil Liability Act 2003, govern how motor accident claims are conducted, what constitutes a motor accident claim, and regulate the compensation you can receive for your car accident injuries.  This legislation also regulates the legal costs you can recover from your motor accident claim.

Similarly, the Workers’ Compensation & Rehabilitation Act 2003 provides the same type of governance of workers’ compensation and Common Law Claims for work injury in Queensland.

As for all other personal injury claims that arise due to the wrongful or negligent actions of another, they are governed by the Personal Injuries Proceedings Act 2002 or PIPA as it is commonly known, and are usually referred to as PIPA claims or public liability claims.  PIPA regulates how personal injury claims that are not motor accident or work injury claims are run. The Civil Liability Act 2003, also applies to PIPA claims, placing restriction on certain compensation payments and regulating the recovery of legal costs, as it does with motor accident claims in Queensland.

Types of PIPA claims

As discussed above, PIPA claims generally include all personal injury claims that do not fall within the Motor Accident Insurance Act 1994 or the Workers’ Compensation & Rehabilitation Act 2003, and can include such claims as:

  • Medical negligence or medical malpractice claims, arising from substandard medical treatment or advice;
  • Slip or trip & fall claims (eg. at shopping centres or private residences);
  • Claims for injuries arising from defective products;
  • Dog or animal attack claims;
  • Claims for injuries to independent contractors on unsafe work sites (eg. mining or construction sites);
  • Claims for injuries sustained in the workplace by labour hire company employees (Host employer claims);
  • Boating, jet ski or marine accidents;
  • Aviation claims;
  • Injuries sustained on unsafe commercial, public, government or private property;
  • Assaults, including bodily assaults and threats of violence giving rise to psychological injury; and
  • All other claims for injury caused, or contributed to, by the fault of another.

Generally, if you suffer an injury due to another party’s negligent or wrongful actions, or lack of action, then at law you have the right to seek damages (compensation) for the loss and damage you have sustained as a result of your injury.

For example, if you visit a shopping centre and the lack of inspection and cleaning of the floor surfaces of the shopping centre result in you slipping and falling, causing you injury, then you have a right to sue the shopping centre to recover compensation for the loss and damage you suffer as a consequence of that injury.

When we talk of the loss and damage you have sustained, we are talking about such things as medical and out-of-pocket expenses you have had to pay for because of your injury, loss of income because you are unable to work or have a reduced work capacity due to your injury (which may be an ongoing problem), the costs of engaging care & assistance because you are unable to undertake your personal care or domestic tasks, as well as pain & suffering caused by your injuries.

If you’ve sustained an injury which you believe is the result of another party’s wrongful or negligent actions, then we will be able to advise you as to whether you have a worthwhile claim to pursue, as well as give you an idea of what compensation you are likely to receive for your injuries and the loss and damage you have sustained as a consequence.

Give us a call on 1300 388 383, email us (admin@nowinnofeepilawyers.com.au), Chat with us via our Livechat Service or send us your enquiry by way of a FREE INSTANT Case Appraisal Form on our website. All enquiries are welcome and they will cost you nothing at all – just a few minutes of your time. Enquiries are all totally confidential & without any obligation.

What personal injury compensation am I entitled to claim?

Common Law Damages for personal injuries

Common Law Damages is the legal term for the compensation you are entitled to at law for personal injury sustained due to the fault of another, and includes the following claims:

  • Compensation for your pain & suffering & loss of amenities of life resulting from your accident injuries;
  • Reimbursement for past lost income, and for the loss of future income you are likely to experience due to your accident injuries;
  • Loss of past and future superannuation benefits (associated with past and future lost income);
  • Reimbursement for past medical expenses and out of pocket expenses, as well as compensation for the likely expenses you will incur in the future for medical treatment, medical aids & devices, pharmaceuticals, home & vehicle modifications, surgery & hospitalisation, dental treatment, as well as any other therapeutic remedies you reasonably require because of your accident injuries;
  • Compensation for care & assistance you have required and are likely to continue requiring into the future, because of your accident injuries (assistance with domestic duties, vehicle & yard maintenance, nursing care etc);
  • Interest on past lost income & superannuation and out-of-pocket expenses.

