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DANGER ZONE: What to do if injured in public

Accidents can happen anywhere, anytime, anyplace, but what to do if injured in public?

As we slowly shift back to the new normal following lockdown and social distancing, public places such as parks, footpaths and shopping centres can be a proverbial danger zone when it comes to slip and trip hazards.

If you become injured through no fault of your own in a public place, you may be entitled to make a public liability claim.

Public liability accidents or personal injuries can occur on public or private property.

Slips, trips and falls

Examples of common scenarios for public liability claims include:

  • Slips, trips or falls in shopping centres, supermarkets and retail stores
  • Accidents in rental properties where the owner holds public liability insurance
  • Injuries sustained from government or council owned property including schools, playgrounds and carparks
  • Commercial property incidents
  • Animal attacks and physical assaults may also be covered for public liability

If you become injured while somewhere other than your place of employment or vehicle, you may be eligible for public liability.

Public liability enables you to pursue compensation to remedy injuries sustained from another party’s negligence or failure to take reasonable care; such as the property owner, local Council or other asset owner.

When duty of care to the public is breached through negligence, any injured party can seek compensation to cover expenses such as medical bills, ongoing care costs and lost income.

Who is responsible or liable for your incident can change dramatically based on the circumstances of your injury, so it is advisable to consult a compensation specialist law firm to see whether your personal injury is covered by the public liability scheme.

Before medical bills and lost wages begin to have a negative impact your life after your accident, the best way to proceed is to obtain legal advice from experienced public liability lawyers.

Evidence and proof

So, what proof of the accident will you need to provide to make a claim?

Some of the evidence compensation lawyers generally rely on for public liability claims include:

  • Witness details and information
  • Photographs of the accident
  • Photographs of your injury
  • Both medical and personal record

Are there any time limits for making Public Liability claims?

In Queensland, the time limit for making a public liability claim is three years.

That means all necessary legal steps to start the claim must be taken within three years of the incident occurring, failing which your claim may cease to exist, with little to no opportunity to claim retrospectively.

Given most claims are initiated shortly after the incident has taken place and are typically settled directly between the victim and the insurer of the responsible party promptly, this timeframe should not be an issue for most people making a claim.

What to do if injured in public?

Contact us at 1300 196 219 or get in touch online for a no-obligation chat and case assessment to see what possible action can be taken.

What to do if injured in public

Our team are extensively skilled compensation law experts who care about your outcome and help you to get your life back on track. Whatever your situation is – our legal team will assist you with managing your legal claims and simplifying the process for you

- Robert O’Neil - Director & Principal

Fighting back on Institutional Physical or Sexual Abuse

For good reason, it is a delicate subject, and one the legal system takes very seriously.

All children in the care of an institution or organisation have the right to protection and reasonable care at all times.

Where that care has been compromised, as compensation lawyers we feel we have a duty to our clients to seek justice and recover what they are entitled to.

While it is no panacea for the hurt caused, it is one important step in the healing process.

Change for good

Legislative changes took effect in March 2020 which saw the definition of abuse extend to include serious physical and psychological abuse, as well as sexual abuse.

These changes to the Civil Liability and Other Legislation Amendment Act 2019, brings Queensland in line with New South Wales and Victoria.

With amendments to The Limitation of Actions, the prior three-year limitation period that would have ordinarily applied to civil compensation claims for institutional physical or sexual abuse is waived.

Cases of child abuse can be historical, may have occurred more recently or could be currently happening to a child you know.

Institutional child sexual or physical abuse can take place in childhood education and care settings, public and private schools, care settings including residential, foster and kinship care services, sporting clubs and venues, faith-based and religious settings such as churches, mosques, synagogues, temples, and their associated activities, health-care and medical settings and situations, Government departments including child protection services, justice, health and social services, as well as military and defence forces.

What should you do if you expect an instance of institutional physical or sexual abuse is, or has, occurred?

If you suspect inappropriate conduct is currently taking place, advise the appropriate authorities, such as police, immediately.

If you believe abuse may have taken place in the past to yourself or someone you know, the best course of action is to relay the incident in confidence to a specialist in the compensation legal field who can advise on how to move forward.  

Anyone who has sustained injuries because of physical or sexual abuse may have the right to claim compensation from the institution responsible for providing care.

Psychological injury is recognised by law as a damage able to be claimed, and if you have suffered injuries including psychological injuries, you may be able to lodge a compensation claim.

Our specialist legal team have managed a range of institutional physical or sexual abuse claims with compassion, understanding and in confidence.

What do I need to do to make an Institutional Physical or Sexual Abuse Claim?

