Our ability to drive a vehicle to get from A to B in a fast and efficient manner is a freedom most of us enjoy.
But even the safest of drivers are not guaranteed to arrive at their destination without incident. Once you have been involved in a motor vehicle accident in Perth, it can become difficult to know the right steps to take and what your rights are.
What is Third Party Insurance?
Third-Party Insurance is a type of insurance which is set up by the Insurance Commission of Western Australia (ICWA) which is a body of the State Government. The aim of ICWA is to provide compensation to people who are injured and unfortunately in some occasions die as a result of a motor vehicle accident.
The Third Party Insurance policy is contained within the registration premium of every licenced vehicle.
Who is Entitled to Claim?
To be successful in a motor vehicle accident claim you must prove that your injury, loss or damage was caused by the negligent driving of another person in a WA registered vehicle. If liability is determined then you may be entitled to compensation. However, in some circumstances, where you may have been partially responsible for the accident, you may still be entitled which can be apportioned for contributory negligence.
What are you Entitled to?
There are thresholds in place to limit the amount of compensation payable for general damages or pain and suffering which is dependent on each case, assessed as a percentage of the most extreme case.
Potential compensation entitlements may include all or some of the following:
- General damages – pain, suffering, loss of enjoyment of life (subject to thresholds);
- Out of pocket expenses for medical treatment and medications;
- Travelling or mileage expenses;
- Past and future economic loss, to include superannuation entitlements;
- Future medical treatment;
- Past and future care and assistance for domestic and household activities (subject to thresholds).
You must notify ICWA of the accident as soon as practicable. In addition, there is a three year limitation period in Western Australia from the date of the accident, during which time you must have settled your claim with ICWA or issued proceedings in Court. Therefore, it is imperative that you seek legal advice from a personal injury lawyer in Perth as soon as possible.
Getting injured at your workplace can be a distressing and often daunting experience. Our personal injury lawyers in Perth can help you get the compensation that you may be eligible for.
What is Workers’ Compensation?
Workers’ Compensation or ‘Workers’ Comp’ is a form of insurance payment to employees if they are injured at work or become sick due to their work. Employers in each state or territory have to take out workers’ compensation insurance in Perth to cover themselves and their employees.
Workers’ Compensation is a no-fault system. This means if you are injured at work, regardless of the circumstances, you may be entitled to Workers’ Compensation.
Who is Entitled to Claim?
Both employees and contractors are entitled to compensation for injuries, medical conditions or aggravations which have been caused by an accident at work. This may be the case even when the injury was caused by your own actions.
How does a Claim Work?
In Western Australia, injured workers have two potential claims arising from a workplace accident:
- Workers’ compensation claim against your employer or deemed employer for statutory entitlements;
- Common-law claim against a negligent employer or another negligent party.
The Workers’ Compensation system imposes strict deadlines for the above claims, namely the termination date, to potentially access common law, is generally 12 months from the date of the accident. Therefore, it is vitally important that you seek legal advice from a personal injury lawyer in Perth as soon as possible.
Whole Person Impairment
In order to access a Common Law claim, you must be assessed by an approved medical practitioner to have at least a 15% whole person impairment. If your Whole Person Impairment is less than 15% you may still be entitled to a Workers’ Compensation claim for statutory entitlements.
For more information see www.workcover.wa.gov.au.
Is someone else responsible for your injury? Our personal injury lawyers in Perth can help you pursue compensation for public liability.
What is Public Liability?
Often people are injured in public places by no fault of their own. These types of claims can include:-
- Slipping, tripping or falling in private premises including shopping centres, stores, carparks, private property;
- Being injured in a public place or council common area like parks, the beach, on footpaths, in car parks etc.; and
- Dog attacks causing injury.
Owners or occupiers of premises are expected by law to provide a certain level of care to the people they invite onto those premises.
Who can Claim?
In order to be entitled to potential compensation, you must be able to establish negligence against the property owner or occupier. The law on Public Liability claims can be difficult and there are many tests to be applied in order to qualify.
There is a three year limitation period in Western Australia from the date of the accident, during which time you must have settled your claim against the Defendant or issued proceedings in Court. Therefore, it is imperative that you seek legal advice from a personal injury lawyer in Perth as soon as possible.
Total Permanent Disability
TPD (Total Permanent Disability)
Superannuation is a compulsory entitlement paid by your employer into a nominated fund.
Depending on your superannuation policy, you may also have additional cover for TPD and/or income protection which you were not aware of.
If you are seriously injured or become unwell and are deemed totally and permanently disabled and unable to return to your employment then you may be entitled to a lump sum payment by your superannuation provider.
You may also be entitled to access regular payments for your inability to work under an income protection policy, which is often capped at a month maximum for a capped period of time. These types of payments can assist with monthly living expenses while you are recovering from your injuries.
You may have entitlements under a policy of insurance which sits outside of superannuation (ie you have taken out personal cover for TPD and income protection). In the circumstances where you believe you have a claim and the insurance company denies your claim or refuses to pay all or part of your entitlements, the insurance company may be in breach of their legal obligations. To find out more, call us with no obligation to proceed further.
Who can Claim?
It is important to obtain your current superannuation policy documents and seek legal advice as soon as possible to determine if you meet the criteria contained in your specific policy.
TPD and income protection claims are based on the contract or policy and therefore the usual timeframe in Western Australia to make a claim is 6 years from the date of incapacity. However, often this date can be unclear and therefore it is important to seek legal advice from a seasoned personal injury lawyer in Perth as soon as possible.
What is a Catastrophic Claim?
Unfortunately, some personal injury accidents are so serious that a claimant suffers from a catastrophic injury including paraplegia or quadriplegia or a brain injury for which they are permanent and severely disabled.
For these types of injuries, there are extra and significant entitlements available to a claimant and you need personal injury solicitors in Perth to make necessary decisions. In particular, for a claimant with a brain injury who may no longer have the capacity to make decisions related to their legal claim, special orders may be required to protect their interests. Furthermore, the claim process also varies from standard personal injury claims, in that any settlement must be compromised by a Registrar of the District Court and funds may then be managed by a guardian or trustee.
There is a three-year limitation period in Western Australia from the date of the accident during which time you must have settled your claim against the Defendant or issued proceedings in Court. Therefore, it is imperative that you seek legal advice as soon as possible.