In Queensland, compensation entitlements in personal injury claims are restricted by the Civil Liability Act 2003 (except in the case of work injury claims, which are restricted by the Workers’ Compensation & Rehabilitation Act 2003). The most significant restrictions relate to claims for pain & suffering, which are accorded damages pursuant to a Schedule set out in the Regulations to the Civil Liability Act 2003. There are also thresholds for claiming care and assistance as well as restrictions on claims for interest on past medical expenses & out of pocket expenses, past income loss and past care claims.

There are certain cases where the Civil Liability Act 2003 will not apply to a PIPA claim, and therefore, your claim is not subject to the restrictions on your compensation entitlements. This is why it is very important for you to seek the advice of lawyers, expert in personal injury claims, who have the expertise to ensure all your compensation entitlements are fully and properly identified and pursued during your claim.

How Much Compensation Will I Receive For My Injuries?

The basis upon which compensation in personal injury claims is calculated, is to compensate the injured party as much as possible for the loss and damage sustained from the injury. The more your injury impacts upon your pre-injury lifestyle and employment, the greater your compensation entitlement.

How much compensation you receive depends on a number of factors

The amount of compensation and damages you will receive for your claim is subjective. It is dependent on a number of factors which can vary for every claim.  The major determining factors include, age, medical history and general health, occupation, earnings history and future earning potential, recreational  & sporting interests, domestic arrangements and of course, the extent of your injuries and how they impact on your pre-injury lifestyle, employment and daily living activities.

Because of these varying factors and the subjective nature of compensation entitlements in personal injury claims, we cannot simply tell you that you will receive a certain amount for a particular type of injury. The individual circumstances of each claimant have to be considered when calculating their compensation payment.

For example, a professional Rugby player who suffers a knee injury in a slip and fall incident at a shopping centre and loses the opportunity to continue playing professional football, is likely to suffer greater loss and damage than say a male administration assistant of the same age in a desk job, with the same injury.

Average injury compensation payments made by insurers in Qld in 2016

The calculation of Common Law Damages for personal injury in Queensland is assessed on the same basic premise, no matter if it is a motor accident claim, workplace injury claim  medical malpractice claim, or a PIPA claim, namely, to place the injured party, as much as possible, back into the position they would have been but for their accident injury, having regard to their individual circumstances.

So, to give you an idea of what types of compensation payments are being made for personal injury claims in Queensland, we can provide you with statistical information gathered from some of the major insurers in Queensland on this very subject:

  • The Motor Accident Insurance Commission, or MAIC, as it is also known, is the Regulator of CTP motor accident insurance in Queensland.  MAIC provides statistics annually showing the average motor accident claim payments for varying injury severity. These average claim payments have remained pretty static over the past 2 years. The following statistical figures are based on MAIC’s most recent reporting for the 2015-2016 financial year:
    • The average claim payment for minor to moderate injuries (primarily minor to moderate whiplash injuries) was around $70,000 to $140,000;
    • The average claim payment for serious to severe injuries was around $307,000 to $838,000;
    • The average claim payment for critical or catastrophic injuries was around $2,000,000.
  • WorkCover Queensland is the major work injury insurer in Queensland, and provides statistical data to the Queensland Workers’ Compensation Regulator annually regarding average claim payments for work injuries in Queensland:
    • In the 2016 financial year the majority of work injury claims were for minor injury, and the average compensation payment was around $188,000 (see WorkCover Queensland 2016 statistical data);
    • In 2013, average claim payments for varying injury severity on a cross-section of claims were:
      • Injuries assessed as resulting in less than 5% impairment (minor injury) received an average compensation payment of between $160,000 and $260,000;
      • Injuries assessed as resulting in an impairment of between 5 to 10% (moderate injury) received an average compensation payment of between $213,000 to $468,000.
      • (Due to a steady increase in the average work injury claim payment since 2013, we would anticipate that these 2013 figures would have increased over the 3 to 4 years since these statistics were released.)