Institutional physical or sexual abuse claims navigate around a complex area of law, with certain evidence guidelines required.

Every claim is different, and the entitlements vary from case to case.

The best way for us to assess your claim is to meet with you to explore the elements of your claim and discuss what is possible to proceed in making an institutional physical or sexual abuse claim.

What can I claim for?

Physical or sexual abuse can leave a lifetime of trauma and emotional pain, increase risk of mental health issues and impact on all areas of your life including career and relationships.

When you make a claim for institutional physical or sexual abuse, we will help you recover what you are entitled to.

You may be able to claim for pain and suffering, lost past and future earnings (including your superannuation), past and future medical expenses, care that has been, or will be, provided by family and/or friends, as well as anticipated treatment or rehabilitation.

If you have any queries or want to learn more about the claim process, refer to our Frequently Asked Questions about physical or sexual abuse claims or reach out to us for a respectful, confidential conversation about your case.

While pursuing institutional physical or sexual abuse claims can be a sensitive and complex process, it is nonetheless a cathartic step towards recovery and can help you (or someone you know) accept you were not at fault for the abuse caused.

If this article has raised emotional or mental health issues, please phone Lifeline Australia on 13 11 14 or Beyond Blue on 1300 22 46 36.

Institutional Physical or Sexual Abuse
Our team are extensively skilled compensation law experts who care about your outcome and help you to get your life back on track. Whatever your situation is – our legal team will assist you with managing your legal claims and simplifying the process for you.

- Robert O’Neil - Director & Principal

Covering off on WorkCover Claims

An injury at work claim is your right in the event of an accident.

As most of us go about our daily commute to work, few would give a second thought to what could go wrong in our places of work, let alone the likelihood of being seriously injured (or worse) at work.

Unfortunately, for at least 95,000 Queensland workers, this is the grim reality each year. This is the number of claims lodged with the Queensland workers’ compensation scheme annually.
According to Queensland workers’ compensation scheme statistics 2018—19, approximately 77 per cent of lodgements are accepted, with 40 per cent of claims resulting in time off work.

Injury at the workplace does not appear to be isolated to one sector or industry, meaning no one is safe from workplace injury, as demonstrated by the claim rates (per 1,000 employed people) by industry in 2018-19:

  • wholesale trade (59.0)
  • construction (46.3)
  • public administration and safety (46.3)
  • agriculture, forestry, and fishing (44.7)
  • transport, postal and warehousing (42.8).

Statistics sourced from WorkSafe

What are the most common injuries sustained at the workplace?

Strain and sprain injury claims accounted for over a quarter (29.3 per cent) of all injuries lodged in 2018-19. Of these, the back was the major bodily location, accounting for 6.3 per cent of all lodgements.

Mesothelioma and asbestosis injuries experienced a 64.6 per cent increase in lodgements in one year, with 163 claims lodged in 2018-19.

Psychological and psychiatric injuries increased to 4,884 lodgements in 2018-19, up 10.9 per cent from the previous year.

If you have suffered an employment related injury within Queensland, you may be entitled to claim for WorkCover. 

I believe I have suffered an employment related injury. What should I do?

If you have experienced the following accidents and are concerned about your future ability to return to work, you need to immediately contact our team for advice.

  • Spinal Injuries
  • Head Trauma
  • Bone breaks or fractures
  • Soft Tissue injuries
  • Shock, anxiety, or depression
  • Respiratory Illness
  • Eye injuries
  • Injuries obtained from work travel
  • Pre-existing conditions that may have amplified from work related situations
  • Disease caused by work environments

Any employee that has been injured at their workplace are entitled to submit a WorkCover claim, including full-time, part-time, casual, permanent, and self-employed workers.

Even if you may think you are at fault for an accident, it is the employers’ duty to maintain a safe work environment, so negligence between two parties is possible.

It is important to know time limits do apply, and affected persons having up to six months to submit a claim form to WorkCover from the incident occurring.

It is your right to make an injury at work claim if you have been injured in the workplace.

What is involved in making an injury at work claim / WorkCover claim?

At ROC Legal, our role is to assist you in the process of making an injury at work claim and provide expert legal advice to assist you with your WorkCover claim.

There are two types of claims that can be made if you are injured at work. 

The first is a statutory claim which can be made regardless of fault.  The second is a common law claim in negligence in which you must prove fault against your employer.

WorkCover can assist with immediate medical expenses including surgery, any travel expense, rehabilitation costs and pharmaceutical costs, as well as provide a portion of your normal weekly salary while you recover.

ROC Legal are an experienced team of solicitors who provide expert advice on WorkCover claims and can best advise how to proceed. 

