Understanding Personal Injuries in Queensland
Dealing with an injury can be a stressful time, but you don’t have to do it alone. Getting advice from a personal injury lawyer can help you establish your rights and whether you are entitled to a compensation claim or not. Here’s what you need to know about personal injury claims in Queensland.
Common Injury claims in Queensland
Motor vehicle accidents
Being involved in a motor vehicle accident is something none of us wish to be apart of, however, they are common and depending on the severity they can be life-altering. If the incident was a result of someone’s else’s negligence you might be entitled to compensation to cover expenses related to your recovery. Here are some of the damages you may be able to claim for:
- Medical expenses, including travel to and from appointments
- Loss of income and impacts on future employment
- Pain and suffering
- Out of pocket expenses
- Paid and volunteer carer help
The award of damages are governed by The Civil Liability Act 2003 here in Queensland and attempt to limit the economic loss you can claim for so, it’s important to have the right legal representation on your side. They will help you navigate your way through this and ensure you are getting the absolute best outcome from your claim. It’s better to do this sooner rather than later as strict time limits apply.
If you get injured at work in Queensland, you may be entitled to statutory cover. A work-related injury can be anything from a minor ailment right up to permanent disability. If the injury was sustained because of another’s negligence you may be able to claim for damages as well. Some examples include:
- Unsafe working conditions
- Negligence of a co-worker
- Equipment that is not suited to the job, maintained correctly or regularly
Regardless of whether the injury was your fault or your employers, you are still entitled to compensation under Queensland’s statutory workers’ compensation scheme. This can cover costs associated with your injury such as time off work, medical and rehabilitation expenses.
Again, strict time limits apply, so don’t hesitate to speak to a personal injury lawyer.
Public liability claims
A public liability claim is a process of seeking compensation for an injury you have sustained at a public place or sometimes private property.
Some public liability injuries include:
- Trips, falls, or slips at shopping centres or stores
- An animal attack injury
- An injury that occured at a public place such as a beach, park, or playground
To ensure your Public Liability Claim is successful, you should have evidence that the organisation or public place was at fault and if the injury could have been avoided if due care was taken.
Not being able to work or complete normal work duties due to your injury can potentially see you facing financial hardship. You can make a claim against your superannuation depending on your policy. A personal injury lawyer will be able to advise you of your eligibility for compensation through your super and can help you fight rejected claims or claims that were not paid in full if you have already applied.
If you have suffered an injury as a result of a health care provider’s negligence or inadequate treatment was provided for an injury or illness, you may have a compensation case.
Manufacturers that make products have a duty of care to their consumers and Australia has strict quality control measures in place that products must adhere to. If a faulty product has caused you harm, you may be entitled to claim compensation.
Public service employees and employers who work for Comcare organisations can claim compensation for work-related injury or illness under the Safety, Rehabilitation and Compensation Act 1988. Some businesses who are covered:
- Commonwealth Bank
- Australia Post
- National Australia Bank
- John Holland
Mesothelioma is a cancer which progressively worsens in the lungs and is caused by breathing in chrysotile fibres found in asbestos. The prognosis for people with this cancer is not good. You should seek legal advice as soon as you can after diagnosis to ensure you can claim the compensation you are entitled to. If the exposure was in Queensland, you have three options to claim compensation:
- A WorkCover Queensland Statutory claim
- Common law claim against your employer
- Common law claim against the manufacturer of the product that caused the asbestos
A personal injury lawyer will be able to advise you of which option is best suited to you given your circumstances.
If your working conditions expose you to prolonged bouts of sunshine with inadequate PPE, and you have been diagnosed with skin cancer, you may be able to lodge a claim to cover your medical bills, time off work etc.
Industrial deafness claims
Having to work in an excessively loud environment or with noisy equipment for extended periods can cause irreversible damage to a person’s hearing. You don’t have to just live with it, if the damage was sustained in Queensland you may be entitled to compensation.
Listed above are some of the common injuries we see but not limited to. If you are dealing with an injury, mentioned or not, contact our experienced team here at Southeast Injury Lawyers to find out more. We offer free 30-minute case reviews and can help you with your compensation claim.
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