Saturday, 6th September 2008
18°C (Adelaide)
18°C (Adelaide)
People can be injured in a variety of situations and under various conditions. Injuries can be both physical and psychological. So, personal injuries law is divided into various sections that include:
You may be asking yourself whether or not you might have a claim for compensation. You may believe you have some idea about whether or not someone else is to blame for your injuries.
If this is the case, you should see a lawyer who will assess whether your injuries were caused by someone else’s actions or neglect. The important thing to remember is - do not delay.
Q I lodged my claim form some weeks ago but have not received a determination. Is there anything I can do to speed it up?
A Lodging an Application for Expedited Decision with the Workers Compensation Tribunal enables an officer of the Tribunal to enquire into the reasons for the delay and assist you to access a determination. The forms are available on the Tribunal’s website but you can seek help from a lawyer who practices in this area if you need help.
Q I disagree with comments made by an independent medical expert about my disability. Can I request a second opinion?
A You may wish to discuss the medical evidence with your treating doctors. You are entitled to provide further medical evidence from your treating doctors or another independent expert. A lawyer can assist you by ensuring that any further report deals with the questions relevant to your claim.
Q My claim manager suggested I seek legal advice about a Common Law claim for my work injury. I thought there was no right to sue my employer so what is he talking about?
A The Workers Rehabilitation and Compensation Act prevents you from suing your employer if you are entitled to benefits under that Act. There are times however when a third party may also have contributed to your injury. Examples include being injured in a work journey or in some labour hire situations. To properly understand whether you will benefit from investigating any possible Common Law rights, you should consult a lawyer who specialises in these types of claims.
Q I have been offered a redemption of future weekly payments and medical expenses but told I must see a lawyer to sign the papers. Why do I need a lawyer?
A A redemption agreement is a legal contract between you and the compensating authority. Money paid under this contract has Taxation, Centrelink, Medicare, private health and other consequences which you need to understand before signing. Funds cannot be paid under the agreement until you have provided certificates to be attached to the agreement. One of those certificates covers the legal advice you must receive. The lawyer assisting you can advise you of the steps you need to take to secure the redemption agreement.
Please give us feedback about your experiences using Foolkit and ideas for improvements.
New WorkCover Laws
Amendments to the Workers Rehabilitation and Compensation Act effective from 1 July 2008 may alter your entitlements. Some changes to the law have immediate effect and other changes will become effective on different dates. See the link below to the Guide produced by WorkCover SA for an overview of the changes. While this overview is informative of the changes, the ways in which individual claimants may be affected can vary.
Claims made after 1 July 2008 will be subject to the new laws. Your entitlements, rights and responsibilities may be affected over the coming months even if you have a claim which was accepted before 1 July 2008.
Any injured worker/claimant unsure of how the changes may affect their rights and responsibilities, whether now or in the future, is encouraged to seek independent legal advice at the earliest opportunity from a lawyer familiar with the changes.
Q Even though I remain in pain six months after my car accident, my neighbour told me that I am not entitled to claim because I did not take any time off work. Is this correct?
A You need only to meet the threshold that “your ability to lead a normal life was significantly impaired by the injury for a period of at least 7 days” and/or that you incurred medical expenses up to a regulated amount. Whether or not you attended work may be relevant but is not the whole answer. You should not rely on the experiences of people who are not legally qualified. If you want to know your rights, consult a lawyer who specialises in motor vehicle injury claims.
Q My family helped me a lot to get back on my feet after my injury. My wife took a month off work to help. Can we claim for the help my family gave me?
A Compensation is payable for gratuitous services provided to you by some family members during your recovery. The amount depends on who helped you and what they did. Each matter is assessed on its merits.
Q I have received an offer to settle my claim but the amount was reduced because I was not wearing a seatbelt. Is this right?
A Some fixed percentage deductions apply under the Motor Vehicles Act. This is the case when you fail to wear a seatbelt. Deductions can also be made for other contributing factors on your part. Each case depends on the particular facts and you should seek legal advice to be sure of your rights.
Q Before I received my claim number, some of my doctors put my bills through Medicare. Will I have to pay this back?
A Medicare Australia enquires into every claim when it is settled to find out if Medicare has paid for any treatment for your injuries. If so, Medicare will seek a charge against your settlement. Medicare will advise you in writing what you are required to do to identify the accounts which will be in the Notice of Charge. This process can be done before the settlement of your claim so that any charge can be taken into account before you settle.
Don’t leave contacting a lawyer to find out about compensation too late! Time limits apply to these claims and are usually 3 years from the date of the accident. Your lawyer will need time to talk to you and tell you what to do, so allow plenty of time for this also.
Your lawyer will talk to you about time limits, and in the event you have missed a deadline, whether the Court might make an exception and let you make the claim anyway.
EditorOur Injuries Law editor is Ruth Carter of Ruth Carter & Associates. Tel: (08) 8212 7322 |
|
When you go along to see your lawyer, save time (and money) by bringing along the following:
calendar
world clock
calculator