When you partner with the ROC Legal team, you are receiving years and years of professional experience to resolve your matter and quality representation to give you peace of mind.

What Should You Do in the Event of Experiencing Injuries at Work?

  • Seek legal advice on your situation
  • Ensure to keep a record of events, notes, medical records, and incident records
  • Maintain notes and witness testimonials
  • Seek professional medical care as soon as possible after the injury occurs

ROC Legal are no win no fee lawyers.  We only act for clients on a no win no fee basis.

This means that you only pay legal fees if you obtain a successful outcome in your matter and if not, you do not pay – no win no fee.

 

If you have been affected by anthing related to this article, or are looking or expert legal advice related to compensation claims you can get in touch with us with your questions and we will get right back to you.

injury at work claim
Our team are extensively skilled compensation law experts who care about your outcome and help you to get your life back on track. Whatever your situation is – our legal team will assist you with managing your legal claims and simplifying the process for you.

- Robert O’Neil - Director & Principal

A crash course in motor vehicle claims

A crash course in motor vehicle claims

Unfortunately, with so many of us dependent on vehicles getting us from A to B, particularly in regional areas where public transport can be non-existent, motor vehicle accidents are a grim reality.

The experience is traumatic enough; the last thing casualties of road accidents need is the financial and emotional stress of being unable to work, mounting medical and rehabilitation costs.

It is reassuring to know if you are injured in a motor vehicle accident and were not at fault, you may be eligible to lodge a compensation claim.

Do I have to be driving a car?

Motor vehicle claims can include any type of motor vehicle including cars, buses, trucks and motorbikes. 

Whether you were a driver, a passenger or a pedestrian in the incident, you may be able to claim for compensation. Plus, there may be different options available. 

Injuries sustained in a motor vehicle accident within the state of Queensland may be eligible for the following compensation claims: 

Compulsory Third Party (CTP) Claim 

Every motor vehicle owner has CTP insurance included in their registration expenses. 

There are three parties to CTP: 

  1. the owner/driver of the vehicle ‘at fault’ 
  2. the insurer (i.e. the elected insurance company) of the vehicle ‘at fault’ 
  3. the injured person 

CTP insurance will cover you for claims made against you by other road users such as drivers, passengers, pedestrians, cyclists, motorcyclists and pillion passengers. 

It is important to note CTP insurance only covers personal injury resulting from a motor vehicle accident and does not cover damage to property or other vehicles. 

For help regarding CTP insurance you can refer to the Quessnsland government site here

National Injury Insurance Scheme, Queensland (NIISQ) 

NIISQ is a no-fault scheme that provides necessary and reasonable lifetime treatment, care and support to those who sustain eligible serious personal injuries in a motor vehicle accident in Queensland. 

Treatment, care and support services include medical, dental and pharmaceutical treatment, rehabilitation, respite care, aids and appliances, prostheses, educational and vocational training, house modifications and ambulance transportation. 

You can find more information about the National Injury Insurance Scheme here

Common Law action 

Under common law you may have the right to sue an individual if their actions contributed to the injury you sustained.

I’ve been injured, now what?

First and foremost, take care of yourself and make sure you have adequately recovered from any immediate injuries.

It is important to understand your available compensation options. Our team can work through assessing the best option to proceed with your claim.

We take care of the ‘legal matters’ including lodging your claim and negotiating with insurers.

Our legal team can represent you during mediation or court hearings and will also negotiate your final settlement claim.

Plus, we only act for clients on a no win no fee basis.  This means that you only pay legal fees if you obtain a successful outcome in your matter and if not, you do not pay any legal fees associated with your claim.

Our motor vehicle accident lawyers are on hand to answer your questions and will work with you to offer support and guidance for your situation, standing by your side during what can be a potentially difficult time.

What compensation do I receive?

Ultimately the court decides on the level of compensation you are entitled to.

The judge will take into account factors including severity of injuries, what income you have lost, how this injury impacts on your future, what expenses have been allocated for rehabilitation and if you need future assistance with day to day tasks or domestic chores.

Working through a compensation claim can be tough. Having ROC Legal on your side makes the road less bumpy.

While we are a boutique firm who treats every client with respect, courtesy and care, we are big enough to be able to handle even the most complex of claims and compensation issues.

Get in touch with our legal team today to find out how to get started with your motor vehicle accident claims with our free consultation service.

motor vehicle claims
Our team are extensively skilled compensation law experts who care about your outcome and help you to get your life back on track. Whatever your situation is – our legal team will assist you with managing your legal claims and simplifying the process for you.

- Robert O’Neil - Director & Principal

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