Here’s what you need to know.

Key Takeaways

• Slip and fall injuries are among the most common causes of serious hospitalisation in Australia
• Claims made in Victoria generally fall under Victoria’s public liability framework, governed by the Wrongs Act 1958 (Vic)
• You typically have three years from the date of the incident to start legal proceedings
• Compensation can cover pain and suffering, medical expenses, lost income, and the cost of care
• Contacting a specialist personal injury lawyer early is critical, as evidence can disappear quickly

How Serious Are Slip and Fall Injuries?

More serious than most people realise. Falls are the single biggest cause of injury hospitalisation in Australia. According to the Australian Institute of Health and Welfare (AIHW), in 2023–24 there were 248,211 hospitalisations due to falls, representing 43% of all injury admissions.

The financial toll is equally significant. AIHW data shows that fall injuries cost the Australian health system $5.4 billion in 2023–24, more than any other single condition.

The human cost is even harder to measure. A fractured hip, spinal injury or head trauma often means far more than a stay in hospital.It can mean months of rehabilitation, lasting changes to mobility, time off work and the loss of your independence. We’ve seen this over many years of representing people injured in falls across Melbourne and Victoria.

Where Do Slip and Fall Accidents Happen?

A compensable fall can happen almost anywhere someone else has responsibility for the safety of a floor, surface or space. Common locations include:

• Supermarkets and grocery stores
• Shopping centres
• Restaurants, cafés and pubs
• Public footpaths and council-maintained areas
• Workplaces
• Sporting venues, concert halls and entertainment spaces
• Private residences, including stairs and outdoor areas

The setting determines which legal framework applies and who is responsible. If the fall happened at work, aWorkCover claim is typically the right pathway. For most other locations, the claim would proceed as apublic liability claim under the Wrongs Act 1958 (Vic).

What Does a Venue Have to Do to Keep You Safe?

Property owners and occupiers in Victoria owe a duty of care to anyone who enters their premises. They can’t guarantee a floor is spotless at all times, but they must take reasonable steps to prevent foreseeable hazards.

In practice, that means:

• Having a documented system for regular floor inspections during trading hours
• Following that system consistently, not just having it on paper
• Responding promptly to any spillages, debris or hazardous items on the floor
• Placing appropriate warning signs whenever a floor is being cleaned or is wet
• Using matting in areas prone to rain, or where food or liquids regularly fall
• Packaging high-risk products in a way that reduces the likelihood of them ending up underfoot

Can You Claim If You Were Partly at Fault?

Yes. In Victoria, being partially responsible for a slip or fall doesn’t bar you from claiming; it may just reduce the amount you receive. This is called contributory negligence.

Insurers and defendants commonly allege that the hazard was “there to be seen” and that the injured person wasn’t paying attention. These arguments are usually far weaker than they sound.A spill can blend into the floor, a hazard can sit where a customer’s attention is deliberately drawn elsewhere, and people simply don’t walk with their eyes fixed to the ground. All of these are factors a specialist lawyer can use to push back on unfair contributory negligence allegations.

Don’t assume a partial-fault argument by the insurer means your case isn’t worth pursuing.

What Can You Claim Compensation For?

A successful slip and fall claim in Victoria can provide compensation for:

• Pain and suffering, including the ongoing impact on your enjoyment of life
• Past and future medical expenses (hospital stays, surgery, physiotherapy, medications, aids and equipment)
• Lost income (wages or earnings you’ve lost because of your injury, and future income if your capacity to work is affected)
• Care and assistance (the value of help provided by family members or friends, and the cost of professional care into the future)
• Out-of-pocket expenses (transport to and from medical appointments and other related costs)

What a claim is worth depends on how severe and permanent the injuries are, how much they affect the person’s life and livelihood, and how skilled the legal team is. Under the Wrongs Act 1958 (Vic), claiming compensation for pain and suffering (general damages) requires the injury to meet a threshold of “significant injury”. Your lawyer will assess whether your injury qualifies.

Should You Accept the Insurer’s Early Offer?

In nearly every case, no, at least not until you’ve spoken to a specialist.

Businesses and their insurers sometimes approach injured people early with offers to cover medical costs or provide a modest settlement. These offers are typically a fraction of what an experienced injury lawyer can achieve.

If you’ve been offered anything by an insurance company after a fall, contact our team before you respond.

What Is the Time Limit to Make a Claim?

Under the Limitation of Actions Act 1958 (Vic), you generally have three years from the date of the accident to commence legal proceedings for a public liability claim. Children and people with a disability have a longer period of six years from the date of injury.

If the fall happened in a workplace, separate statutory timeframes apply under Victoria’s WorkCover scheme, and you should seek legal advice as early as possible.

Missing these deadlines can permanently extinguish your right to compensation, regardless of how serious your injuries are. The sooner you contact a lawyer, the better. Evidence in slip-and-fall cases can disappear within days. CCTV footage is overwritten within days, staff memories fade, and cleaning logs can be amended or lost entirely.

Speak With Our Team Today

If you or someone in your family has been seriously injured in a slip, trip or fall in Victoria, contact Henry Carus + Associates as soon as you’re able. Our specialist personal injury lawyers have spent decades on both sides of these claims, so we know what evidence is needed, how insurers think and what your claim is really worth.

We operate on a no-win, no-fee basis. You won’t pay us anything unless we win. And we go a step further with our unique 90-Day Client Satisfaction Guarantee.

If you start your claim with us and, within the first 90 days, you don’t feel confident we’re providing the service, support or representation you deserve, you can choose to leave. There are no legal fees to pay for the work we’ve completed during that time.

It’s our way of giving you confidence that we’ll work tirelessly to earn your trust from day one.

Call us on 03 9001 1318, or contact us online at hcalawyers.com.au/contact. We’re available 7 days a week.

This article is general information only and does not constitute legal advice. If you have been injured, please contact our office to discuss the specific circumstances of your claim.

The post Slip and Fall Accidents & Injury Claims appeared first on Henry Carus + Associates.

Here’s what goes into it.

Key Insights

• Compensation is calculated across two main categories: economic loss (financial impact) and non-economic loss (pain, suffering, and life impact).
• The type of claim (WorkCover, TAC, public liability, or medical negligence) affects what you can claim and how much.
• Victoria has legislated caps on certain damages, which vary by claim type.
• A compensation lawyer works to ensure every loss is accounted for and properly evidenced.
• Most personal injury claims in Victoria are handled on a no-win, no-fee basis.

Economic Loss: The Financial Impact of Your Injury

Economic loss covers the tangible, documentable costs your injury has caused. This is where the calculation starts.

Your lawyer will look at:

• Medical and treatment expenses, including past and future costs for hospital care, surgery, physiotherapy, psychology, medications, and aids.
• Lost income, including wages you’ve already missed and, where injury affects your long-term capacity, projected future earnings.
• Out-of-pocket expenses, including travel to appointments, home modifications, care costs, and any other expenses directly caused by the injury.

These figures are built from evidence: payslips, tax returns, medical invoices, and expert reports from treating practitioners and independent specialists.

Non-Economic Loss: Pain, Suffering, and Life Impact

Non-economic loss is harder to quantify, but it’s often where the most significant compensation lies for seriously injured people.

