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FAQ's : Frequently Asked Questions
The most commonly asked questions in regards to personal injury compensation claims.
Find your answer here or still have a question? Contact us, call, email or chat live and we'll be glad to answer it for you.
Simply click 'read more' for the answer where applicable.
Q: What locations do you cover for my Personal Injury claim?
The Personal Injury Lawyers service all of Queensland, so if you have a Personal Injury claim anywhere in Queensland we can help.
Whether you live on the Gold Coast, in Brisbane, Rockhampton, Emerald, Mackay, Townsville, Mt Isa, Cairns, on the Sunshine Coast, Toowoomba, Gladstone, Longreach, Beenleigh, or in the Wide-Bay Region we have you covered.
In most cases you'll never need to come to our offices as most work is done online.
Contact us today for more information.
Q: How much compensation payout will I receive for my personal injury claim?
The amount of compensation you will receive for your injuries will depend on the extent of your injuries and how much your injuries have affected your pre-injury lifestyle, activities of daily living, and employment.
Whether your claim will be one worth pursuing, will depend on several factors...
Q: Will I have to visit your offices and take up lots of time just to get my claim underway?
Not at all. We know it's all about you, your time and your convenience, so we make it as quick, simple and easy as we can.
Most of the things we will send you will be online and no need for printers or lots of paperwork.
We do all the hard work so you don't have to, so you need never have to visit our offices, although you're welcome to at any time...
Q. What is the ISV Scale and what does it do?
The ISV Scale (Injury Scale Value) forms part of the Civil Liability Act 2003 (CLA), an Act that regulates the award of certain heads of damage in personal injury claims in Queensland.
The scale regulates the award for the Calculation of General Damages (Pain and Suffering)...
Q. What is duty of care?
Your medical provider, whether it is a medical practitioner, dentist, orthopaedic surgeon, neurosurgeon, psychiatrist or psychologist, medical specialist, physiotherapist, chiropractor, etc. owes you a duty of care when providing treatment...
Q: What is contributory negligence in a personal injury claim?
Contributory negligence is the term used in a personal injury claim when the actions of the injured party are alleged to have contributed to their injury occurring.
Read on for some examples and what else you need to know...
Q: Can I claim workers' compensation or damages if assaulted at work or on my way to or from work?
The answer is "yes" you can. If you are injured in the course of your work, whether it is by way of an assault or otherwise, you are entitled to claim workers' compensation for you work injury.
Your claim will be made against the workers' compensation insurer of your employer, which is normally, Workcover Queensland.
Read on to get the full picture and find out how you bring a claim for an injury...
Q: Can I claim workers' comp if injured in a car accident at work or on my way to or from work?
Yes you can. If you are involved in a motor vehicle accident, whether it is a car, motorcycle or truck accident, if it occurred in the course of your work, or on your way to or from your workplace, then you have a right to claim workers' compensation in relation to your accident injuries.
It is important you read more to understand 'abnormal risk' and 'journey claims'...
Q: What legal costs will I be charged for my personal injury claim?
The Personal Injury Lawyers are backed with a No Win No Fee guarantee.
This means that you don't pay us anything unless we win your case for you and you receive compensation or damages for your accident injuries.
We only receive payment at the end of your case, when your compensation is paid.
It is then that we prepare your final and only account, setting out our professional legal costs and outlays incurred in your claim.
Read on for more on how the process works...
Q: Are there lifetime care and support schemes for car accident and work injury victims in Queensland?
Queensland is part of the National Injury Insurance Scheme and the purpose of this scheme ensures 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.
It will also afford them the opportunity to participate as valued members of our community.
Read on to find out what is termed as a catastrophic injury...
Q: What is an offer of settlement in personal injury claims?
For those who have not been through a personal injury claim before, you may not be aware of what an "Offer of Settlement" is or what settlement negotiations are and what they mean to a claim.
Basically, settlement negotiations are where the parties try to reach a resolution of the claim between themselves by exchanging offers of settlement back and forth, until they reach a satisfactory settlement.
This can be a critical aspect so make sure you read more on negotiations...
Q: Why choose The Personal Injury Lawyers when pursuing injury compensation?
The Personal Injury Lawyers is a 100% personal injury law firm. Accident and injury compensation claims is all we do, day in, day out, all day, everyday and we pride ourselves on being experts in our field.
Awarded and accredited specialists we have helped so many over the decades, read on for more reasons why we are worth trusting...
