Are there lifetime care and support schemes for car accident and work injury victims in Queensland?
In Queensland, yes, there are time limits that apply to making a claim for personal injuries. If you have sustained serious injuries from a car accident, or at work, we can help you find a lifetime care and support scheme available for you in Queensland, such as the National Injury Insurance Scheme (Queensland), also referred to as the NIIS.
The purpose of this scheme is to ensure that those who suffer catastrophic injury in motor vehicle and workplace accidents will have the lifetime care and support necessary to improve their life.
What are catastrophic injuries in the National Injury Insurance Scheme (NIIS)?
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 and quadriplegia)
Multiple amputation injuries
Entitlement to claim will be regardless of fault or age
Under the Scheme, it does not matter who was at fault for the injury occurring.
Prior to the NIIS, injury compensation claims were only possible in Queensland when the injury sustained was due to the negligence or wrongful act or omission of another.
This is now not the case under the National Injury Insurance Scheme (NIIS). Under the Scheme, if you suffer a catastrophic injury in a motor vehicle or workplace accident, regardless of fault, you will be entitled to claim for medical treatment costs and care and support, over your lifetime.
The NIIS fills a large void that previously existed for injury victims in Queensland.
Only 50% of those who suffered serious injuries Had any entitlement to compensation
For example, under the previous motor accident scheme, only 50% of those who suffer serious injuries in motor vehicle accidents had 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 is available to injured persons of all ages, whether the person injured is a child or an adult.
The NIIS came into effect for car accident and workplace injury victims on 1st July 2016
The Scheme rolled out on 1 July 2016 for those catastrophically injured in motor vehicle and workplace accidents.
It will be a great relief to those who would otherwise 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 previous CTP and workers' compensation schemes.
Since 1 July 2016, if you are injured in a road traffic crash or workplace incident in Queensland, regardless of fault or age, you will be eligible to receive lifetime care and support under the NIIS, which includes entitlement to:
Prosthesis, aids and appliances
Care, respite, attendant and domestic assistance
Home and vehicle modifications
Education and vocational training
The National Disability Insurance Scheme (NDIS)
The National Disability Insurance Scheme (NDIS) is another way the 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 eligible people suffering significant and permanent disability living on Palm Island, the scheme commenced 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.
✔ There is only a small window in which you can make compensation claims in Queensland
✔ Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing
✔ Just press the button below, there is no cost, and no obligation to review your case