If you are injured in a work or transport accident and you suffer from ongoing problems such as pain, restriction of movement or a limitation of activities then you may be entitled to make a claim for lump sum compensation (regardless of who is at fault).
A claim is made once your injury is stable. Your injury is generally considered stable when the treatment you are getting to assist in your recovery, such as surgery or rehabilitation, is completed.
Your lawyer will then get reports from your doctors and make an application to your insurer (WorkCover or Transport Accident Commission). You will also need to attend appointments with specialist medical doctors who will assess your percentage of impairment.
If you meet the percentage threshold, the insurer will make an offer/proposal to resolve your claim. The amount of compensation will depend on your percentage of impairment. For example, if you have an 11% impairment from a transport accident you would be entitled to $7,450. This amount increases for each additional percent above 11. WorkCover has different thresholds.
It is important at the time of receiving an offer to make sure that all of the effects of your injuries have been assessed. For example, if you have an injury to your knee that required you to have surgery, it is important that the scarring you have as a result of the surgery is also considered. Likewise, if you have suffered a psychological reaction because of the accident, there might be additional percentage that should be included. Your lawyer will compare the offer to the reports from your doctors and your instructions to make sure that all of your injuries have been included. They will also check that you have been offered the correct amount of compensation.
Once you accept an offer, you cannot make another no fault lump sum claim for this accident. You rights will continue to other no fault benefits, such as medical and like expenses and loss of earnings (unless the insurer has already made a decision to stop them). You may still also be able to make a common law damages claim for negligence.
In some cases, a claim must be made by the sixth year anniversary of your accident. Contact our office for more specific advice or to make a claim for lump sum compensation.
How can I learn more?
Jacinta Richards.
Principal Lawyer.
- Injury Law, Superannuation, TPD & IP
- 03 9890 3321
- Email Address: j.richards@robinsongill.com.au
Jacinta graduated with a Bachelor of Law from the University of New England in 2015. She completed her practical legal training at the College of Law and was admitted to practice in 2016.
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