How to Claim Product Liability Compensation
Not all injuries occur on work sites, on the road, or as the immediate result of an accident. One common exception is injuries arising from product defects. We look at the regime for product liability compensation in NSW and what to do if you’ve suffered an injury due to a faulty product, although intending claimants should always consult compensation lawyers in Sydney or in their local area for specific advice appropriate for your circumstances.
Defective Products
For defective product cases, the injury may have resulted from a manufacturing defect, a design defect, or even a failure to warn. Contaminated food products, defective exercise equipment, or a major design fault that causes an injury may be grounds for compensation.
Examples of defective products include:
- A faulty motor vehicle that fails safety standards and causes injury.
- A product that’s innocuous only by appearance but carries a failure to warn. For example, a plastic toy unsuitable for younger children.
- Defective electrical goods that are not properly wired.
- Common household products or goods that contain dangerous chemicals.
Compensation for Public Transport Injuries
Public transport accidents can happen whether you’re a passenger on a bus or train. Under the Transport Administration Act 1988 (NSW), individuals who experience an injury as a passenger on public transport can access compensation under the Motor Accidents Compensation Act 1999 (NSW). If you’ve experienced an injury as a passenger on public transport, you should consult a lawyer for specific advice as compensation lawyers in Sydney or your city can assist with maximise your claim amount.
Who Can Claim
The Motor Accidents Compensation Act 1999 (NSW) covers people injured in accidents, whether they’re operating or using a motor vehicle. The definition is broad and not only includes those who are involved in car accidents, but also those who sustain injuries as a result of accidents involving trucks, bicycles, motorcycles, and/or buses. Consequently, passengers and pedestrians, too, are able to claim.
What You Can Claim
Claiming Compensation for Slips or Falls
Whether at work, in a private residence, or on public property, those who have been injured due to a slip or fall can obtain compensation. In this article, we examine the major options for individuals who have been injured under any of these circumstances. It’s advisable to seek counsel quickly from compensation lawyers in Sydney or your local area for specific and accurate advice about your particular options for compensation.
Slips or Falls at Work
Under the OHS Act, employers have a duty to take reasonably practicable steps to ensure health and safety at work. They also have a further duty to ensure third parties on or near the workplace are protected from risks to health and safety.
If an employee suffers injury from a slip or fall at work, they may have two different avenues for receiving compensation. The first is under the NSW workers compensation scheme, which is a no ‘fault’ scheme. The second is under the common law as a negligence claim, which will require the demonstration of fault or negligence. The second option may provide entitlement amounts that are significantly higher than those available under the workers compensation scheme.
Quick Guide to Claiming for Pain and Suffering
Those who have been injured at work, due to someone else’s negligence, or in a motor vehicle accident are able to claim for pain and suffering. Many claimants are unaware that pain and suffering is usually a separate category of compensation to other compensation categories, for example, medical costs or wages forgone. If you have been injured and are seeking to claim for loss, it’s advisable to consult compensation lawyers in Sydney or in your local city as soon as possible for specific advice about your claim.
Claiming for Pain and Suffering under the Workers Compensation Scheme
Under s 67 of the Workers Compensation Act 1987 (NSW), those who have been injured at work can claim for compensation for pain and suffering. Note that this pain and suffering is defined as that which arises from permanent impairment and not directly from the injury itself. Further, injured workers may be eligible for a lump sum payment for pain and suffering in addition to a lump sum for the permanent impairment itself.
Understanding Time Limitations for Compensation Claims
Strict time limitations apply for compensation claims in most cases. Whether the claim relates to a motor vehicle accident, is a work injury, or a personal injury, use this guide for a quick overview of time requirements for bringing an action or lodging a claim, though it’s always best to seek advice from compensation lawyers in Sydney or in your state or territory for specific information on time limitations for your claim.
Motor Vehicle Accident Claims
In NSW, the Motor Accidents Authority is responsible for administering the Compulsory Third Party Scheme. Generally, a time limit of three years applies for making and settling a claim with the Motor Accidents Authority applies. However, in most cases, claim forms for motor vehicle accident personal injury claims are required to be submitted within six months of the accident.
If you’re claiming through a court, you’ll also have three years from the date of the accident to commence proceedings at a court, though it’s always best to initiate a claim or proceedings as soon as possible.
