연말은 도로가 매우 바쁘고 사고가 잦게 발생하는 달입니다. 따라서 오늘은 연말연시 도로에서 안전하게 운전하는 방법에 대해 알아보도록 하겠습니다.
또한, 음주 운전이나 휴대전화 사용은 절대 금물입니다. 이러한 위험을 감수하지 말고 안전 운전에만 전념해 주세요.
안전한 연말연시 보내시고 새해에는 행복과 건강이 함께하길 바랍니다.
호주에서 지내다보면 사고나 갑작스러운 질병으로 인해 응급실을 이용해야 할때가 있습니다.
메디케어나 사보험 카드도 함께 제출 합니다.
방문 이유를 설명하고 다음과 같은 사항을 알립니다:
1. GP선생님께서 응급실로 방문하라고 하셨을 경우
2. 알레르기 유무
3. 복용중인 약
4. 임신중이거나 수유중인 경우
5. 최근 해외여행 유무
필요에 따라 피검사나 엑스레이등 검사를 받게 됩니다.
응급 진료 후 결과에따라서 전문의를 보는경우 ,
병원에 입원하는 경우, 의료진이 한동안 더 상태를 관찰하는 경우,
깁스나 상처봉합 등의 치료를 받는경우
약을 처방 받는경우,
전문의 치료를 위하여 다른 병원으로 이송되는 경우 또는
그냥 귀가하게 되는 경우 들이 있습니다.
만약 치료를 받기 전에 상태가 호전 되거나 GP를 보기로 결정하여서 귀가하기로 결정하였다면,
언제든 응급실을 떠나실 수 있습니다. 다면 추 후 그에따른 문제가 생긴다면 병원은 책임을 지지 않습니다.
꼭 응급실 접수원이나 간호사에게 귀가 의사를 알리고 응급실을 떠나는것이 좋습니다.
어떤 치료를 받으셨는지, 어떤 사후 관리가 필요한지 충분히 이해하기
처방받은 약이 어떤 약인지 왜 복용하게 되는지 안내받기
언제 다음 진찰을 받아야하는지 어떤 의사선생님을 보는지 체크(GP, 전문의, 외래진료)
필요에 따라 GP선생님께 보내는 레터 또는 Work Cover 나 CTP Medical
Certificate와 같은 진단서받기 소지품 챙기기 등이 있습니다.
퀸즐랜드 퍼블릭 병원에서 응급실 비용은 메디케어 소지자에게는 무료이지만
메디케어가 없다면 비용을 지불하게 됩니다.
하지만 진행하시는 CTP클레임이나 WorkCover클레임이 있다면
무료로 서비스를 받으실 수 있습니다.
메디케어를 가지고 계신다고 해도 서비스 비용을 지불하게 됩니다.
Private Hospital이 커버가 되는 사보험이 있을시에는 퍼블릭 병원을 간다고 해도
사립병원으로 이송될 수 있기 때문에 바로 사립 병원을 가는것이 좋습니다.
Rin Kim Law offers its compensation law services on a No Win No Fee basis.
This means that we are prepared to enter into a transparent costs agreement with clients that provides that Rin Kim Law is willing to defer payment of its legal fees and disbursements necessary to pursue your personal injury claim until Rin Kim Law has achieved a successful result. Our legal fees and disbursements are then deducted from the successful settlement in an amount that is transparently calculated by the methodology set out in our costs agreement.
This means that we can provide you with the necessary legal support to pursue your legal rights without any upfront financial burden.
If your claim is ultimately unsuccessful for any reason beyond our control (such as an adverse court finding), you will not be required to pay our incurred legal fees.
Rin Kim Law offers its compensation law services on a No Win No Fee basis.
This means that we are prepared to enter into a transparent costs agreement with clients that provides that Rin Kim Law is willing to defer payment of its legal fees and disbursements necessary to pursue your personal injury claim until Rin Kim Law has achieved a successful result. Our legal fees and disbursements are then deducted from the successful settlement in an amount that is transparently calculated by the methodology set out in our costs agreement.
This means that we can provide you with the necessary legal support to pursue your legal rights without any upfront financial burden.
If your claim is ultimately unsuccessful for any reason beyond our control (such as an adverse court finding), you will not be required to pay our incurred legal fees.
Capped Legal Fees: Our legal fees are capped in accordance with section 347 of the Legal Profession Act 2007 (Qld), and the methodology for assessing our legal costs and outlays are set out in our costs agreement.
Transparency: At Rin Kim Law we have a plain english costs agreement that transparently sets out how our costs and outlays are incurred and charged. We also allow for our costs and outlays to be independently assessed by a registered costs assessor from the Queensland Court Register of Costs Assessors should further independent transparency be required.
