Accident Compensation – Know Your Rights
Life, more often than not, is a roller coaster. Ups and downs, joys and sorrows are a part and parcel of it.
If we could wish it away, accidents, injuries and deaths would not happen. Yet every day, scores of people suffer injury as a result of accidents. Such accidents may result in mild or severe injuries, or, at their worst, may result in fatalities.
Even though checks and balances are put in place, and rules and regulations followed, workplace injuries, car accidents and accidents at public places do happen.
Nobody has an accident by choice. And by nature, such instances are often through no fault of your own.
Therefore, if such an unfortunate incident was to happen in your life, you must know your legal rights regarding compensation in relation to such injuries. How to pursue and protect these rights is the second step of the same ladder.
First things first: Under the 1985 Australian Accident Compensation Law, which was updated during December of 2007, an individual who has an accident and is injured in the process is entitled to a good number of benefits.
These benefits may include some or all of the following: workers compensation, public liability insurance, medical indemnity cover, motor transport compensation, other self-insurance, and pooled arrangements.
To be eligible for this accident compensation, the accident must be categorized as either ‘no fault’ or ‘common law’. In case of the former, the circumstances in which the accident occurred are taken into consideration. Workplace and motor vehicle accidents, more often than not, fall into this category. Benefits are normally usually paid through statutory benefits in such cases.
For the common law scheme, the onus to prove that the accident occurred due to the negligence of a third party lies on the injured person. Since Australian public liability insurance is in harmony with the common law, citizens are eligible for some benefits at least.
Injury at the workplace also entitles one to compensation. Compensation in case of work related accidents is not restricted to physical injuries only.
Any injury that has occurred due to stress that can be attributed to the workplace, qualifies for compensation.
You may be entitled to work cover benefits, medical and rehabilitation expenses; lump sum compensation and common law damages if you suffer an injury at the work place.
Australian Law also provides for compensation benefits for accidents in public places such as dog attacks. Accidents such as slips and falls, accidents at private residences, at schools or in parks or playgrounds are also covered. Injuries that occur due to defective or faulty products also fall within the realm of public place accidents.
The important thing to bear in mind is that there is a time frame within which you can lodge the claim for compensation. If you miss these time lines, this may render the claim null and void.
At Accident Law, we have a team of expert personla injury lawyers who work on seeking accident compensation for individuals who have sustained accidents in public places.