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What steps should I take if I am injured at work, in a car accident or due to the negligence or wrongful act of another party?

If you are injured in the course of your work, in a car accident or due to the negligence or wrongful act or omission of another, there are SIX IMPORTANT STEPS to remember in each case:

In the case where you suffer a work injury

STEP 1  -        Report the injury to your employer as soon as possible and ensure that details of the incident of injury are accurately recorded by your employer. If possible, try to take photographs of the accident scene, any defective equipment (including make, model and the defect), or anything else you consider contributed to your injury occurring. Also, take down the names and contact details of any witnesses to the event as well as any workplace health and safety issues (ie. unsafe work system, workplace or equipment) which you consider caused or contributed to your work injury occurring. Retain copies of all reports and accident records.

STEP 2  -        You should also seek medical treatment for your work injury as soon as possible, so that your doctor can record your injuries and also, record how your injuries occurred. Be aware that you are quite entitled to see your own doctor - you are under no obligation to see a doctor at your employer's direction. Also, you will need a special Medical Certificate from your doctor to provide to Workcover Queensland for your Workers' Compensation claim, which your doctor should be aware of.

STEP 3  -        When you see your doctor, ensure you tell them all of the injuries you sustained in the work incident, no matter how minor, as well as how your injuries occurred. Try to be as accurate as possible so there is no confusion as to the cause of your injuries and what injuries you sustained, when you wish to later bring a claim. But be aware, doctors usually record what you tell them, so keep your comments to your doctor concise and accurate. Don't confuse them with information which may compromise any claim you may wish to make in the future.

STEP 4  -        If you are making application for workers' compensation claim for your work injury, you need to be careful to record all the injuries sustained in the work event and what caused those injuries. The workers' compensation insurer will rely on this document when assessing your entitlements to workers' compensation and also in any future Common Law claim, so you need to be concise and accurate in what you record in this document. Provide sufficient information to advise of all injuries sustained in the event and for the insurer to understand how those injuries were sustained, but don't confuse the insurer with unnecessary or irrelevant information which may end up compromising your claim. 

STEP 5  -        Remember, strict time limits apply to both making a claim for workers' compensation and damages in cases of work injury.

STEP 6  -        We would recommend that you contact The Personal Injury Lawyers on 1300 782 202 as soon as possible to ensure any claims you have as a result of your work injury are protected. Alternatively, you can submit one of our claim enquiry forms and we will contact you.

The case where you suffer personal injury from a motor vehicle accident

STEP 1  -   Immediately following the accident, you should call the Police to report the accident. If it is a minor collision with minor damage to vehicles, the Police will not attend the accident scene and you will need to attend at the Police Station in the area of the accident to make a report as soon as reasonably possible following the accident. Upon reporting to Police, ask them for the Traffic Incident Report number.

STEP 2 -   At the scene of the accident, if possible, record details of the location of the accident as well as the vehicles, drivers, passengers and witnesses involved, including:

    • Accident location – record the street address of the accident including the nearest intersection and details of anything in the surrounding area that contributed to the accident occurring (eg. gravel build up on the roadway or roadworks set up in the area); 
    • Other drivers  - names, contact and licence details, as well as any information provided by them as to how the accident occurred, and in particular, any admission of fault;
    • Vehicles - registration, colour, make and model  details (and ensure you record all vehicles involved); 
    • Passengers -  names, contact details, the vehicles they were passengers in, and any information provided by them as to what they witnessed; 
    • Witnesses  - names, contact details, where they were when they witnessed the accident, and any further information they may have as to what caused the accident (you may find it easier to record what they tell you on your mobile phone if this is available to you); 
    • What you recall as to how the accident happened, and the participation of each of the vehicles involved, so that you do not forget important details at a later date; 
    • It may be easier, and it is a good idea (if possible), to take photographs of the accident scene, the vehicles involved in the accident (including your vehicle damage), licences of drivers and registration plates of the other vehicles involved in the accident on your mobile phone; 
    • If you are badly injured in the accident, then you may not be able to obtain this information, however, in such case Police will be required to attend upon the accident scene and they will obtain all of this information for you. 

STEP 3  - You should seek medical treatment for the injuries sustained in the accident as soon as possible, so that your doctor can record your injuries and also, record how your injuries occurred.

STEP 4  - When you see your doctor, ensure you tell them all of the injuries you sustained in the accident, no matter how minor. Try to be as accurate as possible so there is no confusion as to the cause of your injuries and what injuries you sustained, when you wish to later bring a claim. But be aware, doctors usually record what you tell them, so keep your comments to your doctor concise and accurate. Don't confuse them with information which may compromise any future claim you may wish to make.

STEP 5  - Remember, there are strict time limits which apply to personal injury claims in Queensland and to giving notice of a motor accident claim.  If you miss these time limits you may lose you right to claim any compensation for your accident injuries.

STEP 6  -  Contact The Personal Injury Lawyers on 1300 782 202 as soon as possible to ensure any claim for compensation you might have as a result of the motor accident is protected. Alternatively, you can submit one of our claim enquiry forms and we will contact you.

The case where you suffer personal injury as a consequence of the negligence or wrongful act or ommission of another party

A.         If you suffer an injury due to the negligence or wrongful act or omission of another (eg. a slip and fall in a shopping centre or an accident at a party or injury caused by a defective product), there are SIX IMPORTANT STEPS you need to remember:

STEP 1 -   Immediately after the incident record details of what caused the incident, where it occurred and any witnesses to the incident, as follows:

    • Look for any evidence of what caused the accident to occur (eg. liquid spillage or debris on the floor surface causing a slip and fall, excessively slippery flooring, a trip hazard) so you can provide details of the cause of your accident; 
    • If possible, record details of any witnesses to the incident (names and contact details as well as any further information they might have as to what caused the incident). You may find it easier to record what they tell you on your mobile phone if this is available to you; 
    • You should make an accurate record of where the incident occurred. It is a good idea (if possible), to take photographs of the incident scene on your mobile phone; 
    • Take note of whether there is any CCTV coverage of the area where you fell, as there may be evidence of your fall on video. 

STEP 2 -   Report the incident to anyone in control of the area where the incident occurred as soon as possible after the incident. For example, if you fall in a store or shopping centre, advise a store attendant, shopping centre security or management of your fall so that they can complete an incident report of the event. It is advisable that you ask to view the incident report to ensure that it has detailed the incident accurately and you should also ask for a copy of the report. You should also ask about any CCTV footage of the incident and that it be retained if this is available.

STEP 3 -   You should seek medical treatment for the injuries sustained in the incident as soon as possible, so that your doctor can record your injuries and also, record how your injuries occurred.

STEP 4  - When you see your doctor, ensure you tell them all of the injuries you sustained in the accident, no matter how minor, as well as how your injuries occurred (you slipped on liquid spill at a shopping mall). Try to be as accurate as possible so there is no confusion as to the cause of your injuries and what injuries you sustained, when you wish to later bring a claim. But be aware, doctors usually record what you tell them, so keep your comments to your doctor concise and accurate. Don't confuse them with information which may compromise any future claim you may wish to make.

STEP 5  - Remember, there are strict time limits which apply to personal injury claims in Queensland and to giving notice of a public liability claim.  If you miss these time limits you may lose your right to claim any compensation whatsoever for your accident injuries.

STEP 6  -  Contact The Personal Injury Lawyers on 1300 782 202 as soon as possible to ensure any claim for compensation you might have as a result of a motor vehicle accident is protected.   Alternatively, you can submit one of our claim enquiry forms and we will contact you.

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