Q: Was your motor vehicle accident on your way to or from work ? Then you have a right to workers' compensation.
Motor accident victims often have no idea that they have a right to claim workers' compensation.
Many times they are desperately in need of financial assistance as they cannot work and yet no one has told them about their statutory right to workers' compensation.
We give you the details you need to know...
Q: What is permanent impairment?
When a person suffers injury, the injury can result in long term problems. This is termed "permanent impairment".
Taking a person's body as being 100% functioning, a medical specialist appropriate to the area of injury (e.g. Orthopaedic surgeon assesses muscular and bone injuries), will assess what loss of function to the person's body as a whole has been sustained as a result of the injury.
It's important to know how this is assessed. Read on to get more details...
Q: How is past and future economic loss compensation calculated?
When a person sustains injury in a car accident or in the workplace or in any other type of accident due wholly or partly to the fault of another, and they bring a personal injury claim seeking compensation and damages for their injury, what our legal system does is try to, as much as reasonably possible, place that person into the position they were prior to sustaining their injury, via a compensation payment.
Let us explain more...
Q: Will my employer put me off if I make a claim?
Pursuant to specific provisions in the Workers' Compensation & Rehabilitation Act 2003, an employer cannot put an injured worker off because of his injury, whilst he is on workers' compensation benefits, for a period of 12 months.
However, it's essential to read more to ensure you know more about claiming, loss of income and more...
Q: Is my compensation or damages payment taxable?
No, your compensation and damages settlement payment or award is not taxable.
This means that you are not required to disclose your compensation or damages payment achieved from your personal injury claim, in your tax return when lodging it with the Australian Taxation Office.
Q: If I become Bankrupt will my compensation go to pay my creditors?
No it will not. Compensation that you receive from your personal injury claim does not form part of your estate in bankruptcy and therefore, the Trustee in Bankruptcy is not able to use any compensation or damages payments relating to your personal injury claim to meet debts owing under your Bankruptcy.
Q: What is whiplash and what treatment is best for whiplash injuries?
Whiplash is an injury that occurs due to acceleration and deceleration forces experienced at high velocities.
It's essential if you suffer from Whiplash to bring claims quickly as strict time limits apply. Keep reading for treatments and more information as Whiplash injuries can be sinister injuries causing real problems later on...
Q: What is the difference between a workers' compensation claim and a common law claim for damages?
In Queensland, a legislative scheme exists to assist workers injured in the course of their employment to achieve compensation for their injuries.
The purpose of the scheme is to ensure that injured workers in Queensland receive assistance with their medical bills and wages whilst they cannot work due to their injuries.
Read on to find out how this may affect you...
Q: If I go back to work after my injury will this hurt my claim?
When a person suffers injury, then more often than not their capacity to perform their work duties is affected.
Some people just cannot return to their usual work duties as a result, others can. Read on for our advice on what to do in this situation...
Q: Can I make a motor accident claim for injury if I was not licensed or my vehicle was not registered at the time of the accident?
If you were not at fault for the accident occurring, then you are not stopped from bringing a claim for your accident injuries because you were not licensed or your vehicle was not registered at the time of the accident.
You still have a claim against the driver of the vehicle, so maker sure you read more to found out your rights...
Q: What is CTP insurance?
CTP insurance is a reference to Compulsory Third Party insurance.
This insurance is compulsory for all motor vehicles being driven on roads in Queensland and is included in the annual registration costs for the vehicle.
Read more to find out how that insurance can play a part in your injury should you have one...
Q: Do injured workers in Queensland have to meet an impairment threshold to sue for Common Law Damages for work injury?
Yes, this is true but only for all work injuries occurring between the dates of 15 October 2013 to 30 January 2015.
For injuries occurring before or after this period no threshold applies.
Again, make sure you read the full answer, and get all the facts...
Q: What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
If you wish to sue your employer for your work injury in Queensland, you can only do so if you have received a Notice of Assessment from Workcover Queensland or the workers' compensation self-insurer.
This can get a little complicated so read on to find out more...
Q: Will all or most of my compensation or damages end up going to pay legal costs?
In Queensland there is legislation which prohibits your legal representatives from taking all or most of your compensation for legal costs, in personal injury claims run on a No Win No Fee basis.
Legislation has been put into place in Queensland so that you will always receive a fair amount of your damages.
Read more about the 50/50 Rule...
