Life can take unexpected turns, and sometimes those turns involve getting hurt because of someone else’s carelessness.
If you’ve been injured in Queensland due to another party’s negligence (whether motor vehicle accident, workplace accident or public liability accident), you generally have three years from the date of injury (with limited exceptions) or from your 18th birthday (whichever is the later) to comply with relevant legislative procedures and to have, if necessary, commenced legal proceedings in a Queensland court. Bringing a claim will often be opposed by the insurer of the at-fault party and their lawyers. This process might seem intimidating. The guides on this website aim to simplify aspects of the process and empower you to seek appropriate compensation for your loss and damage.
Here, we’ve included a list of compensation payouts for different types of injury which you might qualify for.
What is a Compensation Payout?
A compensation payout is a financial award that helps you recover after an accident caused by someone else’s negligence. It is compensatory, not punitive, so the intent is to put you, as far as money is able to do, in the position you would have been in had the negligent conduct causing your injury had not occurred.
Compensation can cover:
Medical Bills: This covers past and future medical expenses related to your injury, such as hospital stays, doctor and specialist visits, surgical costs, medication, physical therapy, and rehabilitation and medical equipment costs.
Lost Wages and Loss of Earning Capacity: If your injury restricts or prevents you from working, forces you to take time off or reduce your hours or overtime, or limits your opportunities for promotion or to work in other vocations, compensation can help offset those lost wages and missed opportunities, and ensure financial stability during your recovery and in the future.
Pain and Suffering: This acknowledges the emotional and physical toll your injury has taken on you. While difficult to quantify, pain and suffering is a valid component of compensation. This type of damage is heavily regulated in Queensland, whether it is for a workers’ compensation, motor vehicle or public liability claim.
- Lost Superannuation: Where you have lost income from the date of injury up to the time of claim settlement and where there will be lost income/ lost earning capacity in the future, those losses will result in a consequential loss of past and future superannuation (which would have otherwise accrued on that “lost” income). The resulting lost superannuation can be claimed.
- Unpaid and Paid Care & Assistance: While unpaid care is not available in workers compensation matters, you can claim for unpaid care & assistance (including cleaning, cooking, shopping, washing, vacuuming, mopping, ironing, dressing, wound care, transportation, gardening etc.) if you meet the statutory threshold and so long as the need for the care arises as a result of the accident injuries. Paid care & assistance will generally be recoverable, again where the need is due to the accident injuries (with some statutory restrictions).
The amount you receive depends on several factors, including:
Severity of your injuries
Long-term impact on your life
Specific circumstances of your case
Are You Entitled to a Compensation Payout?
After an accident or injury, you might be wondering if you have grounds to seek compensation. Here’s a breakdown of some key factors to consider:
1. Negligence
Ask: Did someone else’s actions or inaction cause your injury (e.g., drunk driver, property owner failing to maintain a walkway)?
Negligence means if someone else’s carelessness and breach of duty of care caused your injury, you might have a claim. This includes scenarios like injuries from a drunk driving accident, a workplace accident due to unsafe equipment or a fall on an improperly maintained property. If the actions of the person who owed a duty of care to you didn’t meet the reasonable standard required of them and which caused your injury, it’s worth investigating whether you have a viable claim for compensation.
2. Damages
Ask: Can you prove financial losses (medical bills, lost wages) or non-financial losses (pain and suffering) from the injury?
For a compensation claim, you need to show you suffered injury as a direct consequence of the negligence/ breach of duty of another and that your injury resulted in identifiable losses. These can be financial, like medical expenses and lost income, or non-financial, such as pain, incapacity, disability, psychiatric injury or emotional distress.
3. Evidence
Remember: Medical records, police reports, witness statements, and photos strengthen your case.
A strong compensation case relies on evidence that proves the other party’s negligence/ breach of duty of care, how it directly caused your injury and the extent of your resulting loss. This evidence can include medical records documenting your injuries, police reports from a motor vehicle accident, a workplace health and safety investigation report into a workplace accident, an expert engineer’s slip coefficient test for a public liability claim, witness statements, photos of the accident scene or your injuries, invoices and receipts for medical and other expenses, and financial or employment records to establish economic loss.
4. Time Limits
Remember: Each state has a deadline (statute of limitations) to file a claim. Missing it can weaken your case or bar you from seeking compensation.
Each state sets its own compensation claim deadlines by legislation – often referred to as a statute of limitations. In Queensland, the limitation period for personal injury claims is (with very limited exceptions) three years from the date of injury or the date the injured person reaches 18 years of age within which to resolve any claim or to commence legal proceedings in a Queensland court. Additionally, the legislation covering personal injury claims for motor vehicle accidents, workers’ compensation and public liability claims imposes pre-litigation requirements which must be complied with before court proceedings can be commenced.
If you miss the statute of limitations deadline, you will lose your chance to seek compensation (as there are only very limited, costly and technical exceptions allowing for a court-ordered extension of time).
