At the end of your workers’ compensation claim for work injury, the workers’ compensation insurer may issue you with a document called a “Notice of Assessment”. This document will list all your injuries sustained in your work accident and accord a degree of permanent impairment assessed by a doctor for each injury, and a total of the degree of permanent impairment assessed for all your injuries.
Tag Archives: personal-injury-lawyers
Lump Sum Offers in Workers’ Compensation Claims
At the end of your workers’ compensation claim you may receive a Notice of Assessment from the workers’ compensation insurer allocating a permanent impairment percentage for your work injury. If you don’t know what a Notice of Assessment in a work injury claim is and would like to know more, please read our website post on Notices of Assessment at the end of your workers’ compensation claim.
Notices of Assessment & Permanent Impairment for Work Injury
Permanent Impairment is a percentage of impairment of bodily functioning allocated to an injury. Looking at your body as 100% functioning, an injury can impair your body’s normal functioning to a certain extent. This impairment in functioning is assessed by trained medical experts and accorded a percentage. The more serious the injury and its impact on your ability to function normally, the higher the percentage of permanent impairment accorded to the injury. For example, you may have sustained a back injury at work and doctors may assess your back injury as causing you a loss of bodily functioning of 10%.
Permanent Impairment in work injury claims in Queensland is assessed under the Guide to Evaluation of Permanent Impairment or GEPI as it is more commonly called.
When Statutory Lump Sum Offers are Made by Workcover or Workers’ Compensation Insurer
If your work injury has been assessed as suffering permanent impairment of more than 0% in your Notice of Assessment issued by Workcover (or the self-insurer) at the end of your workers’ compensation claim, you will be Continue reading
Personal Injury Lawyers’ Warn Don’t Ignore Minor Accident Injuries
As personal injury lawyers we often see cases where what are considered minor injuries sustained in an accident, becoming long term problems later on, interfering with everyday living activities and employment and in some cases, even requiring surgery down the track.
Whiplash & Strain Injuries Can Become Long Term Problems
A prime example of this are whiplash or strain injuries from motor vehicle accidents. Often victims of these types of injuries are told their injuries will improve over a short period of time, leaving them with no long term problems. However, although these types of injuries can improve initially in the weeks or months following an accident, they can tend to “hang around”, flaring up with certain activity and becoming long term problems for their sufferers.
Whiplash injuries can result in ongoing headaches, neck pain & stiffness & can restrict everyday living and Continue reading
How Much Compensation Will I Recieve For My Personal Injury Claim?
No Win No Fee Personal Injury Lawyers are often asked this question when taking enquiries about personal injury claims. And understandably so. If you’re considering whether you’ll take legal action by way of a personal injury claim, then you’ll want to know how much compensation you are looking at achieving in taking that step. You need to know it will be a worthwhile process.
Calculating Personal Injury Claim Compensation Amounts
It is just not possible for a personal injury lawyer to tell you point blank, you’ll receive so much compensation for your personal injury claim, just by the injury you have sustained. There are numerous variables to be considered. No one personal injury claim is exactly like another, because each of these variables will be different for each individual claimant.
The major variables to be considered when calculating personal Continue reading
What’s a Compulsory Third Party Insurance Claim?
No Win No Fee Personal Injury Lawyers specialise in all areas of personal injury law, including Compulsory Third Party Insurance Claims.
What is a Compulsory Third Party Insurance Claim, or “CTP Claim”, as they are also known? A Compulsory Third Party Insurance Claim, or CTP Claim, is quite simply a claim for compensation for injuries sustained in a motor vehicle accident. In other words, a motor accident injury claim.
The reason we use the term, “Compulsory Third Party Insurance Claim”, is because motor accident injury claims in Queensland, although brought against the at-fault driver, are actually paid for by the Compulsory Third Party Insurer (CTP Insurer) of the at-fault vehicle.
Compulsory Third Party Insurance
Compulsory Third Party Insurance is motor vehicle insurance that insures at-fault drivers against claims for motor accident injury. Under Queensland law, it’s mandatory for all motor vehicles on Queensland roads to be insured for Compulsory Third Party Insurance. It is a compulsory requirement, and hence the title, “Compulsory Third Party Insurance”.