This category of damages covers:

• Pain and suffering, both past and ongoing
• Loss of enjoyment of life
• Inability to participate in activities, relationships, or work you valued
• Psychological impact, including anxiety, depression, and PTSD

Victoria sets legislated caps on non-economic loss that vary by claim type. As of March 2026, TAC (transport accident) common law claims have a maximum pain and suffering payment of $680,160, with a pecuniary loss (economic) cap of $1,530,470. 

For public liability and medical negligence claims under the Wrongs Act, pain and suffering is capped at $741,000.

Crucially, these caps represent the most severe cases. Your lawyer assesses where your injuries sit relative to the “most extreme case” and builds the argument for an appropriate figure.

How Claim Type Shapes the Calculation

The legal framework governing your claim determines what benefits are available and how they’re calculated.

Car Accidents

Car accident compensation (TAC claims) begins with statutory benefits (medical costs and loss-of-earnings payments) available regardless of fault. To access common law damages for pain and suffering, your injuries must meet the legal threshold of “serious injury,” defined under the Transport Accident Act 1986 as a permanent impairment of 30% or more whole person impairment (WPI), or satisfaction of the narrative test.

Workplace Injury or Illness

Workers compensation lawyers deal with WorkCover claims, which also start with statutory entitlements: weekly payments, medical expenses, and impairment benefits. Common law access requires meeting a serious injury threshold, and claims reaching 130 weeks of weekly payments after 31 March 2024 now face additional criteria under Victoria’s amended scheme.

Personal Injury

Personal injury compensation arising from public liability or medical negligence follows a different framework under the Wrongs Act 2002, where negligence must be established, and damages are assessed against the Act’s thresholds and caps.

Insurance claim and public liability lawyers navigate additional complexity around proving fault and quantifying losses where no statutory scheme applies.

Who Determines the Final Payout?

Most claims are resolved through negotiation between your lawyer, the insurer or respondent, and, where required, the relevant scheme (TAC, WorkSafe). Your lawyer’s role is to present a thoroughly evidenced case for the highest defensible figure.

If negotiation doesn’t produce a fair outcome, your lawyer can take the matter to court or a formal dispute resolution process. At that point, an independent decision-maker determines the amount.

A well-prepared claim, with the right evidence and the right legal arguments, consistently achieves better outcomes than one that isn’t. 

We’re Here to Fight Your Corner

At Henry Carus and Associates , we understand that behind every claim is a person whose life has been disrupted in ways that go far beyond a spreadsheet. Our team takes the time to understand your full situation so we can build a claim that reflects what you’ve lost and what more you stand to lose.

We work on a no-win, no-fee basis, and we represent clients across Melbourne and Victoria in WorkCover, TAC, public liability, personal injury, medical negligence, and insurance claims. If you’d like to understand what your claim could be worth, get in touch with our team for a free, no-obligation consultation.

This article is general in nature and does not constitute legal advice. Compensation entitlements depend on the specific facts of your case and the applicable Victorian legislation. Please contact our qualified compensation lawyers for advice tailored to your situation.

The post How Compensation Lawyers Calculate Your Claim Value appeared first on Henry Carus + Associates.

If you’re injured working in someone’s home in Victoria, you have the same WorkCover rights as someone injured in a traditional workplace. Your claim isn’t affected by the location of your injury – what matters is that you were performing work duties when it happened.

Quick Answer: Your WorkCover Rights 

• You’re covered by WorkCover if injured while performing work duties in any location, including client homes
• Your employer must lodge a WorkCover claim within 30 days of being notified
• You can access immediate benefits, including medical expenses, lost wages (typically 95% of your pre-injury earnings), and rehabilitation support
• The client’s insurance isn’t involved in your WorkCover claim — your employer’s WorkCover policy covers you
• You may have multiple compensation pathways, including WorkCover benefits and potentially a common law claim

Who’s Covered by WorkCover When Working in Private Homes?

If you’re injured working in someone’s home in Victoria, WorkCover applies to you as a mobile worker. This includes:

• Home Care and Support Workers: NDIS support workers, aged care workers, disability support workers, personal care attendants, and respite carers who assist clients with daily tasks, personal care, or mobility support.
• Tradespeople and Contractors: Plumbers, electricians, builders, carpenters, painters, HVAC technicians, and gardeners who visit residential properties to perform repairs, installations, or maintenance work.
• Cleaning and Domestic Workers: House cleaners, domestic workers, window cleaners, carpet cleaners, and pest control workers who provide services in private residences.
• Health Professionals: Community nurses, physiotherapists, occupational therapists, speech pathologists, dietitians, and podiatrists who deliver healthcare services in clients’ homes rather than clinical settings.

Your employment status determines your coverage. If you’re an employee (casual, part-time, or full-time), you’re automatically covered under your employer’s WorkCover policy. Independent contractors and sole traders need their own WorkCover insurance — check with WorkSafe Victoria if you’re unsure about your status.

Common Injuries When Working at a Client’s Property

Mobile worker injury compensation in Victoria claims frequently involve these scenarios:

Slips, Trips and Falls

Wet floors after cleaning, cluttered walkways, poor lighting in hallways, uneven surfaces on driveways or paths, loose mats or rugs, and stairs without proper handrails. A home care worker’s injury rights in Victoria (and their risks) are the same as those who work in hospitals or other facilities.

Manual Handling Injuries

Lifting or moving clients during personal care, transferring equipment like wheelchairs or hoists, moving furniture for cleaning or repairs, carrying heavy tools or materials, and repetitive bending or reaching tasks that strain your back, shoulders, or knees.

Dog Attacks and Animal Injuries

A tradesperson injured on client property could be bitten by an unsecured dog while entering the backyard, or an NDIS worker might be scratched by a client’s cat during a support visit.

Electrical and Burn Injuries

Faulty appliances or wiring in the client’s home, exposed electrical outlets, gas leaks, or hot water systems without proper safety guards – particularly hazardous for electricians, plumbers, and maintenance workers.

Violence and Aggression

Support workers may face physical assault from clients experiencing behavioural issues, dementia, or mental health episodes. These injuries fall under a WorkCover claim working at client’s house, just like physical accidents.

Your Immediate Steps After Being Injured

1. Report your injury to your employer within 30 days, but ideally straight away. Your employer then has 30 days to lodge your WorkCover claim with their insurer. Don’t wait for your employer to act before seeking medical treatment.
2. See a doctor immediately, even for seemingly minor injuries. Tell your GP this is a work injury and ask them to complete a WorkCover medical certificate. This documents your injury and establishes the link between your work duties and the harm you’ve suffered.
3. Document everything about the incident. Take photos of the hazard that caused your injury, write down exactly what happened while it’s fresh in your memory, get contact details from any witnesses (including the client if appropriate), and keep copies of all medical reports, certificates, and correspondence with your employer.
4. Keep all receipts related to your injury, including medications, medical appointments, travel to treatment, and any other expenses directly caused by your workplace accident.

WorkCover Benefits You Can Access

WorkCover provides several types of support when you’re injured working in someone’s home, even before your claim is formally accepted in most cases. For more information, learn about who can get WorkCover benefits 

Medical and Treatment Costs

All reasonable medical expenses are covered, including GP visits, specialist consultations, physiotherapy, surgery, medications, diagnostic tests like X-rays or MRIs, and assistive equipment such as crutches or braces.

Lost Wages

You’ll receive weekly payments if you can’t work or have reduced hours due to your injury. Most workers receive 95% of their pre-injury weekly earnings for the first 13 weeks, then 80% from week 14 to 130 (with some exceptions). These payments continue while you’re unable to work, subject to work capacity assessments.

