Queensland will soon be part of the National Injury Insurance Scheme. The purpose of this scheme is to ensure that those who suffer catastrophic injury in motor vehicle accidents, workplace accidents, through medical negligence, or other forms of accident, will have the lifetime care and support necessary to improve their life and afford them the opportunity to participate as valued members of our community.
What are considered catastrophic injuries in the National Injury Insurance Scheme?
Those who will be entitled to make a claim under this scheme are injury victims who suffer:
- Traumatic Brain injuries
- Spinal cord injuries (mainly paraplegia & quadriplegia)
- Multiple amputation injuries
- Severe burns
- Permanent blindness
Entitlement to claim will be regardless of fault or age.
Under the Scheme, it will not matter who is at fault for the injury occurring. Presently, injury compensation claims are only possible where you have sustained an injury due to the negligence or wrongful act or omission of another. This will not be the case under the National Injury Insurance Scheme (NIIS). Under the Scheme, if you suffer a catastrophic injury in an accident, regardless of fault, you will be entitled to claim for medical treatment costs, care and support, over your lifetime.
This will fill a large void that presently exists for injury victims in Queensland. For example, under the current motor accident scheme, only 50% of those who suffer serious injuries in motor vehicle accidents have any entitlement to compensation. Under the NIIS, anyone who suffers spinal injury, brain injury, serious burns, multiple amputation injuries or permanent blindness in a car accident, whether the accident was due to their fault or not, will be entitled to compensation to assist them with their injuries.
The NIIS will be available to injured persons of all ages, whether the person injured is a child or an adult.
The NIIS will come into effect for car accident victims as from 1 July 2016
The Scheme will roll out as of 1 July 2016 in respect to those catastrophically injured in motor vehicle accidents. It will be a great relief to those who carry the burden for the support and care of relatives who are seriously injured in road accidents in Queensland but have no right to claim compensation or damages under the current CTP compensation scheme.
From 1 July 2016, if you are injured in a road traffic crash in Queensland, involving a registerable motor vehicle, regardless of fault or age, you will be eligible to receive lifetime care and support under the NIIS, which includes entitlement to:
- Medical treatment
- Rehabilitation treatment
- Prosthesis, aids and appliances
- Care, respite, attendant and domestic assistance
- Ambulance transportation
- Home and vehicle modifications
- Education and vocational training
The NIIS in relation to work accident victims
The National Disability Insurance Scheme
The National Disability Insurance Scheme (NDIS) is another way the Queensland government is hoping to make life better for those who already suffer catastrophic injury or disability, whether from an accident, medical condition, illness or congenital defect. It is anticipated that the scheme will be progressively implemented over the next 3 years, however, for those with significant and permanent disabilities under the age of 18 years living in the Townsville and Charters Towers local government area and all elligible people suffering significant and permanent disability living on Palm Island, the scheme will commence from 1 July 2016.
Accident injury compensation at common law will not be affected by the NIIS or NDIS
Introduction of the NIIS or NDIS will not affect a persons right in Queensland to seek damages or compensation for injuries sustained in a car accident, in a workplace accident, through medical malpractice or the negligent or wrongful act or omission of another person. If you have sustained an injury because of the fault of another, whether wholly or partially, you will still have the right to bring a claim for compensation or damages against the wrongful party. The NIIS and NDIS schemes have been introduced to provide some assistance to those who do not have that right and who suffer catastrophic injury.
Do you have a right to claim accident injury compensation or damages?
If you are wondering whether you have a right to claim accident compensation or damages for an injury you have sustained, contact us at The Personal Injury Lawyers. We have lawyers expert in personal injury claims and all aspects of injury and accident compensation. The law of personal injuries in Queensland can be quite complex and you should seek expert legal advice and legal representation to guide you through the injury compensation process, to ensure that your claim is protected and you receive all your compensation entitlements.
The Personal Injury Lawyers specialise in personal injury claims. That is all we do. If you need advice about an injury you have sustained, contact us on 1300 782 202 or submit one of our FREE instant claim assessment forms via the following link, Free Appraisal Form, and we will provide you with Free Legal Advice as to whether you have a claim to pursue.
Please be aware however that STRICT TIME LIMITS APPLY to personal injury claims in Queensland, so you should not delay in contacting us. If you leave it too late, you may lose your right to claim.
The Personal Injury Lawyers Brisbane
The Personal Injury Lawyers (TPIL) have head offices in Brisbane situated at level 5, 239 George Street, Brisbane, in the heart of the city. For more information about how to get to our Brisbane offices or where to park, go to our Contact Us page. And if you are unable to attend at our offices due to your injuries, we can come to you via home or hospital visits. Your initial consultation is completely FREE, is without any obligation, and is 100% confidential. And to learn more about TPIL's Brisbane offices, go to our webpage at: The Brisbane Personal Injury Lawyers .
The Personal Injury Lawyers Gold Coast
TPIL also have head offices on the Gold Coast situate in the heart of the Gold Coast at level 6, 33 Elkhorn Avenue, Surfers Paradise. For more information about how to get to our Gold Coast offices or where to park, go to our Contact Us page. Again, if you are unable to attend at our offices due to your injuries, you can request a home or hospital visit so we can discuss your case with you. And remember, your initial consultation is completley FREE, totally confidential and without obligation. To find out more about TPIL's Gold Coast offices, go to our webpage at: The Gold Coast Personal Injury Lawyers.
TPIL service all of Queensland and handle motor accident claims in NSW
TPIL also have satellite offices throughout Queensland, including, Beenleigh, Sunshine Coast, Toowoomba, Wide Bay Burnett region, Gladstone, Rockhampton, Emerald, Longreach, Dysart, Mackay, Slade Point, Moranbah, Townsville, Mt Isa and Cairns.
We also undertake car accident claims in New South Wales including, car, truck, motorcycle, bicycle and pedestrian accidents. Our offices in Sydney are situated in Governor Phillip Tower, 1 Farrer Street, Sydney.
To contact us at any of these locations, please call us on 1300 782 202.
TPIL are a No Win No Fee personal injury law firm
We are proud to offer our services on a No Win No Fee basis. This means that we don't charge you anything if we don't achieve a compensation payment for you. For more information about our No Win No Fee injury claim service, go to our Our Services page.
More information about Queensland's lifetime care and support schemes
If you would like to learn more about the lifetime care and support no fault schemes being introduced in Queensland, go to the following links: