Unfortunate incidents can turn your life upside down. In addition to the physical harm and emotional distress, you might face mounting medical bills, lost wages and a resulting uncertain future.
If you’ve been injured in an incident in Brisbane/ Queensland that wasn’t your fault, there are avenues under Queensland law which allow you to claim compensation for your injuries and associated losses.
This guide, specifically for Brisbane and Queensland residents, will explain the incident compensation process in this jurisdiction in a clear and straightforward way.
Having this knowledge hopefully empowers you to better understand your rights and entitlements.
Types of Incident Compensation Claims in Brisbane/ Queensland
Queensland legislation establishes a structured legal framework to afford injury victims to access compensation from an at-fault party or their insurer. This framework ensures you can receive compensation for personal injury caused by:
Motor Vehicle Accidents
The Motor Accident Insurance Act 1994 (Qld) mandates Compulsory Third Party (CTP) insurance for all registered vehicles. If a motor vehicle driver’s negligence caused you injury as a passenger, pedestrian or other road user, you can claim compensation for pain and suffering and permanent impairment, medical expenses, lost wages and lost opportunity for future employment, lost superannuation, out-of-pocket expenses and (in some cases) personal care from the at-fault driver’s CTP insurer.
What to Do:
Report the incident to the police.
Seek immediate medical attention and keep medical records.
Lodge a Notice of Accident Claim with the CTP insurer (statutory time limits apply).
Consider legal representation by a CTP lawyer for a stronger claim.
Workplace Injury
The Workers’ Compensation and Rehabilitation Act 2003 (Qld) establishes WorkCover Queensland as the main insurer for workplace injuries. Some larger employers hold their own self-insurance workers’ compensation licences. This scheme offers benefits like weekly compensation, medical expense coverage, and lump-sum payments for permanent impairments. There may also be access to a common law damages claim once the statutory claim component is completed.
What to Do:
Notify your employer immediately about the workplace accident and injury.
Visit a doctor and obtain a medical certificate.
Submit a claim with WorkCover Queensland or your employer’s self-insurer (statutory time limits apply).
Consider consulting a workers compensation lawyer for statutory claim disputes/ rejections or to maximise any common law damages claim.
Public Liability Claims
The Civil Liability Act 2003 (Qld) covers impairments sustained in public places due to another party’s negligence. This could be a slip and fall at a shopping centre or a park.
What to Do:
Gather evidence like photos and witness statements from the scene.
Seek medical attention and keep medical records.
Inform the property owner or manager about the incident.
File a claim in the prescribed form with the at-fault party detailing the basis of that party’s fault/ responsibility and the details of your resulting injury and damage/ loss.
Consider engaging a public liability lawyer to deal with the technicalities and improve your prospects of achieving appropriate compensation.
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How Long Do You Have to Make a Claim?
In Queensland, the timeframe to make a claim is generally three years from the date of injury or your 18th birthday (whichever is the later date). Injuries sustained over a period of time also have special rules to determine the limitation period.
Further, the specific legislation applicable to the circumstances of your injury impose additional procedural requirements that must be completed prior to that three-year time limit (although there are technical legal steps which can be taken to preserve or prolong those time limits).
Accordingly, it is important to act promptly to ensure that you properly and fully exercise your rights within the applicable limitation period. Failure to do so may result in you losing part or all of your rights to claim compensation. Delays can affect the outcome. Consider consulting a lawyer to ascertain what your limitation period is and to ensure you meet all time deadlines.
Frequently Asked Questions
What should I do immediately after an incident?
What you should do immediately after an accident depends on the severity of your injuries and the type of accident you have been involved in. See our news pages on motor vehicle accident claims, workers compensation claims and public liability claims for additional information.
How long does it take to receive compensation?
The timeline can vary depending on the complexity of the case, the severity of the impairments, and the cooperation of the involved parties. If you engage with a personal injuries lawyer, they can provide you with a more accurate estimate based on your specific circumstances. Rin Kim Law offers an obligation-free consultation to review your case and circumstances and the likely timeframe if you were to lodge a claim.
Can I claim compensation if the incident was partially my fault?
Yes, you may still be eligible for compensation. However, the amount may be reduced based on the degree of your fault. This is known as contributory negligence.
What costs can be covered by my compensation claim?
Compensation can cover medical expenses, lost income, pain and suffering, and property damage. Specific entitlements will depend on the details of your case.
Do I need a lawyer to file a compensation claim?
While it’s possible to file a claim without legal assistance, having an experienced lawyer can significantly improve your chances of a successful outcome. They can navigate the complexities of the legal system, deal with insurers and other lawyers utilising their expertise and experience and ensure you receive appropriate compensation by reference to amounts recovered in similar cases/ circumstances.
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