Rehabilitation and Return to Work Support

WorkCover funds occupational rehabilitation, return to work programs, workplace modifications, and retraining if you can’t return to your previous role. Your employer has legal obligations under the employer’s OHS duties in Victoria to support your safe return to work.

Lump Sum Payments

If you have a permanent impairment from your injury, you may be entitled to impairment benefits – a one-off payment based on the severity and permanence of your injury.

Can You Claim Against the Client as Well?

Yes, potentially. You might have two separate compensation pathways: WorkCover through your employer’s insurance, and a public liability claim against the property owner.

A tradesperson injured on client property might pursue both claims if the client failed to maintain safe premises. For example, if they didn’t fix a broken step they knew was dangerous, or failed to warn you about a known hazard like a loose floorboard.

The key difference: WorkCover is a no-fault system that provides benefits regardless of who caused the accident, while a public liability claim requires proving the client was negligent. You can access WorkCover benefits immediately, but a negligence claim against the client takes longer and requires evidence that they breached their duty of care.

Some workers also qualify for a common law claim against their employer if serious negligence contributed to the injury. Understanding the difference between WorkCover benefits claims and common law damages claims helps you know all your options.

What If Your Employer Disputes Your Claim?

Employers or their WorkCover insurers sometimes dispute claims, arguing the injury didn’t happen at work or isn’t serious enough to warrant compensation. This doesn’t mean you’re not entitled to support.

You have appeal rights through WorkSafe Victoria’s conciliation process. If conciliation doesn’t resolve the dispute, you can escalate to the Medical Panel for medical questions or the Magistrates’ Court for legal disputes about your entitlement.

Don’t try to navigate a disputed claim alone. WorkCover disputes involve strict deadlines – missing a deadline can permanently affect your entitlement to benefits.

When to Get Legal Help

You should speak with a WorkCover lawyer if:

• Your claim has been rejected or disputed
• Your weekly payments have been reduced or stopped without explanation
• Your employer is pressuring you to return to work before you’re medically cleared
• You’ve suffered a serious or permanent injury
• You’re unsure whether you can claim against both WorkCover and the client

HCA Lawyers has helped hundreds of Victorian workers recover the compensation they deserve after WorkCover accidents. We understand how injuries sustained while working in clients’ homes create unique challenges – you might feel pressure not to “cause trouble” for the client, or worry about losing future work if you make a claim.

Your rights don’t change based on where you were injured. If you were hurt performing work duties, you deserve proper support and compensation, whether that happened in an office, a factory, or someone’s living room.

Our experienced WorkCover lawyers provide clear, honest advice about your entitlements and handle the entire claims process so you can focus on recovery. We work on a no-win, no-fee basis for most WorkCover claims. Contact HCA Lawyers today for a confidential discussion about your situation.

The post Injured While Working in Someone’s Home? Your WorkCover Rights in Victoria appeared first on Henry Carus + Associates.

But what is Arik, and how does it affect your ability to reach the compensation thresholds? In this guide, we’ll share everything you need to know.

Key Insights

• The Arik decision (Vicinity Centres PM Pty Ltd v Arik [2023] VSCA 295) is a Victorian Court of Appeal ruling about how Medical Panels should assess lower limb impairments using the AMA Guides
• The Court ruled that Medical Panels can use the “highest impairment” method rather than combining all ranges of motion deficits when assessing hip injuries
• This decision affects whether injured Victorians meet the impairment thresholds needed to claim compensation for pain and injuries
• It applies to all personal injury claims in Victoria, whether you’re injured at work, in a transport accident, or in a public place

What is the Arik Decision?

The Arik decision refers to the Victorian Court of Appeal case Vicinity Centres PM Pty Ltd v Arik [2023] VSCA 295, decided on 5 December 2023. Ms Arik had slipped and fallen at Broadmeadows Shopping Centre on 1 December 2019, suffering a hip injury. When she tried to claim compensation under the Wrongs Act, a Medical Panel assessed her whole person impairment (WPI) at 4% – below the 5% threshold needed to claim damages for pain and suffering.

Here’s where Arik becomes crucial: Ms Arik challenged the Medical Panel’s assessment method through judicial review. She argued the Panel had incorrectly interpreted section 3.2e of the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition (the AMA Guides), which Victorian Medical Panels use to assess all injury claims.

The case travelled through three court levels:

1. Supreme Court (March 2023): Justice Richards found the Medical Panel had not applied the AMA Guides properly, stating it should have combined all ranges of motion restrictions rather than taking the highest rating. Under this approach, Ms Arik’s WPI would have been 14%.
2. Court of Appeal (December 2023): By majority, the Court of Appeal overturned the Supreme Court’s decision, holding that the Medical Panel’s assessment was in accordance with the Guides. The Panel’s method (taking the most severe impairment rating) was acceptable.
3. High Court (May 2024): On 9 May 2024, the High Court refused an application by Ms Arik for special leave to appeal from the Court of Appeal’s judgment.

Understanding the Arik decision means recognising it’s the final word on how Medical Panels assess lower limb injuries in Victoria (at least for now).

The Key Legal Issue: Combining vs Highest Impairment

The technical question at the heart of what Arik is seems narrow, but its impact is massive. When a Medical Panel assesses a hip injury, they measure range of motion in multiple directions – flexion, extension, abduction, adduction, and rotation. Each direction can be classified as mild, moderate, or severe impairment.

The Medical Panel assessed Ms Arik’s injured hip and found five planes of motion were impacted: two were “moderate” and three were “mild”. They then took the highest classification (moderate) and assigned her 4% WPI based on that single rating.

Ms Arik’s legal team argued this was wrong. They contended that each impairment of range of motion should have been combined, consistent with other sections of the AMA Guides that state, “if the patient has several impairments of the same lower extremity part, the whole-person estimates for the impairments are combined”.

The difference is enormous:

• Highest impairment method: 4% WPI (below threshold)
• Combined method: 14% WPI (well above threshold)

The Court of Appeal majority sided with the Medical Panel’s approach. They held that the Guides, on a proper construction and taking into account their context, did not require all impacted planes of motion to be assigned an impairment figure and then added together.

Why Arik Decisions Are Important for Injured Victorians

Why Arik decisions are important comes down to one word: thresholds. In Victoria, you can’t claim compensation for pain and suffering or loss of enjoyment of life unless your injuries meet specific whole person impairment thresholds:

• Wrongs Act claims (public liability, medical negligence): More than 5% WPI for most injuries
• WorkCover serious injury claims: 30% WPI or significant impairment of a body function
• TAC serious injury claims: Serious long-term impairment or loss of body function

The AMA Guides are used to assess impairment for all injury types in Victoria, whether you’re injured in a public space, at work, or in a transport accident. The Arik decision affects every one of these claims.

Understanding why the Arik decision is important means recognising that this case determines whether thousands of injured Victorians will qualify for compensation.

How the Arik Decision Affects Your Claim Today

Now that the High Court has refused to hear the appeal, the Arik decision is settled law in Victoria. Here’s what it means if you’re pursuing a personal injury claim:

For Lower Limb Injuries

If you’ve injured your hip, knee, or ankle and you’re assessed by a Medical Panel, they’ll use the “highest impairment” method when evaluating range of motion restrictions. Your WPI percentage will likely be lower than if all your movement restrictions were combined.