Compensation for Work from Home Injuries
With the wide availability of high speed internet and mobile technology solutions, it’s becoming more common for employees from work from home at least some of the time. According to the Australian Bureau of Statistics, as many as 6 per cent of workers have teleworking arrangements with their employer and choose to work from the comfort of their own home for at least some of their work hours. The work from home arrangement comes with its own implications for workers compensation. Here, we take a look at when and what if you claim if you suffer a work-related injury at home.
When Can You Claim?
First, if you do suffer an injury while working from home, a good starting point is to seek advice from compensation lawyers in Sydney or in your local area to ensure that you’re fully aware of all your options for obtaining compensation. It’s also important to inform your employer of the accident according to the regulations in your state or territory, and to seek medical treatment in a timely manner.
6 Strategies for Obtaining Maximum Entitlements from Insurers
For those who have experienced an injury at work, as a result of someone’s negligence, or due to a motor vehicle accident, it’s important to be aware of the full compensation entitlements available and to explore all available options. In addition to obtaining the advice of compensation lawyers in Sydney or your local area, we look at some of the other strategies you can undertake to obtain your maximum entitlements from insurers throughout all stages of the process.
1. Supporting Documentation
For any personal injury claim, preparing adequate supporting documentation is a critical component in ensuring that you’ll be provided with maximum entitlements. Evidentiary requirements can vary depending on what you’re claiming, your personal situation, and whether you’re claiming for personal injury resulting from someone’s negligence, workplace injury, or a motor vehicle-related injury. Where possible, obtain professional advice to make sure that your case is strongly made out in your claim.
2. Act within Time Limitation Periods
4 Costly Mistakes to Avoid in Your Compensation Claim
For most people who have been injured at work, in a motor vehicle accident, or due to some other party’s negligence, a key priority is to obtain rightful compensation to enable quick rehabilitation and recovery so they’re able to resume their life as soon as possible. While consulting compensation lawyers in Sydney or in your local area is the best way to proceed, knowing about some of the most common mistakes by compensation claimants can help you avoid costly errors.
1. Not Seeking Professional Advice
Compensation law is a specialised legal area that draws on a combination of knowledge about legislation, case law, and procedure. Many claimants who don’t seek professional advice end up losing thousands or even tens of thousands of dollars in compensation entitlements.
Further, while there are no time limitations for applying under compensation categories such as lump sum payments, in most cases, there’s a three year limitation on bringing your claim. This means you can lose your opportunity to obtain full compensation after the limitation dates.
A – Z Guide to Motor Vehicle Accident Compensation
If you’ve been injured in a traffic accident in New South Wales (‘NSW’), you may be eligible to claim compensation for costs arising from your injuries. The type of compensation available will depend on your injuries, your personal situation at the time of the accident, and who was at fault with respect to the accident. While compensation lawyers in Sydney or your city are the best source for specific and personalised advice about obtaining motor vehicle accident compensation, this quick and practical guide will help you understand the basic features of the motor vehicle accident compensation system in NSW.
Compensation for Motor Vehicle Accidents
Under the Compulsory Third Party (‘CTP’) scheme in NSW, every car must be insured through one of the five approved insurers. Compensation payments for motor vehicle accidents is funded through the CTP scheme’s premium payments. Under the CTP scheme, claims can be made by submitting an Accident Notification Form or a Personal Injury Claim Form through the NSW Motor Accidents Authority website.
Your Compensation Options if You’ve Been Injured at Work
If you have experienced a work-related injury or disease, you may be entitled to compensation under the Workers Compensation Scheme. Some of the compensation entitlements may be in the form of lump sum payments, medical costs, and other payment options. It’s important to obtain specific advice from compensation lawyers in Sydney or elsewhere about all the types of compensation for which you’re eligible.
The Scheme in NSW
Under the NSW scheme, most employers are required to have a workers compensation policy. The scheme is funded by the premiums paid by employers, which are then paid out to eligible workers for financial and medical compensation. The key thing to know about the scheme is that it’s a ‘no-fault’ scheme, which means negligence does not need to be proved to obtain compensation.
Categories of Compensation
The categories of compensation available to injured workers are as follows.