Accident Injury Claims Information
Unclaimed compensation is fast becoming more common than unclaimed Superannuation. The vast numbers of people who sustain and injury at work, in a car accident or in a public place and fail to lodge an accident injury claim is surprising.
Gary Whelan, Director and founder of the Australian Injury Helpline since 2000, says; “Many people are just unaware of their legal rights to compensation which means they simply miss out on what is rightfully theirs”.
Whilst the laws in Australia vary between different States and Territories, the common lack of awareness seems to be apparent nationwide.
Mr Whelan also said “People are missing out on tens of thousands of dollars in injury compensation mostly through failing to seek independent information”.
The following causes for such an upward trend as specified by the Australian injury Helpline include a lack of awareness and failing to follow protocol. The Australian Injury Helpline offer free services and can be contacted on 1300 188 784 for free information, forms and advice.
Lack of awareness
A number of people are unaware of their non-statutory rights. For example, people on workers compensation accept what is offered without seeking any legal advice. Legal advice is recommended by workers compensation insurers i.e. Work Cover. Often when a claim is accepted any future rights to compensation are lost.
If an accident has been due to negligence a common law claim can be sought. A common law claim or negligence claim is an accident injury claim available outside of statutory compensation and the services of an accident injury lawyer can be detrimental for getting a sufficient payout.
Not following the right procedures
There is a correct process or protocol which needs to be followed to ensure you;
- Are eligible to claim accident injury compensation
- Receive sufficient accident injury compensation i.e. the maximum benefits
Taking the right steps following an accident is critical to the outcome. Failing to obtain the right information and advice is a common mistake many people make. Not claiming within a certain time frame is another fatal error.
Failing to obtain legal advice
Discussing an offer of accident injury compensation with a legal representative or a vehicle injury lawyer means you will get an expert opinion on your award. Insurance companies offer lump sum payments which may or may not be sufficient. For example of you receive an offer of a lump sum payment for a permanent injury, will it be enough to cover future economic losses? Discussing your insurance claim with an injury helpline will assist you.
Not claiming within a reasonable time frame
There are rules that apply to accident injury claims. In most States and for most types of claims, accident injury claims have to be in a given time period. For example, a road accident claim must be reported to the police within 28 days. Failure to do so will mean you not be eligible to an insurance claim.
If you have suffered an injury from a road accident, at work or from a slip trip or fall in a public place always follow the correct procedures:
- Report the incident
- Seek medical attention regardless
- Call an injury helpline for information, forms and advice