It’s important to know the specific statute of limitations date for your injury and to act quickly after your injury given how long it sometimes takes to complete the necessary pre-litigation requirements.
If you have taken no action and the three-year anniversary or your 21st birthday is rapidly approaching, it is important to consult with a lawyer, as there are processes by which your limitation period can be informally or formally extended.
Types of Compensation Payout
Hurt due to another party’s carelessness? Here’s a breakdown of potential compensation payouts you could be entitled to.
Motor Vehicle Accident Claims
Personal injury compensation payouts can include payments for pain and suffering, past and future out of pocket expenses (such as medical and pharmaceutical costs), past and future economic loss and loss of earning capacity, lost superannuation and past and future unpaid and paid care and assistance.
Motor vehicle property damage claims reimburse repair or replacement value of the damaged vehicle, interim rental car hire, repair or replacement of damaged personal effects and potential loss of use claims for business vehicles.
Workplace Injuries (Workers Compensation)
The Workers Compensation scheme in Queensland provides statutory no-fault financial aid for various injuries at work and a following opportunity to access fault-based common law damages. Here’s a glimpse at what median statutory no-fault benefits looked like in 2021-2022:
Fractures: $39,952
Hand wounds: $11,500
Other open wounds: $19,696
Bruises: $19,132
Foreign objects in the body: $10,985
Burns: $17,040
Back strains/sprains: $17,487
Shoulder strains/sprains: $38,211
Back-related musculoskeletal issues: $26,895
Other musculoskeletal issues: $29,070
Strain and sprain (other): $20,820
Psychological and psychiatric injuries: $61,047
Other injuries and diseases (including deafness and mesothelioma): $35,397
Beyond a worker’s entitlement to no-fault statutory compensation benefits for a workplace injury, the worker may have a basis for establishing a fault-based claim against their employer for negligence and a resulting entitlement to common law compensatory damages.
A workers compensation personal injury compensation payouts can include payments for pain and suffering, past and future out of pocket expenses (such as medical and pharmaceutical costs), past and future economic loss and loss of earning capacity, and lost superannuation (with limited opportunity for reimbursement of past and future paid care and assistance).
A claim for fault-based employer negligence will depend on the individual circumstances in each case; and you should consult with a workers compensation lawyer to assist in determination of whether you have a viable claim and the path to satisfy the statutory pre-conditions for proceeding with such a claim.
Public Liability
A public liability personal injury compensation claim for injury in a publicly accessible place (footpath, park, shopping centre, public building, art gallery, apartment complex) can include payments for pain and suffering, past and future out of pocket expenses (such as medical and pharmaceutical costs), past and future economic loss and loss of earning capacity, lost superannuation and past and future unpaid and paid care and assistance (if it meets the threshold).
It’s important to remember, each case is unique. The severity of your injury, the impact on your life, and the specific details of the accident all play a role in determining your compensation. There’s no one-size-fits-all answer, but a lawyer can help estimate the damages you might be entitled to.
Medical Negligence
If medical care in Queensland left you with new injuries or worsened your condition, you may be eligible to file a medical negligence claim and recover compensation for the additional harm caused.
Product Liability
Were you injured by a defective product purchased in Queensland? Product liability claims can be pursued against the manufacturer, distributor, or retailer of the faulty product to help you recover compensation damages for pain and suffering, past and future medical and out of pocket expenses, past and future care, past and future economic loss and lost superannuation.
Unsure About Your Case?
While this list of compensation payouts offers an overview of potential compensation claims, every injury case is unique. To ensure you explore the best options and maximise your compensation, consult a qualified personal injury lawyer.
Challenges You Might Face and Why a Lawyer Can Help
The path to fair compensation recovery isn’t always smooth sailing. Here are some common hurdles you might encounter:
1. Insurance Company Tactics: Insurance companies understandably seek to decline your claim, deny or apportion liability or otherwise minimise the value of your claim. They may:
Deny that the accident occurred (where the matter was not contemporaneously reported to police or where the at-fault vehicle is unidentified).
Deny liability on behalf of their insured driver (thereby denying liability for immediate payment of or contribution towards rehabilitation costs).
Apportion liability in their favour.
Rely on statutory time frames for action and responses that frustrate claimants who wish to resolve their claims quickly in order to get on with their lives.
Rely on technicalities in the legislation to require claimants to address additional and often unnecessary hurdles to claim finalisation.
Require independent medical evaluation by their preferred medical specialists rather than accepting the claimant’s medical evidence; and only do so after receipt of all the claimant’s evidence.
Request provision of additional material to which they are not technically entitled as a precondition to progressing the claim.
Make unrealistic and unreasonably low offers of settlement on the basis that a desperate or fearful claimant may accept the offer without obtaining legal advice or contrary to such advice.