These claim payments are only averages and your compensation & damages entitlements are not limited to these payments. What you receive for compensation for your accident injuries will depend on the circumstances of your individual case. As indicated above in our comparison of a professional Rugby player, everyone is affected by injury differently, and therefore, compensation entitlements are different for each individual personal injury claim.

Generally, the rule of thumb is, the more your pre-injury lifestyle, employment and functioning is impacted by your accident injuries, the greater your loss & damage will be, and the greater will be your personal injury compensation payment.

Actual case examples of injury compensation payments

This is illustrated in the following cases, all of which were actual personal injury cases handled by the Principal of Palmers Compensation Lawyers:

  • Mr Austin was a truck driver who suffered, what was described by doctors as “a minor head injury” when a crate struck him on the head whilst unloading his truck. Mr Austin’s claim would have been a minor one had the head injury not affected his capacity to continue working in his occupation as a truck driver.  It was gratifying to see this 41 year old truck driver, who had a young family, receive an award of $1,052,000.00 for his claim at trial (see the case of Austin v Parmalat Australia Pty Ltd (2013) QSC 227 ).
  • How a person reacts to their accident injuries is also important, as everyone reacts to, and perceives injuries differently. Some have lower thresholds for pain and coping with chronic pain and restriction and this too will impact the amount of damages awarded. In the case of a 42 year old saleswoman who sustained what doctors assessed as a “minor whiplash injury” to her neck in a rear-ender car accident, her claim payment was in the order of $600,000 because of her difficulty coping with her injury, and not $70,000 – $140,000 as indicated by the statistical figures above.
  • A 7 year old boy suffered severe injuries in a highway accident, resulting in paraplegia. At the time of resolution of his claim at age 15 years, this amazing young man had adapted extremely well to his injuries and was working toward tertiary studies. He achieved damages of $4.1 million for his motor accident claim.
  • An adult male labourer in his early 60s suffered a below knee amputation of his lower limb following a head on collision. He received $2.1 million for his motor accident claim.
  • A male labourer in his 50s received $500,000 for, what doctors described as a minor head injury, he sustained when striking his head on a low beam, because the injury interfered with his sense of balance and consequently, his ability to continue working on boats.

Where catastrophic injuries are involved, Common Law Damages awarded can be in the order $15 million or more in cases of tetraplegia or catastrophic brain injury, where there is significant ongoing medical and personal care required for the life of the accident victim.

Don’t ignore minor injuries – it can be hazardous to you & your financial health

Whatever your personal injury, whether a minor whiplash injury or catastrophic injury, Palmers Compensation Lawyers will be able to advise you as to what your full and proper compensation and damages entitlements are.

It is often the case that people ignore minor injuries they sustain in a simple accident, thinking the twinge of pain they feel in their neck, back, knee, shoulder etc, will recover in a few days or weeks. However, we often see what people perceive as minor injury after an accident, developing into major problems for them later on.

When this happens, if there is no reporting of the incident with a doctor or with the at-fault party (eg. shopping centre or supermarket) at a time sufficiently contemporaneous with the accident, then it can be very difficult to pursue a personal injury claim to recover compensation needed to meet the loss and damage sustained.

As personal injury lawyers we regularly see minor injuries, such as whiplash injuries or jarring injuries to the neck or back, or a sore knee, wrist or shoulder, turning into major injuries down the track, causing interference with employment, domestic duties, and everyday functioning and even resulting in surgery and hospitalisation.

We cannot stress enough the importance of reporting any injury sustained from an accident to your doctor as soon as possible after the event, and if possible, to the at-fault party (ie. shopping centre, government office, private residence etc). Don’t assess your situation yourself, thinking that it is “nothing” and “it will just go away”, as it very well may not and you may be considerably out of pocket as a result.

If you have suffered an injury in any accident, or in the course of your work, or from poor medical treatment, contact us as soon as possible, so we can properly advise you as to what the reality of your position is and what steps you should be taking.

You May be Entitled to Workers’ Compensation

If your injury occurred on your way to or from work, during your work, or on a work break, then you may have a workers’ compensation claim. For example, a lot of accidents happen on the way to or from work – a worker may trip on a hole in the carpet of the lobby of the office building where his workplace was leased, causing him to fall and suffer injury.