For Other Body Parts

The Arik decision specifically addressed lower extremity assessments under section 3.2e of the AMA Guides. The methodology for assessing other body parts hasn’t changed. However, the Court’s reasoning about how to interpret the AMA Guides could influence future cases involving other body systems.

For Workplace Injuries

If you’re a workplace injury lawyer with a Melbourne client, the Arik decision affects whether you’ll reach the 30% WPI threshold for a WorkCover serious injury application. Lower limb injuries assessed using the “highest impairment” method may not reach this threshold as easily.

For TAC Claims

The decision impacts whether you’ll meet the definition of serious injury for fair compensation for transport accidents. Lower limb injuries resulting from car accidents are common, and how your impairment is assessed can significantly impact the value of your entire claim.

For Public Liability Claims

Under the Wrongs Act 2015 amendments, you need more than 5% WPI to claim compensation for pain and suffering. The Arik decision makes it harder for some lower limb injuries to reach this threshold.

The practical impact? You need experienced legal representation who understands how Medical Panels apply the AMA Guides post-Arik. Your lawyer should review any Medical Panel assessment carefully, checking that measurements were taken correctly and that the Panel applied the methodology consistently with the Court of Appeal’s interpretation.

Get Expert Guidance on Your Injury Claim

The Arik decision shows how technical legal interpretations can have massive real-world consequences for injured people. A difference in how you measure a hip injury can mean the difference between qualifying for compensation and walking away with nothing.

Medical Panel assessments can determine whether your claim succeeds or fails. After the Arik decision, it’s more important than ever to have legal representation that understands how impairment thresholds work across WorkCover, TAC, and Wrongs Act personal injury claims.

At Henry Carus + Associates, we’ve helped hundreds of injured Victorians navigate the Medical Panel process and challenge assessments that don’t accurately reflect their injuries. If you’ve been injured and you’re concerned about reaching impairment thresholds, we’ll review your medical evidence, advise you on your prospects, and fight to ensure you receive every dollar you’re entitled to.

The post What is the Arik Decision and Why is It Important? appeared first on Henry Carus + Associates.

An injury lawyer at Henry Carus + Associates can advise you of your rights and legal options. Our lawyers have expertise in all aspects of personal injury law in VIC, and we have helped clients obtain the maximum compensation they deserve following a wide variety of injuries.

For a FREE, no-obligation consultation, call 03 9001 1318 today. Henry Carus + Associates can handle a Victoria personal injury claim anywhere in VIC from multiple offices in the Melbourne metropolitan area.

How Do I Claim Compensation for Personal Injury?

The words ‘sue’ and ‘lawsuit’ are thrown around fairly liberally, but they don’t apply to most personal injury matters in Victoria. When people talk about ‘suing’ for an injury, they are usually referring to common law damages via one of the state’s compensation schemes.

Victoria has enacted three separate schemes to compensate people who have been injured. They are:

TAC Claims

Someone who suffers injury due to the driving of a motor vehicle is entitled to statutory benefits from the Transport Accident Commission (TAC). Lodging a TAC claim is the sole legal remedy for those who have been injured in transport accidents in Victoria, including:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Pedestrian Accidents (if a motor vehicle was involved)
• Bicycle Accidents (if a motor vehicle was involved)
• Train, Tram, & Bus Accidents
• E-Scooter Accidents (if a motor vehicle was involved)

Most TAC benefits are provided on a no-fault basis, and that is what the majority of persons injured in a transport accident receive. However, if you suffer a serious injury and it can be shown that the other driver or another party was at fault for the accident, you may be entitled to additional common law damages.

The first step is to receive a serious injury certificate, on the basis you have met the definition of a ‘serious injury’. That definition includes the following:

• ‘serious long-term impairment or loss of a body function; or
• ‘permanent serious disfigurement; or
• ‘severe long-term mental or severe long-term behavioural disturbance or disorder; or
• ‘loss of a foetus.

‘A “serious injury” may also be a permanent impairment of 30% or more.’

– Transport Accident Act 1986 – S. 93(17)

An injury lawyer well-versed in pursuing common law damages can help you lodge an application for a serious injury certificate. If the TAC disputes the application and does not grant a serious injury certificate, it may be necessary to initiate court proceedings to obtain the serious injury certificate, followed by the full compensation you deserve.

WorkCover Claims

WorkSafe Victoria administers the state’s workers’ compensation program, WorkCover. If you are injured on the job or become ill as a result of your employment in VIC, your only recourse is to lodge a claim with WorkCover.

In certain circumstances, workers may be able to sue for common law damages. A knowledgeable lawyer can help you with this process, which involves:

1. Obtaining a ‘serious injury certificate’. The following are considered a ‘serious injury’ according to Victoria’s workers’ compensation legislation:
   1. ‘permanent serious impairment or loss of a body function; or
   2. ‘permanent serious disfigurement; or
   3. ‘permanent severe mental or permanent severe behavioural disturbance or disorder; or
   4. ‘loss of a foetus.’
   5. Injuries assessed at 30% or more whole person impairment are also considered a ‘serious injury’ by WorkSafe.
2. Collecting evidence of fault or wrongdoing on the part of your employer, a co-worker, and/or a third party.
3. Lodging a common law application with WorkSafe. If a dispute arises concerning whether you have a serious injury, you will need to apply for a decision by the County Court.
4. Attending a conference to resolve the application.
5. Reviewing WorkSafe’s ‘statutory offer’ and, if necessary, drafting a ‘statutory counteroffer’.
6. If your claim cannot be settled, then commencing common law proceedings in the County Court or Supreme Court.

Although you may need to initiate court proceedings for common law damages, most such proceedings eventually reach a resolution without the need to go to court.

Read More: Can I Sue for a Work-Related Injury?

Wrongs Act Claims

The Wrongs Act 1958 is Victoria’s personal injury legislation. It governs injury claims not covered by the other compensation schemes. This includes:

• Medical Negligence
• Public Liability, including:
  • Slip & Fall Accidents
  • Dog Bites
  • Airline Injuries
  • Boating Accidents
• Defective Products

Negligence must be established in all Wrongs Act claims. To recover compensation for non-economic loss (defined as ‘pain and suffering, loss of amenities of life, or loss of enjoyment of life’), you must also demonstrate that your injuries meet the definition of ‘significant injury’ found in the Wrongs Act:

• Spinal injury resulting in whole person impairment of 5% or more
• Injuries other than spinal or psychiatric injury resulting in whole person impairment greater than 5%
• Psychiatric injury resulting in whole person impairment of 10% or more
• Loss of a breast
• Loss of a foetus
• Psychological injury arising from the death of a child due to an injury suffered by the mother or the child ‘before, during or immediately after the birth’

A Victoria personal injury claim is usually submitted to the insurer for the defendant in question. Often, personal injury claims can be settled through negotiations between your lawyer and the insurance company. If a fair settlement cannot be reached, you may need to go to court. A personal injury lawyer can help you initiate legal proceedings and guide you through the legal process.

Read More: What Is Personal Injury?

There are multiple options for recovering compensation for a personal injury in VIC. Consulting an experienced lawyer is the best way to protect your rights and ensure that you’re doing everything possible to pursue maximum compensation for your injuries and damages.

What Is the Time Limit for Personal Injury Claims in Victoria?

Each compensation scheme in VIC has time limits for when you can bring a claim. If you don’t lodge a claim within the designated time period, you will likely lose your right to compensation.

