Coutts Guide toInjury Compensation

2 WORKERS COMPENSATION & WORK INJURY

2 DUST DISEASE CLAIMS / ASBESTOS EXPOSURE

3 MOTOR VEHICLE ACCIDENTS

3 PUBLIC LIABILITY COMPENSATION CLAIMS

3 PRODUCT DEFECTS

4 MEDICAL NEGLIGENCE

4 SUPERANNUATION TPD & DEATH CLAIMS

5 MAKING A CLAIM

5 PAIN AND SUFFERING

5 PAST AND FUTURE FINANCIAL LOSS

5 PAST AND FUTURE MEDICAL TREATMENT EXPENSES

5 PAST AND FUTURE ASSISTANCE NEEDS

6 TIME RESTRAINTS ON MAKING A CLAIM

7 VICTIMS COMPENSATION

Contents

Coutts has a strong team of dedicated personal injury lawyers who have the experience, compassion and expertise to help you get the best outcome possible in your personal injury claim. We can help you navigate the complex area of personal injury law with confidence that your compensation and wellbeing is our highest priority.

Karena Nicholls

Head of Injury Compensation Team

Partner

Mai O’ReganParalegal

Liability limited by a scheme approved under Professional Standards Legislation.

Brianna EllulParalegal

YourInjury

CompensationExperts

Click on our team to read their bio!

At Coutts, we understand the

devastating impact personal injuries

can have, not only in a physical

capacity, but also your emotional,

mental and financial well-being also.

We assist people who have suffered

with a physical or psychological injury

arising from a work injury, asbestos

exposure or other dust diseases, an

injury obtained in a public space,

through a defective product or by

medical negligenceand are able to

assist you in any superannuation or

TPDclaim.

We have a NO WIN NO FEE policy for

our compensation clients. We treat

each matter uniquely and provide

individuals with a FREE CASE

ASSESSMENT. We will always keep

you up-to-date on your matter with

our 24-HOUR RESPONSE TIME, we

understand that when an injury has

been sustained commuting can be

hard, so WE COMMUTE TO YOU and

we are committed to ensuring the

team assigned to your matter is with

you for its entire duration.

NO WIN NO FEE

FREE CASE ASSESSMENT

24-HOUR RESPONSE TIME

WE COMMUTE TO YOU

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WORKERS COMPENSATION & WORK INJURY

Workers compensation is a form of insurance payment to

employees if they have suffered an injury or developed a

disease at their workplace.The Workers Compensation Act

protects you from any financial loss that your injury or disease

has caused, we can assist you in claiming:

Weekly payments to cover loss of income;

Lump sum compensation for damages arising from the

injury or disease; and

Treating expenses including; reimbursement for any

medical expenses or rehabilitation and travel expenses

incurred going to and from treatment providers.

If the employer is believed to have been negligent, then the

employee may be eligible to claim for common law damages.

Claims against the employer in negligence give you different

benefits including superannuation that is not payable under

the Workers Compensation Act. Further, if you work on a host

site you may be able to make two separate claims.

DUST DISEASE CLAIMS / ASBESTOS EXPOSURE

Being exposed at work(in NSW) to dust such as

asbestos or silica can cause a disease such as

mesothelioma, asbestosis or a related disease, you

may be entitled to be compensated by the Dust

Disease Board of NSW. You may also be entitled

to claim under the common law if you are able to

prove your employer was negligent. Other persons

who have been exposed may also have a claim

even if it is not work related.

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MOTOR VEHICLE ACCIDENTS

Motor vehicle accidents includescars, drivers, passengers,

pedestrians and cyclists. A vehicle can also include forklifts,

trailers, farm equipment or accidents that are blameless.

We manage compensation claims for all types of personal injury

resulting from motor vehicle accidents including; spinal injury,

head injury, fracture, whiplash, soft tissue and eye injury as well

as shock, anxiety and depression.

As of 1 December 2017,any person, including at-fault drivers,

are able to make a claim for statutory benefits if they have been

injured in a motor vehicle accident.However, you are excluded

from making a claim if:

The vehicle of the at-fault driver is uninsured;

a serious driving offence was committed by the injured

party; and

if workers’ compensation is payable instead.