Engage in a communication style which intimidates claimants, especially where they are unrepresented.
Experienced compensation lawyers are used to these tactics and have developed strategies to negative or respond to these tactics and to otherwise address any inexperienced claimant fears or misgivings.
2. Lack of Evidence: A strong compensation case hinges on solid evidence, such as medical records, police reports, witness statements, and accident scene photos. Gathering and preserving this evidence is crucial, and an experienced compensation lawyer can guide you through this process.
3. Shared Fault: Sometimes, both you and the other party may share some responsibility for the accident. This can complicate your claim and potentially reduce the amount of compensation you receive. Understanding the legal concept of comparative negligence is important, and an experienced compensation lawyer can advise you on how it might apply to your specific case.
4. Time Limits: Each state has a statute of limitations, a deadline by which you must file your personal injury claim. Missing this deadline can significantly weaken your case or even bar you from seeking compensation altogether. In Queensland, the limitation period is three years after the date of the accident or the claimant’s 18th birthday, whichever is the later. Remember, there are also statutory pre-litigation processes and requirements, which need to be satisfied or addressed within that limitation period. An experienced compensation lawyer knows the various avenues by which this limitation period can be protected in order to preserve and protect your claim.
Frequently Asked Questions
What are compensation payouts?
Compensation payouts refer to financial awards given to individuals because of legal claims, insurance settlements, job issues, or other situations where they were hurt or lost something.
These can include, but are not limited to, personal injury claims, wrongful termination, workers’ compensation, and disability benefits.
Who is eligible for compensation payouts?
It depends on your specific situation. Generally, if you can show you were harmed due to someone else’s fault (like negligence), you might be eligible. However, the exact rules vary depending on the situation, so it’s best to contact a lawyer to see if your case fits the bill.
Where an accident affects a third party to a degree beyond the normal shock and grief and certain technical legal requirements for “proximity” are satisfied, then the third party may be able to make a claim. This might be in circumstances where a relative has witnessed or heard about a traumatic death of a family member in a distressing manner. This is a very technical legal area – so please consult a personal injuries lawyer to ascertain whether the circumstances give any entitlement to compensation. If a worker has been killed in a work accident covered by the workers compensation legislation, certain family members may be entitled to statutory lump sum death benefits, similar to a TPD benefit. Again, there are certain technical proof requirements to such claims; and it is recommended that you consult with a workers compensation lawyer to ascertain whether you qualify for any such benefit.
How are compensation amounts determined?
The amount of compensation awarded in a payout can vary significantly based on factors such as the severity of harm or loss, the impact on the individual’s life, lost wages, medical expenses, and the legal framework governing the specific type of claim.
In many cases, settlements are negotiated between the parties involved, while in others, the amount may be determined by a court or a tribunal.
How long does it take to receive a compensation payout?
The time frame for receiving a compensation payout can vary widely depending on the complexity of the case, the legal process involved, and whether the payout is the result of a negotiated settlement or a court judgment.
Some cases may be resolved and payouts received within a few months, while others can take several years to conclude.
Are compensation payouts taxable?
The taxability of compensation payouts depends on the nature of the settlement and the jurisdiction in which the recipient resides.
In some cases, such as personal injury settlements, the payout may be tax-exempt. However, other cases, like employment dispute settlements that include back pay, may be subject to taxation.
It is advisable to consult with a tax professional to understand the tax implications of any compensation received.
Do I need a lawyer to claim a compensation payout?
While you have the right to pursue a compensation claim on your own, the legal process can be intricate and stressful. Here’s how a lawyer can significantly benefit your case:
- Streamlining the Process: Lawyers are well-versed in the law and can handle the complexities of claims, freeing you to focus on recovery.
- Evidence Gathering: Compensation lawyers have connections with independent medical experts who are prepared to provide specialist reports to insurers and the courts to support your claim. Further, lawyers have access to arrangements for upfront or deferred payment of the substantial cost of obtaining independent expert medical reports and other records from medical providers and government agencies.
- Negotiation Skills: Negotiating with insurers can be challenging. A self-represented claimant will find themselves facing a plethora of submissions of what is fair and reasonable compensation for their injuries without any clear and reliable reference point to assess the truth or reasonableness of them. Insurers act in their own interests and are not obliged to offer claimants what their claims are truly worth. A lawyer’s experience and negotiation skills can help secure a fairer settlement that better reflects the full extent of your entitlement to compensation.
- Court Representation: If your claim goes to court, a lawyer is better placed to comply with court rules and requirements to best present your evidence and case to the court.
- Peace of Mind: Having a qualified professional handle your case can alleviate the burden and stress associated with navigating the legal system after an accident. If you self-represent and accept the insurer’s “best and last offer” of compensation, you will always be left wondering whether you have received your true and full entitlement to compensation. Indeed, there are many cases where self-represented claimants try to claim more (but can’t) because they accepted too low an offer from the insurer.
