Compensation for Public Transport Injuries

Published by Marshall & Gibson Lawyers on the 14 February 2012

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

The NSW Motor Accident Compensation scheme allows those who have suffered injury as the result of a motor accident to claim for a range of categories. These categories include pain and suffering, medical expenses, rehabilitation, and loss of wages.

Getting Advice about Maximising Your Claim

Many who experience injury as a result of riding on public transport are unaware of their full entitlements for compensation. If you’ve been injured in some way when using public transport, the best way to be certain about your entitlements is to seek professional advice from a lawyer who can provide an objective assessment for your case. Your legal representative can act on your behalf in negotiations, negotiate the best possible settlement, and help you put together a very strong claim with appropriate supporting evidence and documentation.

Depending on the specifics of your case, you may be able to claim any or all of the following:

  • Pain and suffering. You may be able to claim for any pain and suffering you suffer as a result of the accident.
  • Medical expenses. You’re eligible to claim medical expenses, including travel costs for treatment.
  • Special needs, home assistance, and rehabilitation. Special needs, such as modifications to your vehicle or home as arising from injuries can be claimed. You may also be able to claim for help at home and for rehabilitation costs.
  • Loss of wages or salary. Any time you spend away from work may result in loss of earnings for which you may be able to receive compensation.
  • Superannuation. Along with loss of wages or salary, you may be able to claim for loss of superannuation.

In addition, workers compensation may also be available for those who have sustained an injury in the course of travel for work, such as from your home to work, or from work to a work-mandated training course. In that case, it’s a good idea to seek the advice of compensation lawyers in Sydney (or your local area) who are also experienced with motor vehicle accidents to ensure that you’re claiming all your rightful entitlements under both schemes.

It’s also important to see a lawyer as soon as possible as strict time limitations for lodging claims apply in most cases.