First of all it strongly depends upon your personal case and circumstances, as well as your lawyers knowledge and experience, but in general, compensation is paid relative to the impact an injury or injuries, have on the injured party. Compensation payments are influenced by such things as the extent of injury sustained and the age, occupation and health of the injured party, at the time of the injury occurring, as well as their pre-injury lifestyle.
Every claim is different because injuries affect everyone in different ways. An orchestral pianist for instance is likely to suffer a greater loss of income from losing his little finger than a person who serves over the counter at a retail store, and therefore will receive greater compensation. In most cases, a younger person is likely to receive greater compensation than an older person for the same injury, because the younger person has longer to endure the injury and it will impact upon their lifestyle and employment for a longer period of time. A young mother with young children is likely to experience more difficulties due to her injuries than a person without children to care for and is likely to receive increased compensation due to this.
To give you an idea of what injury compensation payments are being made in Queensland, we can provide you with statistical data gathered by the Motor Accident Insurance Commission and data from the Workers' Compensation Regulator (formerly QComp), the regulatory bodies overseeing motor accident and work injury claims in Queensland in recent years:
Motor Accident Claims:
- There were 4731 motor accident claims in Qld in 2015 financial year (01/07/2014 to 30/06/2015);
- The average compensation payment for minor injuries was $69,365;
- The average compensation payment for moderate injuries was $139,938;
- The average compensation payment for serious injuries was $296,970;
- The average compensation payment for severe injuries was $519,058;
- The average compensation payment for critical injuries was $1,583,200.
- The average claim duration during the 2015 financial year was around 18 months.
Work Injury Claims:
- 4215 new Common Law claims brought by injured workers in Qld in 2014 financial year (01/07/13 to 30/06/2014);
- Average gross damages payment per claim was around $182,500;
- Where injury was rated at 0% impairment by Workcover - Common law payments averaged around $160,000 to $260,000 having regard to a cross section of claims published by the Regulator for the 2013 financial year;
- Where injury was rated at 5% to 10% impairment by Workcover - Common law payments averaged around $213,000 to $468,000, having regard to a cross section of claims published by the Regulator for the 2013 financial year;
- The average claim duration during the 2014 financial year was around 13 months.
Note that these are average payments only and every case is different. For example, The Personal Injury Lawyers case summary database provides the case where a worker achieved $1.052 million damages for an injury assessed by Workcover at 0% impairment - Austin v Parmalat Austraila Ltd (2013)QSC 227.
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