When A Compensation Lawyer Can Help

accident lawyers in Australia

Personal injury law can cover matters such as compensation against an employer for a workplace injury, a motor vehicle accident between members of the public, medical negligence or an accident in a public space.

Workers compensation

If an accident has been sustained by an employee while performing a duty at work, then this is an ideal time to consider meeting with a compensation lawyer. In particular if the injury sustained was a result of a breach of an occupational health or safety law, then the injured party may be entitled to be reimbursed for medical costs, for loss of income and for future loss of income.

The legislative regime governing worker’s compensation is a very specialised area of law that not every lawyer can tackle. A compensation lawyer has the specific expertise in this area of law to advise on how to make a workers compensation claim and how to recover against a negligent employer.

Furthermore, whilst the employer may want to tackle the matter responsibly, it is equally important to ensure they are not being exploited to an illegal extent. A compensation lawyer provides the expertise to ensure the matter is dealt with legally and fairly for both parties.

Motor vehicle accident

Motor vehicle accidents cover a wide variety of scenarios and each scenario presents its own set of complex questions. It may be an accident involving two vehicles yet the negligence of one vehicle contributed to it being hit by another vehicle. There may be a three or more car pile up. Who is responsible for whom? One vehicle may have been stolen and in the accident; what then? Or what if the motor vehicle was faulty from the manufacturer and significant injury was sustained as a result of the malfunction?

All of these motor vehicle accidents are scenarios that call for a compensation lawyer.

The law in motor vehicle negligence is not governed simply by rules in legislation but also guided by cases that have already come before the court. Specialised compensation lawyers have the experience and legal know-how in this body of case law.

Public accidents and medical negligence

If a personal injury has been sustained in a public place or as a result of medical negligence and this injury has caused a loss of income or significant additional medical bills, a compensation lawyer can consider the circumstances of the injury to provide an informed decision as to whether or not there are any avenues for reimbursement. It is not a blame game, nor is it simply about money. In these scenarios involving negligence, it can also often be about accountability: holding a doctor accountable for a negligence that has caused significant injury. Or finding a shopping centre accountable for inapproriate warning signs regarding construction work. With accountability comes deterrence. If the incident can be prevented in the future by the compensation action, then it is important that action is taken. A compensation lawyer specialises in recovery actions under negligence. This too is a complex area of law based on other cases rather than legislation.

It is strongly recommended that when trying to recover money against another person or if being recovered against, you consult with a compensation or personal injury lawyer. A lawyer who specialises in this field can be advantageous for a number of reasons:

  • You can be confident your are proceeding through the right legal avenues;
  • You can be advised as to possible consequences you may face to make an informed decision as to whether or not to defend the matter; and
  • You can take away the stress of trying to figure out the law, leaving you time to focus on your personal health.

Seeking the initial advice of a compensation lawyer can be an invaluable (and free) tool that allows you to make an informed decision as to how to resolve the matter or what your rights to compensation you may have. At Henry Carus + Associates, we offer your first consultation for free, and work on a ‘no win, no fee’ basis.