The time limits for a Victoria personal injury claim are:

• 1 year for TAC claims.
  • The TAC may consider claims lodged up to 3 years after a road accident if ‘reasonable grounds exist for the delay in making a claim’.
  • Minors have until the age of 21 to lodge a claim if a parent or guardian did not make a claim on their behalf.
• A work-related injury or illness must be reported to WorkSafe within 30 days.
  • The worker then has up to 6 months to lodge a WorkCover claim for payment of medical expenses.
  • A common law claim may be brought up to 6 years after the date of injury.
• You generally have 3 years to lodge a personal injury claim under the Wrongs Act.

Contact a personal injury lawyer TODAY for immediate assistance with your claim.

How Much Compensation Do You Get for Personal Injury?

Your entitlement to personal injury compensation depends on your specific situation. If you were injured through no fault of your own in an incident not covered by the TAC or WorkCover, you may be entitled to:

• Recovery of all medical expenses to date
• The cost of future medical treatment
• All of your lost wages
• Loss of future earnings
• Non-economic damages; if you suffer a significant injury, you can claim:
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of amenities of life

The Wrongs Act imposes the following limitations on personal injury damages:

• Compensation for loss of earnings is capped at three times the claimant’s average weekly wages at the time compensation was awarded (see Wrongs Act 1958 – S. 28F).
• Non-economic damages may not exceed $577,050 (see Wrongs Act 1958 – S. 28G).

Common law damages are capped as follows in other injury claims:

• TAC claims:
  • Damages for past and future earnings (pecuniary loss) capped at $1,438,310.
  • Pain and suffering damages capped at $639,200.
• WorkCover claims:
  • From 2023–24, compensation for pecuniary loss is capped at $1,639,480.
  • From 2023–24, compensation for pain and suffering is capped at $713,780.

It can be very difficult to know how much a Victoria personal injury claim may be worth. An experienced compensation lawyer can review the facts, gather evidence, assist you with any and all paperwork, and explore all legal avenues for obtaining compensation.

Get Help with Your Victoria Personal Injury Claim

No matter how you’ve been injured, it’s important to seek qualified legal counsel for help with your claim. Our founder, Henry Carus, is recognised as an Accredited Specialist in Personal Injury Law by the Law Institute of Victoria (LIV).

Read More: Why Choose an LIV Accredited Specialist?

All of the lawyers at Henry Carus + Associates have extensive experience with many different types of personal injury matters, including all those mentioned above. We know what it takes to maximise benefits and additional compensation following a motor vehicle accident, work injury, medical negligence, injury in a public space, and more.

Each claim is unique, but our philosophy remains the same: You Deserve More. Learn how our team can help with your Victoria personal injury claim and fight for a favourable outcome on your behalf.

Call us today at 03 9001 1318 for a FREE, no-obligation consultation. Or use the contact form to send an enquiry to our team.

The post Can You Sue for Personal Injury in Victoria? appeared first on Henry Carus + Associates.

Brain injuries are serious and complex. They can impact virtually all areas of life, including the ability to care for yourself, the ability to work, and more. If you have a compensation claim for a brain injury, experienced legal counsel can help you obtain all of the entitlements you are due.

Contact a brain injury lawyer at Henry Carus + Associates by calling 03 9001 1318. Your consultation is 100% FREE and comes with no obligation. Our lawyers serve clients in Melbourne and all of Victoria.

What Is a Brain Injury?

A brain injury refers to any type of trauma to the brain, as well as the resulting physical, emotional, and cognitive impairments. Brain injuries are often considered ‘invisible’ because the nature and severity of the damage is often much worse than what can be seen from the outside.

There are several types of brain injury:

Acquired Brain Injury

Brain damage any time after birth is categorised as an Acquired Brain Injury (ABI). Potential causes of an ABI include:

• A blow to the head, as is commonly seen in motor vehicle accidents, falls, etc.
• Penetrating injury to the skull, where a foreign object enters the brain
• Oxygen deprivation (also known as a hypoxic brain injury)
• Stroke
• Medical conditions such as an infection, a tumour, and neurological disorders

Traumatic brain injury (TBI), where an external force is strong enough to move the brain within the skull, is of particular concern. Every year, approximately 200,000 Australians sustain a TBI. Many don’t receive timely diagnosis and medical treatment, which can lead to serious complications.

Read More: Foggy and Sad? Your Head May Be Hurt!

Congenital Brain Injury

A congenital brain injury occurs prior to birth. It may be caused by genetic defects or mutations, or as a result of damage suffered by the foetus in the womb.

Birth Trauma

Injury to the brain during birth is a type of ABI. Birth injuries can have devastating repercussions for a child’s future, potentially resulting in cerebral palsy and other serious conditions.

What Are the Symptoms of a Brain Injury?

The symptoms of a brain injury vary significantly depending on what part of the brain was damaged and how severe the injury is. Sometimes the damage can heal on its own, while in other cases the damage is permanent.

Symptoms that may occur immediately or shortly after an acquired brain injury include:

• Loss of consciousness
• Persistent headache
• Nausea and vomiting
• Fatigue
• Dizziness and disorientation
• Blurred or double vision
• Ringing noise in the ears (tinnitus)
• Difficulty with concentration and/or memory
• Changes in mood
• Sleep disturbances, such as insomnia, sleeping excessively, etc.

Anyone who experiences serious symptoms such as seizures, dilated or ‘blown’ pupils, or bleeding and fluid leakage from the nose or ears should be taken to hospital without delay. All of these are signs of a serious brain injury.

The long-term effects of a brain injury take time to develop. In severe cases, brain injuries can lead to cognitive impairment, loss of motor skills, radical changes in perception and sensation, difficulties in communication, changes in personality, and more.

If you or someone you love is facing these issues, you should consult a brain injury lawyer as soon as possible. Henry Carus + Associates specialise in all aspects of personal injury law, and we can help you lodge a claim for compensation.

Who Can Make a Brain Injury Claim?

Victims of acquired brain injuries may have multiple options for claiming compensation. An experienced personal injury lawyer can evaluate your situation and advise you of your legal options if you were injured as a result of any of the following:

• Car Accidents
• Motorcycle Accidents
• Truck Accidents
• Pedestrian Accidents
• Bicycle Accidents
• E-Scooter Accidents
• Tram, Train, & Bus Accidents
• Slip & Fall Accidents
• Medical Negligence
• Workplace Accidents

In Victoria, there are three different personal injury compensation schemes. The process for making a claim varies under each scheme, which is why it is vital to obtain knowledgeable legal counsel.

TAC Claims for Brain Injury

Anybody who is injured in a motor vehicle accident in Victoria can claim compensation from the Transport Accident Commission (TAC). The following benefits are available regardless of who caused the accident:

• Coverage of all necessary medical expenses
• Services to aid in your recovery
• Income support to replace lost earnings
• Loss of earning capacity benefit, if your capacity for work remains diminished after 18 months
• Support services for helping you return to work

You may also be entitled to a lump sum impairment benefit if your injuries result in permanent impairment of 11% or more. A brain injury might meet the impairment benefit criteria, but you will need to undergo one or more specialised medical assessments to determine the extent of the physical and psychological effects.

In addition, you may have a claim for common law damages if someone else was at fault for the accident that caused the brain injury. A TAC lawyer can help you lodge a serious injury application and negotiate a fair settlement on your behalf.

Read More: What Does TAC Consider a Serious Injury?

