How to Avoid Paying for Others’ Negligence

Published by Marshall & Gibson Lawyers on the 09 December 2011

Whether it’s at work, in a road accident, or in some other situation, you can avoid having to pay for the negligence of other parties. Although it’s best to seek professional advice from compensation lawyers in Sydney or in your state or territory, this article provide a quick overview of some of the latest statistics and how Australia’s compensation scheme can benefit those who have suffered personal injury and are seeking compensation.

At Work

If your employer is uninsured or if you can’t find your employer’s insurer, you can still claim for workers’ compensation through WorkCover. In NSW, the Uninsured Liabilities – Agent scheme is administered by the WorkCover Authority of NSW. According to SafeWork Australia, there were over 134,000 workers’ compensation claims for serious work-related injuries or illnesses in the 2007/08 year, or around 13.8 serious claims for every 1000 employees.

  • The figure for 2008/09 indicates that there has been an improvement for these work injury types, with around 13.0 claims for every 1000 employees.
  • Labourers and related workers tended to experience higher claim rates, with agriculture, forestry & fishing, transport & storage, and manufacturing being the most common industries.
  • The study revealed that more serious claims tended to involve around four weeks absence from work.

The Uninsured Liabilities – Agent scheme for the New South Wales WorkCover Scheme allows workers to access benefits under the Workers Compensation Act 1987 (NSW). The worker must:

  • Have suffered a compensable injury; and
  • Must have an employer who is not insured and is not a self-insurer; or
  • Be unable to identify their employer’s insurer after careful searching.

WorkCover will then verify your claims relating to your employer and the relevant injury. The compensation is paid through a nominal insurer, which stands in the shoes of the employer of the injured worker.

Motor Vehicle Accidents

The most conservative estimates suggest that motor vehicle accidents cost around $17 billion in Australia each year. Whether you were a driver, a passenger, a bicycle rider, or even a passenger on a bus, you can bring a claim for injury if you suffered the injury or a loss as a result of a motor vehicle accident.

For the persons injured, compensation is available for medical bills, pain and suffering, loss of superannuation, medical and rehabilitation expenses, as well as other special needs.

Many claimants, however, are unaware of their right to compensation other than for medical expenses. It’s useful to remember that personal injuries and workers compensation lawyers in Sydney or elsewhere in Australia can assist with helping you obtain adequate compensation.

Negligence

Negligence claims can be bought against the negligence of others. For example, if you were injured in a public space or a private home due to negligence, you can obtain compensation for a range of issues. These can cover pain and suffering, loss of work time, and medical expenses.

Some actions for negligence have strict time limitations under the law, which means claimants should try and bring it to court with the set period of time. Your personal injury lawyer can assist you on bring your claim within the required time frame.