In such case, the injured worker would not only have a PIPA claim against the owner of the building for his trip and fall on the unsafe floor surface, but he would also have a work injury claim against his employer for failing to ensure his access to and from his workplace was safe.

As the injury occurred on his way to work, the worker would also have a workers’ compensation claim in relation to his trip and fall injury. To learn more about work injury Common Law claims and workers’ compensation claims, go to the following link: Workplace Injuries & Accidents.

Are You An Independent Contractor Injured In The Course of Your Work?

Only those who are “workers” in Queensland as defined in the Workers’ Compensation & Rehabilitation Act 2003 can claim workers’ compensation and Common Law Damages from WorkCover Queensland or a self-insured employer, when injured whilst undertaking their work.  An independent contractor’s work injury claim is one under the Personal Injuries Proceedings Act 2002 or PIPA as it is known, and will be against the party or parties whose negligence resulted in the injury occurring. As an independent contractor there is no entitlement to workers’ compensation benefits.

However, it is often the case that what an employer is terming an “Independent Contractor” relationship, is not actually in law seen as one – at law, it may very well be considered a master/servant or employer/employee relationship, and in such case, then the so called Independent Contractor is actually a “worker” and is entitled to all the workers’ compensation and Common Law rights of a “worker” in Queensland.

If you have been injured whilst undertaking your work and your employer is terming your employment as one of an Independent Contractor, you need to obtain expert legal advice to ensure that you are not actually a “worker” and entitled to workers’ compensation benefits and a Common Law Claim for Damages under the Workers’ Compensation & Rehabilitation Act 2003 .

It may also mean that you have entitlement to increased compensation. Should the circumstances of your case involve your employer and a PIPA defendant, then any negligence of your employer contributing to your injury, will operate to exclude the Civil Liability Act 2003 and its restrictions on your damages entitlements will not apply to the PIPA claim. You will be entitled to claim full unrestricted Common Law Damages.

To ensure that you are achieving all your entitlements CONTACT US today and find out – our expert in work injury claims is available at anytime to speak to you, day or night.

Injury Suffered Whilst Working in Host Employment

If you are working for a labour hire company, and you are injured in the workplace of your host employer or during the course of such employment, if the host employer’s negligence caused or contributed to your injury occurring, the claim against the host employer is not considered a “work injury” claim, but it falls within PIPA.  This is because the host employer is actually not your legal employer because you do not have a contract of employment with the host employer. Your contract of employment is with the labour hire company and your work for the host employer is pursuant to a contract between the labour hire company and the host employer, and not with you.

However, as your injury would have occurred whilst performing your work as an employee of the labour hire company, you will be entitled to workers’ compensation benefits, under the labour hire company’s workers’ compensation insurance. And if the labour hire company’s negligent actions contributed to your injury with the host employer occurring, then you will also have a Common Law Claim against the labour hire company, as your employer, under the Workers’ Compensation & Rehabilitation Act 2003.

In fact, it is often the case in host employment claims for both the employer and host employer to have negligently contributed to the worker’s injury occurring, and both are then liable to compensate the injured worker for the loss and damage sustained.  In such case, the Civil Liability Act 2003 restrictions on damages will not apply to the worker’s PIPA claim, and it will mean entitlement to increased compensation & damages.

If you are injured whilst undertaking your work for a labour hire company, you need to contact us as soon as possible to ensure that your claim is protected and you are achieving all your compensation entitlements.

Fatal Accidents – Dependency Claims

Hazards are everywhere and as a consequence, accidents can happen at any time and to anyone and unfortunately, they can be fatal. Recently, there was the tragic news report of a lady suffering fatal injuries whilst she was simply trying to remove a parking ticket from the ticket dispenser in the carpark of her local Gold Coast Shopping Centre.

The repercussions of a fatal accident are always devastating to those closest to the accident victim, and particularly when there is reliance upon their continued support.