WorkCover Claims for Brain Injury

Head injuries account for approximately 3% of workers’ compensation claims in Australia. From falls to being struck by equipment to objects falling from heights, many workers are at risk for head and brain injuries every day of their employment.

You can lodge a WorkCover claim if you suffer a brain injury on the job. Benefits you are entitled to include:

• Reimbursement of medical treatment expenses
• Weekly payments covering a percentage of your average earnings
• Provisional payments for mental injuries (available for up to 13 weeks, even if your claim is ultimately rejected)
• Contributions to a superannuation account

A Certificate of Capacity is required to claim weekly payments. This is an official document describing how the brain injury affects your ability to work.

Read More: What Is a Certificate of Capacity in a WorkCover Claim?

You may also be entitled to a permanent impairment benefit if the injury has stabilised, yet you are still limited in your capacity to work. Impairment is assessed by specially trained medical practitioners. Depending on the nature and extent of the brain injury, you may need to see multiple specialist doctors (such as a neurologist, psychiatrist, etc.) to satisfy the threshold imposed by WorkSafe.

Finally, you may have the right to sue your employer if their negligence caused your work-related brain injury. Your right to common law compensation is also contingent on proving that the ABI meets the definition of ‘serious injury’.

Public Liability Claims for Brain Injury

If you are injured in a public place, you can lodge a public liability claim against the individual or entity responsible. A brain injury lawyer can help you pursue maximum compensation for:

• Economic loss, including loss of earnings and deprivation of earning capacity
• Non-economic loss, including pain and suffering and loss of amenities of life

Entitlement to non-economic loss is dependent on you meeting the definition of ‘significant injury’ found in the Wrongs Act 1958 (Victoria’s personal injury legislation). Once again, this will require you to undergo a medical assessment conducted in accordance with specific legal standards.

Obtaining qualified legal counsel is the best way to protect your rights and ensure you get the maximum compensation you deserve. A brain injury lawyer can investigate and collect evidence to prove that the other party was at fault, while you focus on your recovery.

How Much Compensation Do You Get for a Brain Injury?

Brain injury victims need significant support from family, friends, medical professionals, and organisations. They often have a long and difficult road, sometimes with little to no prospect of a full recovery.

Unfortunately, fair compensation is not guaranteed. There is no hard-and-fast amount set aside for people who sustain a brain injury. Rather, you will need to lodge a personal injury claim through one of Victoria’s compensation schemes.

If you have a claim for common law damages, you may be entitled to substantial compensation. Multiple factors can influence the amount you are awarded, including:

• Your age at the time of the injury
• The severity and duration of the brain damage
• Current and ongoing medical needs
• The value of your economic loss
• Whether you can return to work/work in a different capacity
• The value of your non-economic loss
• How your ability to care for yourself and your family is affected
• The prognosis for your injury

All common law damages claims in Victoria are subject to statutory maximums. Your brain injury lawyer can advise you of these limits while fighting to maximise your compensation.

How Long Do I Have to Make a Claim?

Personal injury claims in Victoria are also subject to time limits. It is crucial to file a claim within the limitation period; otherwise, you may lose your right to compensation.

• You generally have just 1 year to lodge a TAC claim following an accident and 6 years to claim common law damages.
• A work-related injury should be reported as soon as possible—within 30 days at the latest. You then have 6 months to lodge a WorkCover claim and 6 years to claim common law damages.
• You have 3 years from the date of the injury to bring a Wrongs Act claim for a public liability matter.

Brain injuries are not always obvious, and the full effects might not be apparent until the injury has stabilised. If you were not diagnosed with an ABI until a later date, this may be considered a ‘reasonable delay’—potentially giving you more time to make a claim. A skilled brain injury lawyer can ensure that your claim is lodged within the applicable time limit.

Can You Live a Normal Life After a Traumatic Brain Injury?

Most people who experience an acquired or traumatic brain injury will face significant and permanent changes in their lives. At Henry Carus + Associates, we believe you are so much more than your injury. You are someone’s loved one, someone’s friend, someone’s co-worker, and much more. The compensation you are owed should reflect all of the ways the injury impacts your life and that of your family.

In brief, You Deserve More. That is the philosophy of our firm, and it is apparent in the innovative legal strategies we employ to maximise benefits and common law compensation for our clients.

We have unparalleled knowledge and experience navigating Victoria’s compensation schemes. As an LIV Accredited Specialist in Personal Injury Law, Henry Carus and his team provide the highest quality of legal service, expert legal guidance, and a fierce commitment to obtaining a favourable outcome on your behalf.

Contact Henry Carus + Associates Today

Have you suffered a brain injury? Speak to an experienced brain injury lawyer ASAP to protect your legal rights.

Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our brain injury lawyers serve clients in Melbourne and all of VIC.

The post Can I Claim Compensation for a Brain Injury? appeared first on Henry Carus + Associates.

The Therapeutic Goods Administration (TGA) closely monitors adverse events for suspected side effects.

The Australian Government is developing a claims scheme for people who suffer a moderate to significant impact following an adverse reaction to a TGA-approved COVID-19 vaccine. As of yet, however, the Government has not finalized this scheme. At this stage, potential claimants can only register their intention to claim.

We recommend visiting the Australian Government Department of Health website to learn more about this scheme and the listed adverse side effects of vaccines.

What Is the No-Fault COVID-19 Vaccine Indemnity Scheme?

The scheme aims to provide a straightforward application process for people who have been either injured and/or adversely affected by an approved COVID-19 vaccine without the need to engage a lawyer for the purposes of legal proceedings.

The scheme is aimed to cover the cost of injuries evaluated at $5,000.00 and above that have occurred due to the administration of a TGA-approved COVID-19 vaccine or due to an adverse reaction and/or event that is considered to be caused by a COVID-19 vaccine.

At this time, there appears to be no clear definition surrounding what injuries specifically qualify as being above the $5,000.00 threshold.

Do You Qualify for Compensation?

The injury or adverse event must be a recognized side effect of one of the TGA-approved COVID-19 vaccines. These include thrombosis with thrombocytopenia syndrome (TTS) associated with the AstraZeneca vaccine and myocarditis and pericarditis associated with the Pfizer vaccine.

Claimants who are seeking to make a claim for between $5,000.00 and $20,000.00 need to have been hospitalised for at least one night and will need to nominate that they are seeking less than $20,000.00.

The potential claimant will need to provide applicable evidence of:

• The nature of the injury and medical documentation of its likely relationship to a COVID-19 vaccination
• Hospitalisation due to a vaccine-related injury
• Medical bills and /or costs
  AND
• Lost wages and/or income from employment

It is crucial to prepare and organize the evidence indicating your adverse reaction to a COVID-19 vaccine in advance. Make sure you have copies of all of your relevant documents, including your vaccine certificate, evidence of hospitalisation, medical bills, and lost income receipts or payslips ready to be submitted upon request.

The evidence required for claims of $20,000.00 and over are still being developed by the Government and are to be advised of in the future.

What to Do Next

If you believe that you have been moderately to significantly impacted by adverse side effects of a TGA-approved COVID-19 vaccine and may want to make a claim under the proposed scheme, you should notify the Government by registering your interest in making a claim online.

The link above provides access to an online form which requires a claimant to fill in their contact details including:

• Your given name
• Your family name
• Your email address
• Your phone number

You will then be asked to make an acknowledgement that the Department of Health can use the personal information specified above to contact you about the COVID-19 Vaccine Claims Scheme.