Q: Is it true that in some cases, you can lose your right to claim compensation within months of your motor vehicle accident?
Unfortunately, yes, this is true in some cases. These very strict time limits apply when you cannot identify the other vehicle that caused the motor vehicle accident.
Again lots more information to this, so read more ad we'll explain.
Q: When is a person considered "negligent" and therefore liable to pay compensation or damages?
When a Court looks at whether you have a claim for damages or compensation for injury caused by the negligence of another party, what it considers is whether that party by its actions, or its failure to take action, exposed you to a risk of sustaining injury, which could have been avoided by the exercise of reasonable care...
Q: Can I claim workers' compensation if I am an Independent Contractor?
In some cases, yes you can. Just because an employer calls you an Independent Contractor does not mean that you actually are considered to be such at law.
Make sure you read more to know your rights...
Q: What if I didn't get details of the vehicle that caused the accident - does this mean I can't claim for my injuries?
In some cases, yes you can. Just because an employer calls you an Independent Contractor does not mean that you actually are considered to be such at law - even if you have signed a contract stating this.
Q: If my friend was driving the vehicle, will they have to pay for my accident compensation if I bring a claim?
It is important to remember that, in respect of all car accident claims, it is the Compulsory Third Party Insurance company or the Nominal Defendant that will be compensating you for your personal injuries,
Q: Are there time limits for bringing a claim for injury compensation in Queensland?
Yes. In Queensland there are time limits that apply to making a claim for personal injuries.
The time limits are very strict so make sure you read more to find out the essentials...
Q. How will my Common Law Claim run and how long will it take?
Depending on the status of your injuries at the time of commencing your Common Law claim, a claim can take as little as 6 months to resolve, however there is more you need know...
Q: How do I bring a Common Law Claim for Damages for my work injury?
The Workers' Compensation & Rehabilitation Act 2003 and associated Regulations govern the procedural requirements for bringing and pursuing a Common Law Claim for Damages.
You might need our help navigating this, find out how we can help...
Q: Will my employer have to pay for my workers' compensation claim or my claim for Common Law Damages for my work injury?
A lot of workers are concerned that when they make a claim for workers' compensation or Common Law Damages for a work injury, their employer will have to pay for their claim.
We explain that it is not actually the case...
Q: What is a Common Law Claim for Damages?
When we talk about a Common Law Claim for damages, we are talking about what is more commonly recognised as a law suit - it is where you take legal action against a party for a negligent or wrongful act or omission which has caused you injury.
Find out more as to recovering damages for loss you may have suffered...
Q: What if I was injured whilst travelling to or from work or during a work break - can I make a workers’ compensation claim?
If you have sustained an injury whilst travelling to or from your workplace, or during a break at work, then you may have rights to claim...
Q: My workers' comp claim has finished but I cannot return to my job - what do I do?
The workers' compensation insurer is actually not obligated to get you back to work, yet many workers think that Workcover or the self-insurer is obligated to get you back to work after an injury.
Find out more about if you have a claim...
Q: I have received a Notice of Assessment at the end of my workers' comp claim and it talks about Lump Sum Offers - what do I do?
At the end of your workers' compensation claim, Workcover Queensland or the self-insurer may issue you with a Notice of Assessment. Read up what you need to do...
Q: When does my workers' compensation claim come to an end and what happens then?
Workcover Queensland or a self-insurer is only obliged to provide workers' compensation benefits to an injured worker until their work injury is stable and stationary.
However, let us explain more...
Q: What steps should I take if I am injured in a car accident or due to the negligence or wrongful act of another party?
Follow our six step checklist to ensure you are prepared should you be injured in a car acident or by anothert party...
Q: What steps should I take if I am injured at work?
Follow our six step checklist to ensure you are prepared should you be injured at work during a work trip...
Q: What injury compensation or damages am I entitled to claim for?
If you have sustained an injury at work, in a car accident or due to the negligence, or wrongful act or omission of another, you may be entitled to many different payments, irrespective of fault or responsibility...
Q: Do victims of terrorism have a right to claim injury compensation?
The answer to this question is on a simple level "yes". However, just like anyone who suffers injury or loss from such an event, what type of compensation you would be entitled to claim, would very much depend on the circumstances of the attack and those surrounding it.
A sensitive subject that requires further reading...
Get our accredited Lawyers to assess your claim for free. Get in touch today
If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation.
Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing.
Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.