When you lose someone close to you in an accident, who you depended on financially or in some other way (eg. they were your carer), then you have what is called a “Dependency Claim”.  In a Dependency Claim you can claim compensation for the loss you have sustained because of the accident and loss of your loved one. This could include lost financial support and care and assistance they provided to you, into the future. Funeral expenses and any other out-of-pocket or medical expenses incurred as a result of the fatal accident, are also claimable.

Usually, most Dependency Claims are primarily made up of a claim for the loss of the accident victims income contribution to their partner or family into the future, as well as the costs of replacing the care and assistance they provided prior to the accident and were likely to provide in the future. When looking at what loss has been sustained, even the future increased earning potential of the deceased is considered when calculating damages.

Dependency claims are limited to members of the deceased’s family, including a spouse, parent and child of the deceased. Other relatives can claim where they are able to show a pecuniary (monetary) loss (eg. they were being assisted with financial support by the deceased prior to their death and this was likely to continue into the future).

In relation to a claim by a spouse, this includes a defacto spouse and a child includes children not as yet born at the time of the deceased’s death. A child can also claim where the deceased stood in place of a parent to the child before their death, although they were not legally a child of the deceased. Similarly, a person who stood in the place of a parent to the deceased at the time of their death, although not legally recognised as a parent, can also claim where they have sustained loss.

Nervous Shock Claims

When a person loses someone close to them or their loved one suffers very serious life-threatening injuries in an accident, this can often result in psychiatric injury developing because of the shock and trauma involved.  Not just the shock and trauma of hearing about the sudden and unexpected death of their loved one, but often it can arise from also seeing their loved one seriously injured following an accident. This psychiatric injury is termed “Nervous Shock”.

Nervous Shock can be very debilitating for some, resulting in significant psychiatric injury and the inability to return to work or continue caring for themselves or dependents.

Where a person suffers Nervous Shock because their partner, spouse, parent, sister, brother etc. was injured in an accident then they have a right to claim compensation for the loss and damage they have sustained because of that injury.  The claim is treated like any other personal injury claim and the same compensation entitlements apply (see above).

If you have sustained the loss of a loved one in an accident, or someone you or your children were dependent on for financial support or care and assistance, then you should contact us at Palmers Compensation Lawyers, as we would very much like to assist you in obtaining compensation to ensure you have the support you need.

Loss of Consortium & Servitium Claims

If your partner or spouse is seriously injured in an accident, then you may also have a claim for loss of consortium. The purpose of such a claim is to compensate you for the loss of enjoyment of the company of your loved one, eg. socialising together, the loss of intimacy & the assistance they provided to you, as well as the burden of seeing your loved one disabled from their injuries, and often having to provide increased care to them due to their injuries.

A Loss of Consortium claim can only arise in cases of fatal accident or accidents resulting in serious injury, as stipulated in the Civil Liability Act 2003.

Loss of servitium claims arise when the person injured in the accident was a primary contributor to a business or enterprise, and that business or enterprise loses income or is more than likely to lose income in the future, because of the injuries sustained by their business partner or employee in the accident.

Similarly, claims for loss of servitium are also restricted under the Civil Liability Act 2003, to accidents resulting in fatality or very serious injury.

Determining Whether You have a Personal Injury Claim Worth Pursuing

When we speak about a personal injury claim being a “worthwhile claim to pursue”, we are referring to:

  • Whether you are likely to succeed in proving that your injury was the result of the wrongful or negligent act of another – in other words, the likely success of your claim;
  • The value of your claim, or what we call “the quantum” of your claim, is sufficient to make pursuing it through the legal process worthwhile; and
  • Whether the party who is at fault has sufficient funds to meet your claim.

In the case where you are injured in a motor vehicle accident, then your claim will usually fall within the Motor Accident Insurance Act 1994 , and you can seek recovery of any loss and damage you have sustained because of your accident injuries, from the CTP insurer of the at-fault vehicle, or the Nominal Defendant (where no insurer can be identified). So you are assured of having an insurer that can meet your injury compensation payment, should you bring a motor accident claim.