Once you are registered, you will be contacted by an employee of the Department of Health who will instruct you when and how you can submit a claim online (once the application process is open).

As previously outlined above, you will need to ensure that you meet the relevant criteria and that you have evidence to support your claim.

Registering your interest or intention to claim in the scheme does not mean that a claim will be subsequently approved once it is submitted.

How Henry Carus + Associates Can Help

The lawyers at Henry Carus + Associates have unparalleled experience navigating the complexities of government and insurance schemes. We are proud to advise those who have suffered adverse events after receiving approved TGA-approved vaccines for COVID-19.

Contact us today for a free, no-obligation consultation. Our team will review your case and advise you how to register your interest in filing a claim.

The post No-Fault COVID-19 Vaccine Indemnity Scheme appeared first on Henry Carus + Associates.

Once you have your TAC claim accepted you become a part of the TAC world, and you are likely to come across some commonly used terms. Some of these terms you may already be aware of, others you may not.

Although as lawyers we regularly communicate with the TAC on behalf of our clients, there are often times where you, as the injured person, will communicate with the TAC directly. For this reason, we believe it is important to educate you so you are better equipped in your future interactions with the TAC.

At Henry Carus + Associates, we believe that as lawyers we have an obligation not only to act and advocate on your behalf, but to also educate you along the way.

Here are 10 terms worth looking at:

1. Transport Accident Charge –

• the “transport accident charge” is a premium each person pays when they register or renew their motor vehicle registration in Victoria. This amount goes directly to the TAC and is used to fund their operation, as well as providing benefits and lump sum compensation to the injured. Next time you renew your vehicle registration, look out for this!

2. Medical Excess – At one time you required to meet the costs of initial medical care up to what was referred to as the “medical excess”. Currently the excess is at $651 for accidents before 14 February 2018. After that date there is NO medical excess and TAC can start paying medical providers directly from the start. Even for those claims where the medical excess still applies, it will be waived if you were admitted to hospital as an inpatient – generally an overnight stay.

3. Benefits – the TAC are responsible to provide “benefits” to persons injured in transport accidents. These benefits are extensive and include hospital, medical, rehabilitation and household support services, medication, equipment and travel expenses.

4. No-Fault Scheme – the TAC operates as a “no fault scheme”, which means benefits can be paid to an injured person, regardless of who caused the accident.

5. Loss of Earnings (LOE) – “loss of earnings” refers to income support the TAC is required to provide people for their inability to work due to their accident injuries. Generally, the TAC will pay 80% of your pre-accident weekly earnings if you haven’t returned to work; or 85% of the gap between your pre-accident weekly earnings and your post-accident weekly earnings if you have returned to work in a reduced capacity. These benefits are payable up to 18 months after the accident.

6. Loss of Earning Capacity (LOEC) – “loss of earning capacity” are benefits payable to a person when they have lost a capacity to earn income because of their accident injuries. It is calculated as the difference between your pre-accident earning capacity and your post-accident capacity to earn income. These benefits are available for a further 18 months and kick in at the 18-month anniversary of your accident – when loss of earnings benefits cease.

7. Lump Sum Compensation – there are two kinds of “lump sum compensation” an injured person may be entitled to from the TAC – (1) an impairment benefit; and (2) common law damages. It is important to note that these payments are tax free!

8. Impairment Benefit – an “impairment benefit” is a one-off lump sum payment that can be made to an injured person if they have suffered a permanent injury, physical or psychological. The term impairment measures the extent the injuries have affected your function or movement, both physically and mentally. To be eligible for an impairment benefit your combined impairment rating must be assessed by Medical Specialists as being greater than 10%. Impairment benefits are payable to injured persons regardless of who caused the accident.

9. Common Law Damages – the purpose of “common law damages” are to compensate an injured person for the change the accident injuries have had on their life. There are two elements that must be established to be successful in a claim for common law damages – (1) you need to have suffered a “serious injury”; and (2) somebody else was at fault for causing your accident injuries. You may be entitled to an award of common law damages, even if you don’t reach the required threshold for an impairment benefit.

10. Serious Injury – a “serious injury” can be defined in a number of different ways. The legislation defines a serious injury as (1) a serious long-term impairment or loss of a body function; (b) permanent serious disfigurement; (c) severe long-term mental or severe long-term behavioural disturbance or disorder; or (d) loss of a foetus. Alternatively, if your impairment rating is assessed at 30% or more, you are automatically deemed to have suffered a serious injury. Whether you have suffered a “serious” or “severe” injury will depend on how significantly an injury has impacted upon your activities of daily living, recreational activities, ability to work or overall enjoyment of life. It is the overall change in the quality of your life that constitutes entitlement to a serious injury certificate.

We are confident that having a good understanding of the above terms will improve your overall understanding of the law and will enable you to communicate more effectively with the TAC.

As Albert Einstein once famously said, “if you can’t explain it simply, you don’t understand it well enough”. At Henry Carus + Associates we have a strong understanding of personal injury law and TAC claims – it is our job to explain it to our clients in a simple fashion, and to educate the injured.

The post A Guide to Help You Communicate with the TAC – 10 Terms You Should Know appeared first on Henry Carus + Associates.

At Henry Carus & Associates we are creating a series of presentations to help explain ideas within the law – especially personal injury law – which may be very difficult for the average person to understand. To begin this informational series, we will start with an example of a recent jury verdict and judgment that our firm was very happy to achieve for one of our clients. The subject is “what if my accident occurred a really long time ago?”

Time Is Your Friend

We have countless discussions with our clients about the process of litigation and the process of trying to achieve a great result for them when they’ve been injured. During these conversations, we constantly remind them that “time is their friend.” Many times, it’s difficult for our clients to understand this because they think that if they can rush through the process and get their settlement, the entire process will be over. They often believe that their suffering will come to end, and everything will be normal again. This is rarely the case. The truth is that the litigation process and the claims process stop, but their injury and the consequences that come along with it, remain.

Over the course of his 33 year career, Henry Carus has had a chance to watch what happens to injured persons over time. In his experience, time is a great aid in allowing to see the full consequences of an injury and how much it changes the quality of a person’s life. If you rush through your case and get it resolved really fast, you’re not giving a chance for time to have its impact.

Personal Injury and Psychiatric Disorders

To bring this into perspective, let’s talk about what happened this past week. One of our clients received a judgment that we obtained after trial. It entailed 8 days in a WorkCover jurisdiction where our client came to us 13 years after her work incident. She was in a store and was the victim of an armed robbery. The traumatic incident left her with ongoing post-traumatic stress disorder. The woman tried to manage it as best she could. She moved on with her life and got another job someplace else. She tried as much as possible to leave the event behind but the post-traumatic stress was too much, and the effects lingered. Eventually, it led to a total collapse of ability to deal with her world.

In her case, we asked WorkCover for a serious injury certificate for her and it was rewarded. We asked for compensation and they refused. We chose to take the matter to court and litigated it in front of a jury. As a result, the jury had a chance to see the terrible consequences that this woman has had to deal with 17 years after her traumatic event. This was a very unique scenario. Usually, we don’t get the chance to present a distressed person this late after their accident.

Compensation for a Psychiatric Injury

If your incident occurred in a work environment or dealing with the TAC in a motor vehicle environment, you generally have six years from the date of your injury. Unless you are a minor, and then we can discuss that differently. Assuming you are an adult, you have six years. Is the law that strict? No. The law always will look at your circumstances and if there is a reason, it will give you extra time to bring proceedings and seek compensation.

