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Need to figure out if you are eligible for compensation for permanent impairment? Take a look at different types of injuries and how legal aid can help.

Compensation for permanent impairment

Accidents occur suddenly and unexpectedly and might result in rough times.  An accident due to someone else’s recklessness is likely to put you in a dangerous position to suffer financially and psychologically. Thankfully in Australia, you may be entitled to compensation to lessen the burden on you and ease your pain. 

Permanent impairment may arise out of the negligence of another person and decrease one’s capability to perform daily tasks and the capacity to earn. The compensation you may receive will play a critical role in your future financial safety. Therefore, if you ever claim compensation, it is strongly suggested to let a professional handle the situation.

If your injuries arose in your workplace or related to your work, you may claim workers compensation while if your injuries occurred due to someone else’s negligence, depending on the situation, you may claim and be awarded public liability compensation.

Injuries caused by negligence

In public places or properties, service providers should maintain standards to prevent any risks that might lead to harm to their customers or clients. 

If their duties are breached due to ignoring foreseeable risks, public liability compensation can be claimed in case of an accident. Restaurants, pubs, nightclubs, playgrounds, shopping centers and even public transports are subject to public liability cases if the carelessness led to physical or mental harm. 

Loss of income, medical expenditures and lump sum payment may be awarded to ease the suffering of the claimant. Please note, lump-sum compensation for pain & suffering can be awarded if the severity of the non-economic loss is at least 15% of the most extreme case.

However, in work-related accidents, negligence does not have to be established to be able to claim. Workers’ compensation is based on a no-fault scheme; therefore, injured or ill workers can make claims without needing to prove negligence. On the other hand, if the employer ignored to take precautions that might foreseeably lead to injuries, the employer can also be sued for ‘’work injury damages’’. 

For workers compensation cases, the injured workers may be awarded weekly payments based on their earnings prior to the accident, medical expenses including personal care services, and lump sum payment if the physical injuries resulted in permanent impairment with a degree of 11% or greater. Lump-sum payment can also be awarded to those suffering primary psychological injuries with a degree of 15% or more.

In motor accident compensation claims, the degree of faultiness makes a significant impact on what can be claimed. Lump-sum payment cannot be awarded to those who were at fault. However, the statutory benefits may be received for 6 months regardless of the degree of faultiness. These benefits include income support payments and medical expenses. 

For motor vehicle accident injuries resulting in permanent impairment, lump-sum payment may be awarded for both physical and psychological injuries. For pain & suffering, lump-sum compensation may be awarded for more than 10% permanent impairment while for physical injuries, there is no minimum threshold requirement specified. 

Legal aid for personal injury cases

Lawyers specializing in personal injury compensation claims are experts of their professions, therefore, offering their services on a no win no fee basis. No win no fee is a guarantee given to you by the legal representative meaning nothing will be charged to you if the case is lost. 

The advantages of working with a lawyer are very significant since individual representations are likely to end up with under-compensation due to lack of knowledge. Your lawyer will make you aware of your entitlements and push their limits to help you to be compensated with the best amount possible.

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