If you have suffered a neck, spine, or spinal cord injury, it is important to understand your rights and the compensation process necessary to get the support you need.
The injuries mentioned above can result from various incidents or accidents, so the compensation process for each injury will depend on the incident and the parties involved. Therefore, it is essential to understand your rights and the compensation process to make the most of your compensation process.
The compensation for spine, neck, or cord injuries can be classified into several categories. Examples include:
Public Liability Claims
If you suffer a spinal, cord, or back injury due to someone else’s negligence, you can make a public liability claim.
For example, if you slip because of their fault and sustain a spinal injury, you may pursue a public liability claim.
These injuries can happen anywhere, in public places or on private property. The fundamental legal requirement for receiving public liability compensation is proving fault, or negligence, by the party responsible for the location where the accident occurred or the operator of the activity that caused the incident.
Compensation for Medical Negligence
If your injury resulted from a medical professional’s negligence, you can apply for a compensation claim against that medical professional. Medical professionals may be directly or indirectly responsible for your injury. An example of an indirect cause could be a misdiagnosis. A direct cause could be performing an incorrect surgical procedure.
Lifetime Care and Support Scheme
If the injury results in significant impairment, you may be eligible for support under specific schemes in some states, which provide lifetime care and assistance.
Workers’ Compensation
If you suffer neck, spine, or spinal cord injuries due to the negligence of your employer, at your workplace, or if your injury is work-related, you can claim workers’ compensation.
Employees who sustain a workplace injury are entitled to file a claim under their employer’s mandated insurance coverage. This will cover lost wages, medical and rehabilitation costs, and permanent impairment benefits.
This process guarantees that injured workers will receive the financial assistance they need to recover and cope with any long-term consequences of their injury.
Motor Vehicle Accident (MVA) Compensation
If your injury was caused by a motor vehicle accident, you can claim compensation through the relevant state or territory’s motor accident compensation scheme. This usually covers medical expenses, lost income, and rehabilitation costs.
The Injuries Act Scheme outlines the entitlements of individuals to compensation for motor vehicle accidents. Victims are entitled to reimbursement for their medical expenses, lost income, and emotional distress.
Notifying the police and sharing information are critical actions after an accident. The ACT government has a system linking number plates to insurance companies, so if the other party refuses to provide contact information, the injured person or a witness should note the number plate. After identifying the insurer, the claimant can file a claim using authorised forms.
Providing detailed information about the accident, including a police report number, is essential. Additionally, it is important for a doctor to complete a form outlining the injuries sustained. Following this procedure ensures injured individuals receive the compensation they are entitled to.
Read more: What can you do if a Workers’ Compensation Claim is denied?
Are you confused about how to claim any injuries you have surfaced? Let the expert lawyers at United Legal help you maximise your claim.
Contact us today for a free consultation. Call (02) 6295 2283 or email admin@unitedlegal.com.au. Scheduling an appointment is quick and easy. Seek the legal advice you need to ensure the best outcome for your TPD claim. We will help you secure a successful claim payout!