In this woman’s case, we thought a reasonable amount to ask the jury for was 200 thousand dollars. The jury decided that this amount was in fact, not enough. The quality of this woman’s life had been so devastated, the jury awarded her 550 thousand dollars. This is incredibly more than anyone else has received in Victoria for a psychiatric injury of this nature.

The statutory maximum that you are able to receive in a WorkCover matter of this type is $598,360. Her reward was pretty close to being the maximum. We believe this result will change the way people with psychiatric injuries will be treated and change the way that compensation is awarded. We are not aware of anyone else who has received this amount of compensation for a psychiatric injury in Victoria.

At Henry Carus & Associates, we hope that news of this event spreads far and wide. We hope that everyone who has a psychiatric injury, or family members who have to deal with someone with a psychiatric injury arising from a work event, will feel support that juries will come to their aid when they seek compensation.

Contact Henry Carus & Associates for Legal Advice

We hear of other firms in town that speed matters along. We also hear of insurance companies that are happy to resolve matters quickly. We are not confident that speed is always to the best benefit of an injured person. Time can be your friend, time can let things develop. If you have patience in your case, incredible outcomes may come about. If you are in a situation where your accident happened many years ago and you think you’re out of time, rethink it. Come see us at Henry Carus & Associates. Let us have a chance to look at your case and determine whether or not we believe compensation is available for you. Contact us today.

The post What if My Psychiatric Accident Happened a Long Time Ago? appeared first on Henry Carus + Associates.

At Henry Carus + Associates, You Deserve More. That is why our team of experienced injury lawyers work hard to ensure our clients get all the compensation they deserve for injuries suffered in a road accident.

• We understand how the Transport Accident Commission (TAC) works – and we know how to obtain maximum payments for the clients we serve. That includes compensation through no-fault benefits and common law lump sum payments, if applicable.

• We know how to prepare a claim in anticipation of the TAC’s defensive actions. Instead of getting upset about what the TAC does, we spend our time doing what is necessary for our clients to win.

What Henry Carus + Associates Can Do For You

Here is an example of the difference our efforts can make. We assisted a man who had been hit by an unidentified vehicle. The TAC provided our client with no-fault benefits and issued her a serious injury certificate, but they rejected his common law claim because they said no vehicle had been involved. We gathered all necessary evidence and ran the matter in court and the jury totally accepted our client’s claim. We asked the jury for $550,000 in compensation and they awarded our client $950,000.

Would you like to see what Henry Carus + Associates can do for you? It costs you nothing to find out, and there is no financial risk to working with us because we handle TAC claims on a No Win, No Fee basis. Contact us today.

Compensation for Minor Injuries

Some accident victims are fortunate enough to get by with only relatively minor injuries. If you are one of the lucky ones, you may still wonder how much you can receive from the TAC and whether it is worth it to hire a lawyer to handle your claim.

Firstly, it is important to recognise that many injuries that initially appear to be minor can turn much more serious later on. Many times, in the immediate aftermath of an accident, the adrenaline is pumping so much that you may not realise how seriously you have been hurt. Some potentially life-changing or life-threatening injuries may not show immediate symptoms. For example, traumatic brain injuries, internal bleeding and severe neck and back injuries may not be apparent right after the collision.

The time after a crash is no time to act tough.

Be certain to get a full medical examination as soon as possible and let the doctor know that you were involved in a crash.

Tell the doctor all your symptoms, even the ones that may seem minor to you.

If your injuries do in fact turn out to be minor, you are still entitled to no-fault benefits from the TAC to cover all your reasonable medical expenses for treatment and replacement of lost wages. Because the TAC is a no-fault scheme medical benefits are paid to an injured party regardless of who caused the accident. If you do not require hospitalisation and your injuries are not considered “serious” under the law, you will not be able to lodge a common law claim.

The team at Henry Carus + Associates still wants to speak with you even if you think your injuries were minor. We may be able to help you get more no fault benefit support than you thought you could receive. It costs you nothing to find out how we can help.

Caps on Damages Under TAC

If your road accident caused injuries that are deemed “serious” under the TAC legislation – and another driver was at least partly at fault for your accident – you may be able to recover additional compensation through a common law claim.

In addition to the severity of your injuries, many other factors could affect how much money you receive. For example, your age, your lost earnings and how your injuries affect your profession or lifestyle, among other issues, will likely play a role in your total benefits. The experience and tenacity of your lawyer could also affect the size of your financial recovery.

The TAC does set limits on the amount of benefits that it will pay for certain losses. According to the TAC’s Indexation of benefits schedule, the following caps are applied to common law damages claims as of 1/7/16:

• Maximum loss of income, past and future: $1,188,180
• Maximum pain/suffering: $528,050
• Maximum Death claim: $864,900

There are also limits to the amount of common law compensation you can receive as of 1/7/16:

• Maximum Impairment Benefit: $171,670
• Maximum weekly loss of earnings: $1,260
• Minimum weekly loss of earnings: $618
• Maximum weekly loss of earning capacity: $1,070
• Minimum weekly loss of earning capacity: $574
• Weekly safety net income benefit: $1,260
• Post hospital support allowance: $4,920

How Is the Amount of Compensation I Deserve Determined?

The amount of compensation you may be entitled to is assessed by how much the serious injury has affected the quality of various aspects of your life, such as:

• Your ability to be without constant pain, either with or without pain medication
• Your ability to get a good night’s sleep
• Your ability to freely move about as you did before the accident
• Your ability to take care of your own personal needs
• Your ability to address your domestic duties
• Your ability to be take part in your former social and recreational activities
• Your ability to take part in exercise programs or sporting activities
• The quality of your personal intimate relationships
• Your ability to return to your occupation, either part time or full time, or the ability to find any work at all

These are all the consequences to the quality of life of a seriously injured person and to that picture are any disfigurements that have occurred as a result of the injuries or the operations needed to address your injuries. Add to that any psychiatric injury caused by the accident or which develops because of the loss of quality life.

Whether any of these aspects are a part of your claim is a matter for you lawyer to consider and provide you with proper advice. The more each aspect is considered and added to your claim, the more your claim is likely to increase in value.

Compensation With and Without Hiring Lawyers

Navigating your way through the TAC’s claim process can be complex, especially in the wake of what is often a traumatic incident. Although it is possible to lodge a claim with the TAC without the assistance of a lawyer, the complexity of the TAC’s rules, policies and regulations makes it unlikely that you will recover the full benefits that you deserve under the law without legal help.

And that is where Henry Carus + Associates can assist you.

Our team’s experience and the ability of our personal service firm to be across the intricacies of all the areas of the law involved means our practitioners are well placed to get our clients the results they are looking for.

This is in contrast to larger, less personally-oriented law firms, where a client is likely to be transferred from one practice group to another just to manage the complicated matters and without a complete understanding of all the legislation involved. More importantly, we pride ourselves on maintaining a close relationship with the client – an element that larger firms can often lack.

Contact Us Today to Schedule a Free Consultation

Our firm has many years of experience working with the TAC, and we understand what is required to get the results we believe you need.

Contact us now to find out how we can put our experience to work on your behalf to help you get the maximum compensation you need and deserve for your road accident injuries.

The post How Much Compensation Am I Likely to Receive After a Road Accident? appeared first on Henry Carus + Associates.