The Personal Injury Lawyers
NO WIN NO FEE, GUARANTEED
shards-minimal-good-for-heavy-text.jpg

What Injury Compensation Am I Entitled To?

Not sure what type of injury compensation you’re entitled to claim? Our personal injury lawyers can explain how the process works and give you an estimate of the damages you may be entitled to.

Home > FAQ > What injury compensation or damages am I entitled to claim for?

as Personal Injury Lawyers in Brisbane & The Gold Coast We Often Get Asked "What Can I Claim?"

That answer can be complex, as each personal injury compensation claim is unique to each person, so working out the range of compensation tailored just to your injury is a considerable task of legal analysis. However, to help ascertain the compensation you may receive, we've included further information below to help understand what is involved when filing a personal injury claim (personal injury lawsuit).

We've provided self help tools here on this page however, you're welcome to call us for a free personal injury case review and we'll be happy to help where we can. There is no cost or obligation.

Use The Personal Injury Lawyers Compensation Claim Checker™ and quickly see if you may be able to make a compensation claim, in just 30 seconds or less.

What Types Of Common Law Damages Can I Claim For 

These common law damages are made up of a number of elements or what we call, "Heads of Damage" which the Court allocates an amount of damages for each head of damage.These are as follows:

 General Damages

Also known as “damages for pain & suffering and loss of enjoyment of life”.

This element of your damages is for the pain and restriction you suffer because of your injuries, and how they have impacted upon your pre-injury lifestyle.

In Queensland, claims for general damages in personal injury compensation claims are generally governed by QLD legislation. This legislation stipulates limits that can be claimed according to the dominant injury suffered and the extent of injury.

 Loss Of Past And Future Income

If, because of your injuries, you have had to stop work, lost time from work or suffered some other loss of earning capacity, and you have sustained a loss of income due to this, then you are entitled to claim personal injury compensation for such loss.

And if it is likely that such loss of income is going to continue into the future because of your injuries, then you are also entitled to claim compensation for that future loss.

 Past And Future Medical And Rehabilitation Expenses

If you have incurred expenses for medical or rehabilitation treatment, pharmaceuticals, medical aids, ergonomic aids, vehicle or home modifications or any other reasonable out of pocket expense because of your injuries, then you are entitled to claim reimbursement for those expenses.

Similarly, if you are likely to incur these types of expenses in the future because of your injuries, then you are also entitled to claim an appropriate sum reflecting the cost of those future expenses.

 Gratuitous or Paid Care and Assistance

If, because of your injuries, you are unable to undertake daily tasks of daily living such as personal care, transportation or domestic duties (e.g. cleaning your home, doing laundry, caring for your lawns and garden or house maintenance), and you did those tasks yourself prior to your injury occurring, then you may be entitled to claim an amount of damages for the care provided to you.

The care can be provided to you by friends, neighbours or relatives, or you may have engaged paid services to undertake the tasks you could not perform yourself due to your injury.

Legislation in Queensland imposes threshold care requirements in cases of motor accident injury or in public liability claims, and there are increased restrictions on care claims when claiming for a work injury.

 Loss Of Past And Future Superannuation Benefits

If you have suffered past and future loss of income as a result of your injuries, then you are also entitled to claim for the loss of superannuation associated with such loss.

 Interest

Where you have suffered past monetary loss or incurred expenses due to your injuries, then generally at law you are entitled to claim the interest on those losses from the date they occurred to when your claim resolves.

In some cases, interest is also payable on past general damages. In most personal injury cases in Queensland, however, interest entitlements are governed by statute.

In addition to loss of interest, you are also entitled to claim for the loss of superannuation associated with such loss.

Due to what’s at stake here, namely your personal welfare and future livelihood, it’s essential to have experienced accident compensation lawyers fighting to get you the personal injury compensation you deserve.

How much compensation Will I get for my Personal injury Claim?

✔  Our Compensation Calculator gives a basic indication how much compensation you may be due in just three simple steps.

Find Out In 30 Seconds Or Less If You Have A Compensation Claim

Use our Compensation Claim Checker™ and see if you have a compensation claim in 30 seconds or less.

What Am I Entitled To Under Workers' Compensation Benefits 

If your injury occurred on the way to or from work, during work or in a work break, you may be entitled to Workers' Compensation Benefits (also known as Workcover Benefits or Statutory Benefits) including:

 Medical and Rehabilitation Expenses

This includes such things as the costs of seeing your GP or medical specialists, X-rays, MRIs, scans, physiotherapy, chiropractic treatment, acupuncture, massage, pharmaceuticals and medical aids such as crutches, wheelchairs, braces, supports, nursing care and domestic assistance etc.

 Wage Benefits

Payment of 85% of average base gross wage per week whilst unable to work and in some cases, workers are entitled to full payment of their lost wages where this is stipulated in Enterprise Bargaining Agreements.

 Other Benefits

This is the costs for travel to and from treatment and to purchase pharmaceuticals and aids etc.

 Lump Sum Compensation

This is at the end of a workers’ compensation claim, a worker can request their injuries be assessed for permanent impairment.

According to that impairment assessment, the injuries sustained in the work event, are allocated a sum of money by way of lump sum compensation for the work injury.

This offer will be contained in the Notice of Assessment.

These compensation amounts are usually very low and do not include any compensation for any income the worker has lost or will lose in the future due to their injuries, or any medical expenses they may incur in the future.

In most cases, if the worker takes the lump sum offer, then they cannot sue for their injuries and they can make no further workers’ compensation claims for that injury in the future. 

Read Real 5 ★★★★★ Client Google Reviews

✔  Read 5 star ★★★★★ real reviews from our clients across our Brisbane & Gold Coast Offices

✔  Unlike some firms, we don't get our staff, or pay people to leave fake reviews. 

✔  We believe our reviews, like us, are worth trusting

No Win No Fee Will Pay For All Outlays And Associated Expenses

✔  You've nothing to lose with our no win no fee guarantee, if we don't win, you don't pay our fees

✔  Our guarantee quickly pays for all outlays and associated claim expenses

✔  You get access to the help you need fast, and gets your rehabilitation underway

 

How Much Compensation Did Other People Get Awarded For Their Injuries?

✔  Understand more how much other people were awarded for their compensation claims

✔  See what similar injuries to your own have received in the past

✔  Read real examples of our Compensation Claim case studies

 Claims Have Time Limits

✔  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.