Compensation claims are complex and often difficult to understand. To help understand them a little better below are five of the most common types of compensation claims and an explanation of what they might entail:
Workers Compensation Claims
Workers compensation entitles workers to claim support benefits for any illness or injury caused in the course of their work such as back injuries, illness from exposure to toxins, injuries from accidents, mental and psychological injury. The severity of the illness will determine the benefits that the injured party is eligible to claim.
The majority of workers compensation claims will be eligible to receive:
- Benefits for lost income,
- Reimbursement for medical expenses,
- Reimbursement for related costs like travel expenses and domestic assistance incurred as a result of the injury or illness.
If the injury or illness is severe, resulting in permanent impairment then the worker may be entitled to claim a lump sum compensation payout. If the injury was caused due to the negligence of the employer and the injury caused over 15% permanent impairment then they may be able to sue for work injury damages.
Total & Permanent Disability Insurance
Total and permanent disability insurance is insurance intended to provide you with support if you are permanently unable to work due to an injury or illness. This insurance is normally bundled in with your superannuation account but can also be taken out separately. Total and permanent disability is defined differently by different insurers but generally related to losing a significant part of your whole person function like paralysis, loss of a limb, loss of sight or loss of hearing. If this condition is found to stop you from being able to engage in paid work either in your occupation or in any occupation for which you have the required skill set, training, experience or education then you may be eligible to receive a lump sum payout from your TPD insurance scheme.
Medical Negligence Claims
Medical negligence is generally defined as when a medical professional is negligent in their duty of care to their patient and fails to take reasonable steps to prevent loss or injury. This could be misdiagnosis, failure to diagnose, delayed diagnosis, medication errors, childbirth mistakes, hospital-acquired infections or surgical errors. If this was caused by the medical professional breaching their duty of care to the patient then they may be eligible to seek compensation as a result.
Motor Vehicle Compensation Claims
If you have been injured in a motor accident you may be eligible to claim several benefits, some payable regardless of fault, and some payable subject to proving that the owner or driver of another vehicle was wholly or partly at fault. Broadly speaking, you may be entitled to statutory benefits up to 6 months, and beyond 6 months as well as a common law lump sum damages claim if you meet the definition of “non-minor” injury.
Public Liability Compensation Claims
A person is eligible to make a public liability compensation claim if they have suffered physical or psychological injury due to the negligence of someone owing them a duty of care. This could be a wide variety of things including: slipping on a wet surface in a public place like a shopping centre, sustaining a physical injury from an obstruction or broken facility, injuries from hazards like chemicals, illness from a restaurant like food poisoning, and even assaults or injuries from pets. If the injury was significant and it can be proven that it was caused by the negligence of someone who has a duty of care to the affected person then the claimant would likely have a case for a public liability compensation claim.