PRODUCT DEFECTS

Where a manufacturer, distributor or company has supplied or

sold a product with inadequate warnings, faulty, dangerous, or

unfit for its intended purpose. For example:

Car accidents caused by a defective part;

Injury caused through a faulty electrical or electronical

appliance or product;

Injury caused by defective equipment or product;

Injury to children caused by faulty toys or products; and

Injury suffered from products used either on or in the

body.

PUBLIC LIABILITY COMPENSATION CLAIMS

A Public liability compensation claim covers anyone who has been injured in a public place or private

building, whether due to negligence or a deliberate act, such as:

Trips, slips and falls;

Injuries obtained from an animal; and

Sporting injuries.

3

MEDICAL NEGLIGENCE

In order to prove medical negligence, it must be shown that the treatment received from the health

provider was below the standard level of care and skill

that another professional would have provided in the same circumstances. Some examples of medical

negligence include:

Incompetent treatment, including surgery;

Incompetent post-operative care;

Incompetent prescription and monitoring of medication;

Failure to treat your condition in a timely manner; and

Delay in the diagnosis of your condition.

SUPERANNUATION TPD & DEATH CLAIMS

If a person has suffered an injury which prevents them from working or returning to work in the same

capacity, then a claim may be made against their superannuation or insurance policy. A person may

also be eligible to claim a death benefit if they have lost a loved one. Superannuation, Total Permanent

Disability (TPD) and Death claims do not have to be work related.

4

If you have a physical or psychological injury due to any of the above, you may be entitled to make a

claim for:

PAIN AND SUFFERING

Where you have endured any pain, trauma or restriction because of your injury. This takes into

consideration incapacity to work, loss of function, effects on daily life, relationships and quality of life.

PAST AND FUTURE FINANCIAL LOSS

Where you have suffered a loss of income, business or earning capacity due to your injury, as well as,

if it is likely that you may continue to experience this loss of income in the future. You may be able to

claim superannuation depending on the claim.

PAST AND FUTURE MEDICAL TREATMENT EXPENSES

Where you have incurred or are likely to incur expenses for medical or treatment due to your injury,

such as; rehabilitation, medication, vehicle or home modifications expenses.

PAST AND FUTURE ASSISTANCE NEEDS

Where you are unable to undertake daily tasks in which you would have performed prior to your

injury and as such, now require someone to perform those duties for you, for example, personal care,

transportation or domestic duties.

5

MAKING AClaim

There are time frames that operate depending on the type of matter. You must act within those time

frames to avoid missing out on your entitlements. The below table provides you with the time restraints

on making a claim.

Note: this is not legal advice and timeframes are subject to change or exemptions may apply, so it is

best to seek legal advice.

6

TIME RESTRAINTS ON Making a Claim

Nature of Claim Time Restraint

Workers Compensation within 6 months

Dust Disease Unlimited

Asbestos Exposure Unlimited

Motor Vehicle within 3 months

Public Liability within 3 years

Product Defect within 3 years

Medical Negligence within 3 years

Superannuation Generally unlimited

Total Permanent Disability (TPD) Generally unlimited

Death Generally unlimited

In New South Wales, certain persons affected by criminal offences may apply for an award for

compensation for their suffering. Victims’ compensation schemes exists to provide victims and families

of crime some means of redressing the loss, damage or injury they have suffered as a result. There are

several categories of victims which financial support is available to:

A primary victim - a person who is injured or dies as a direct result of the act of violence, or a

person who attempts to prevent another person from committing that act or attempts to rescue

another person from the act committed;

A family victim - a member of the immediate family of a primary homicide victim;

A secondary victim - a person injured as a direct result of witnessing the act of violence

against the primary victim; or

A parent or guardian of a child primary victim who is in their care.

The general time limit for financial support and recognition payment eligibility is two years after the

act of violence.

To apply for victims compensation you or a representative for you should apply online at https://www.

victimsservices.justice.nsw.gov.au/Pages/vss/VS_forms.aspx. If you are unsure whether you are entitled

to victims compensation, please contact our office and one of our staff will be able to assist you.

7

VICTIMSCompensation

NARELLAN | TAHMOOR | CAMPBELLTOWN | SYDNEY | PARRAMATTA | CESSNOCK | CAMDEN

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DISCLAIMER. PLEASE READ! This guide and/or checklist is for general information purposes only. It is not intended to represent legal advice or other professional advice.