Oddly enough, and despite its compulsory nature, many car owners are unaware they have CTP Insurance attached to their vehicle. This is most likely because, in Queensland, CTP Insurance is automatically included in your annual motor vehicle registration fees.
Often people confuse CTP Insurance with Comprehensive Motor Vehicle Insurance. However, CTP Insurance is completely separate and distinct from Comprehensive Motor Vehicle Insurance. Whereas CTP Insurance insures against motor accident injury, Comprehensive Motor Vehicle Insurance insures solely against vehicle and property damage resulting from a motor vehicle accident.
Unlike CTP Insurance, Comprehensive Insurance, is not compulsory. A motor vehicle owner can choose not to take out Comprehensive Insurance to cover claims for vehicle & property damage.
Most significantly, the purpose of CTP Insurance is to ensure that all those injured on Queensland’s roads have recourse to compensation for their injuries and any resultant loss and damage sustained as a consequence.
What is a Common Law Claim?
No Win No Fee Personal Injury Lawyers are experts in personal injury claims, including Common Law Claims. A Common Law Claim is what most of us know as a lawsuit. It is where you sue a party who has wrongfully or negligently caused you to suffer injury, to obtain compensation for your injury and any resulting loss and damage. Examples of this are where you sue an at-fault driver for injuries you suffer in a car accident, or suing a Shopping Centre for injuries sustained because of unsafe premises.
The Difference Between a Common Law Claim and a Statutory Claim
Common Law claims are claims you have at Common Law. “Common Law” is law that has developed over many years of judicial decisions (Court decisions). It is to be distinguished from “statutory law”, which is law enacted by legislation or statute. Rights or entitlements we have at Common Law can only be altered by legislation specifically restricting or adding to them.
A good example of this is in the case of work injury claims in Queensland. When a worker in Queensland is injured at work, on their way to or from work or during a work break, they have a right to bring a workers’ compensation claim. A worker’s right to workers’ compensation is not a Common Law right. It is a right provided by way of legislation or statute, more specifically, the Workers’ Compensation & Rehabilitation Act 2003. Hence, often workers’ compensation claims are referred to as “statutory claims”.
Common Law Claims For Damages for Work Injury
But workers in Queensland also have another right to claim compensation when injured at work. This secondary claim is their Common Law right to claim damages, and hence is called a Common Law Claim for Damages. It is where the injured worker brings a legal claim, or law suit, against their employer, to obtain lump sum compensation for their work injury and any resulting loss and damage caused by their injury.
Workers’ Compensation & Work Injury Lawyers
As personal injury lawyers, we see the impact work injuries can have on a worker and their family. So, it is fortunate that in Queensland we have a Scheme where injured workers are able to receive benefits to assist with their medical treatment and rehabilitation and to pay their lost wages whilst they are unable to work due to their work injury. This Scheme is called “Workers’ Compensation”.
Our Workers’ Compensation Scheme in Queensland is a no-fault based scheme. This means, whether you think you have caused or contributed to your work injury occurring does not matter. You are still entitled to claim workers’ compensation for your work injury no matter fault.
In Queensland, Workers’ Compensation is available to anyone injured in the course of their work, on their way to or from work or during a work break.
Tom Cruise – Risky Business for Personal Injury Claims
Did you know that in the late 1990s, when Tom Cruise was scheduled to come to Queensland to make his movie Mission Impossible II, this influenced personal injury law in Queensland & in particular, motor accident claims? Well it actually did.
In the new noughties, legislators were working on Queensland’s new Motor Accident Insurance Scheme for those injured on our roads. The Scheme is known by most of us as Compulsory Third Party Insurance, or CTP Insurance. CTP Insurance is compulsory for all motor vehicles driven in Queensland, and Australia. This insurance provides those who are injured on our roads, due to the fault of another, with compensation for the injuries they sustain, as well as for any resultant loss and damage they suffer because of your injuries.
The legislators were concerned that Cruise, who was at the time earning around $20million a movie, might be injured in a motor vehicle accident whilst visiting Queensland, and if he was unable to continue his acting career because of his injuries, would have an enormous motor accident claim that could send the Motor Accident Scheme in Queensland into meltdown.Continue reading