Are there lifetime care and support schemes for car accident and work injury victims in Queensland?
In Queensland, there are time limits that apply to making a claim for personal injuries.
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If you have sustained serious injuries from a car accident or at work, we help you find a lifetime care & support scheme available for you in Queensland such as the National Injury Insurance Scheme (Queensland).
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.
As well as affording them the opportunity to participate as valued members of our community.
What are considered catastrophic injuries in the (NIIS) 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
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.
Only 50% of those who suffer serious injuries have any entitlement to compensation
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 came into effect for car accident victims on July 1st 2016
The Scheme rolled out on 1 July 2016 for 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 register-able motor vehicle, 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 NIIS in relation to work accident victims
Work is presently underway in respect to the other NIIS streams for those seriously injured in work accidents, through medical malpractice or from other accidents, which are yet to be implemented.
There is some indication that for those who suffer catastrophic injuries from work accidents, the scheme may also come into effect from 1 July 2016, although this is yet to be confirmed. We will keep you updated in this regard.
The (NDIS) 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 eligible 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.
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Remember, strict time limits apply to claims for most injury compensation in Queensland.
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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.
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