Similarly, in the case of work injury, if your claim falls within what constitutes a “work injury” under the Workers’ Compensation & Rehabilitation Act 2003 , then you will be able to bring your claim for injury sustained in the course of your work, against WorkCover Queensland, or a self-insured employer, that will be able to meet your claim for injury compensation and damages.

With PIPA claims, usually the public liability insurer or professional indemnity insurer (eg. in medical malpractice claims) of the at-fault party will meet your injury compensation claim. However, this is unfortunately not always guaranteed. Where the party at fault does not hold insurance, then this can obviously be a problem, as the at-fault individual or business may not have the financial means to meet your claim.

As experts in injury compensation claims, Palmers Compensation Lawyers can investigate whether the circumstances of your injury occurring gives rise to a valid personal injury claim, and also, whether the at-fault party has insurance to cover your claim, or the means of meeting it if they do not hold insurance.

Basically, we can advise you whether you have a valid claim to pursue and whether it is a worthwhile claim to pursue.

The National Injury Insurance Disability Scheme – Your Entitlements

You may be aware that as from 1 July 2016, the State and Federal Governments rolled out the National Injury Insurance Disability Scheme (NIIS) in Australia.  The purpose of the Scheme is to aid those who are seriously disabled by injury, a medical condition or disease.   The Scheme provides assistance with medical treatment, the provision of medical equipment, aids & adaptive devices, dental, as well as personal, domestic & nursing care needs.

The NIIS provides assistance to anyone who suffers “Catastrophic Injury” under the Scheme, whether it is hereditary or caused by an accident, assault or illness, as it is a no-fault based Scheme. “Catastrophic injury” under the NIIS includes spinal cord injuries, brachial plexus injury, traumatic brain injuries, permanent blindness, severe burns, and amputation injuries.

If you have been catastrophically injured in an accident, then you may be entitled to assistance under the NIIS.  The NIIS is not a compensatory body and it does not replace accident compensation via a personal injury claim.  You must still bring a Common Law Claim to be properly and fully compensated for your injuries. The NIIS is purely there to ensure those suffering serious disability in Australia have access to the medical treatment and care they need to provide them with a decent quality of life.

To learn more about the NIIS and what services it provides, click on the following link to its website: The National Injury Insurance Scheme.

The NDIS, is another scheme in Queensland providing assistance to the seriously impaired or disabled, who are likely to require ongoing care for their lifetime. This scheme has already been implemented in far North Queensland, and will be rolled out across the rest of Queensland over the next 2 to 3 years.  To learn more about the NDIS, go to the following link: NDIS in Qld.

Time Limits Apply to Personal Injury Claims in Queensland

Time limits apply to all personal injury claims in Queensland. These time limitations are quite strict and if you miss them, then you may very well be barred from being able to claim any compensation for your injuries.  This could result in significant loss to you.

There are also complex legal processes that have to be complied with before your personal injury claim is protected within these statutory time periods, and they can take some time to complete.  You will need to seek expert legal advice to help you navigate the Personal Injuries Proceedings Act 2002 to ensure your claim is compliant with the requisite claims process and that it is protected, as soon as possible after sustaining your injury.

Palmers Compensation Lawyers can help you achieve this.

Palmers Compensation Lawyers are Experts in Personal Injury Compensation Claims

Palmers Compensation Lawyers specialise in all personal injury claims, and are here to help.

If you have an enquiry about a motor accident claim, work injury claim, medical malpractice claim, or any personal injury claim, you can chat with our Claims Expert at anytime, 24 hours a day, 7 days a week, by phoning us on 1300 388 383, via Livechat or you can submit one of our Request for FREE Instant Case Appraisal forms on our website (click on the link here or complete & submit the Request form at the top right-hand side of this webpage).

Your enquiry will be FREE of any charge, completely confidential and without any obligation.  Contact us today and find out what your compensation entitlements are.

You can also request one of our FREE Claim Information Packs, if you would like to learn more about bringing a personal injury claim. Just click on the link here or the Request a FREE Claim Info Pack button at the top right-hand side of this webpage.

Remember, TIME LIMITS APPLY to personal injury claims, so don’t delay your enquiry.