New South Wales welcomes millions of visitors each year, from international tourists exploring Sydney’s icons to temporary visa holders working or studying across the state. But what happens if a visitor is injured during their stay? Can tourists or those on temporary visas make a personal injury claim in NSW?
What Is a Personal Injury Claim?
A personal injury claim is a legal process through which an injured person seeks compensation for physical, psychological or emotional harm suffered due to someone else’s negligence or wrongdoing. In NSW, common types of personal injury claims include:
- Motor vehicle accident claims
- Public liability claims (e.g., slips and falls)
- Medical negligence
- Workplace injuries
Claims are generally made under the Civil Liability Act 2002 (NSW) and other relevant legislation, depending on the context of the injury.
Depending on the type of claim and injury sustained, compensation may include:
- Medical and rehabilitation expenses
- Loss of earnings (including potential future earnings)
- Pain and suffering
- Care and assistance
- Travel expenses, including repatriation if required
Each claim is assessed on its individual facts, and engaging a legal professional ensures your rights are protected and maximised.
Eligibility for Tourists and Visa Holders
Australian personal injury law does not exclude non-citizens from seeking compensation. This means that:
- Tourists, including those on visitor visas (subclass 600), working holiday visas (subclass 417), or other temporary visas
- International students
- Temporary skilled workers (subclass 482 and others)
are all potentially eligible to make a personal injury claim if the injury occurred in NSW and was caused by another party’s negligence.
Your visa status does not prevent you from accessing compensation for injuries suffered in a motor vehicle accident, a public place, or due to unsafe practices.
Common Scenarios Where Claims Arise
- Motor Vehicle Accidents
If a tourist is injured as a pedestrian, passenger, or driver in a road accident in NSW, they may be entitled to claim through the Compulsory Third Party (CTP) insurance scheme. Under the Motor Accident Injuries Act 2017 (NSW), all road users — including overseas visitors — can claim benefits such as medical expenses and income support.
- Public Place Injuries
A slip and fall in a shopping centre, injury in a hotel, or accident in a tourist attraction could give rise to a public liability claim. These claims depend on whether the occupier or operator breached their duty of care.
- Workplace Injuries
Temporary visa holders employed in NSW are generally covered by workers compensation if they are injured during the course of employment. Employers are required to have insurance under the Workers Compensation Act 1987 (NSW), regardless of a worker’s visa status. Medical Negligence
If a tourist or visa holder suffers injury due to negligent medical treatment, they may be entitled to make a claim for damages.
What You Should Be Aware Of
Time limits
There are strict time limits for lodging a personal injury claim in NSW. For most claims:
- A claim must be commenced within three years of the date of injury.
- In some cases (such as motor accidents), early notification within 28 days or 6 months may be required for statutory benefits.
It’s essential for visitors to seek legal advice as soon as possible after an injury. Additionally, if a person has returned to their home country, they may still be able to proceed with a claim from overseas.
Visa Implications
Lodging a personal injury claim does not generally affect your visa status. The Australian legal system provides for equal access to justice, regardless of citizenship or visa class. However, if ongoing medical treatment or legal processes are required, individuals may need to extend their stay or make arrangements through their immigration lawyer to manage the claim remotely.
In some situations, a compensation claim may include costs for returning to Australia to attend medical assessments or court proceedings, if necessary.
What to Do If You’re Injured as a Tourist or Temporary Visitor
If you suffer an injury while visiting or temporarily living in NSW, it’s crucial to take the right steps early to protect your ability to make a personal injury claim.
- Seek immediate medical attention and ensure your injuries are properly documented.
- If the injury occurred in a public place or due to someone’s negligence, report the incident to the property owner, manager, or relevant authority — for example, a hotel manager or shopping centre security.
- Take photographs of the scene, your injuries, and any contributing factors (such as wet floors or broken equipment).
- Collect contact details of any witnesses, and keep copies of all medical reports, receipts, and correspondence.
- Contact a qualified personal injury lawyer as soon as possible to assess your eligibility to claim compensation under NSW law. Prompt legal advice can help preserve your rights and ensure all deadlines are met, even if you plan to leave the country.
At Law Advice Compensation Lawyers, we have experience assisting international clients and can help you navigate the legal system, even if you have returned home. We offer free initial consultations and operate on a no-win, no-fee basis for most personal injury matters.