No Win, No Fee is a legal agreement that lets you get legal help without paying upfront costs. It’s also called a “Conditional Fee Agreement”. Under this agreement, you only pay us professional fees if we achieve a successful outcome on your behalf.
If your case does not achieve a successful outcome, you do not need to pay us any legal fees. This means if you need help with a contested compensation claim, you have some peace of mind that we have taken your contested matter on without financial cost to you.
At Rin Kim Law, our No Win No Fee policy is available in respect of the following services:
Navigating the intricacies of a compensation claim can be daunting, especially when financial concerns are at the forefront. At Rin Kim Law, we alleviate these worries with our client-focused approach:
No Win, No Fee Policy: Our commitment to justice is reflected in our “No Win, No Fee” policy. This means that if we are unable to win your case, you won’t have to pay our legal fees. We shoulder the risk so that you can pursue your claim with peace of mind.
Eligibility for Superannuation Claims: If an injury has left you unable to work, you may be eligible for superannuation claims and compensation. Our experienced team will guide you through the process to ensure you receive the benefits you are entitled to.
Focus on Your Recovery: With Rin Kim Law by your side, you can concentrate on your recovery while we handle the legal complexities. We are dedicated to ensuring that you receive the compensation you rightfully deserve.
Rin Kim Law offers its compensation law services on a No Win No Fee basis.
This means that we are prepared to enter into a transparent costs agreement with clients that provides that Rin Kim Law is willing to defer payment of its legal fees and disbursements necessary to pursue your personal injury claim until Rin Kim Law has achieved a successful result. Our legal fees and disbursements are then deducted from the successful settlement in an amount that is transparently calculated by the methodology set out in our costs agreement.
This means that we can provide you with the necessary legal support to pursue your legal rights without any upfront financial burden.
If your claim is ultimately unsuccessful for any reason beyond our control (such as an adverse court finding), you will not be required to pay our incurred legal fees.
A No Win, No Fee arrangement offers you a way to seek justice without any financial risk. There is no need to pay for legal fees or outlays upfront, which means you can seek legal assistance for a personal injury claim regardless of your financial situation.
Motivated Legal Representation: No Win, No Fee lawyers are highly motivated to secure positive outcomes for their clients as they will be paid only if they achieve a successful outcome.
Financial Security: Suffering from a personal injury often leads to significant financial strain. Medical bills, lost wages, and rehabilitation costs can quickly accumulate. With No Win, No Fee legal representation, you can focus on your recovery without the added worry of legal costs and outlays.
While No Win, No Fee arrangements are available for a wide variety of compensation cases, it is important to arrange an obligation-free initial consultation to determine whether your claim is eligible for this option.
Typically, at an obligation-free case appraisal, the lawyer will assess the strength of your case and inform you about the feasibility of pursuing a compensation claim under a No Win, No Fee agreement.
At Rin Kim Law, we believe in transparency, which is why we operate with clear, plainly worded and comprehensive cost agreements.
A cost agreement is a formal understanding between the lawyer and the client, that details the financial aspects of the legal services provided. It explains our “No Win, No Fee” policy and any additional costs, so you are not surprised by unexpected expenses.
Before we embark on any legal journey together, we ensure that you fully understand the terms of our agreement. This includes a breakdown of potential legal fees, disbursement costs, and any other expenses that might arise during the case.
Accidents happen. But when someone else’s negligence causes your injury, understanding “duty of care” is critical to seeking compensation. This legal principle establishes the foundation for most compensation claims.
In this guide, we will dive deeper into what duty of care entails, how it is established in compensation claims, and the vital role played by lawyers in ensuring justice for injured victims.
Duty of care plays an important role in determining liability and compensation in various situations, such as slip and fall accidents, car accidents, workplace injuries, and other compensation injury claims.
Basic Examples of Duties of Care:
Drivers must obey traffic laws and drive cautiously to avoid accidents.
Property owners must maintain a safe environment for visitors.
Doctors have a duty to provide proper medical care to their patients.
When you suffer an injury, navigating the legal process can be overwhelming, with duty of care being a fundamental pillar in every case.
As the injured party seeks compensation, understanding the concept of duty of care becomes crucial in determining liability.
The onus of establishing the following matters is on you, the claimant, to the civil standard of proof – on the balance of probabilities.
To win a compensation claim, you (the claimant) must prove the respondent (the at-fault party) breached their duty of care. This typically involves four elements:
1. Establishing a Legal Duty: You must prove the respondent had a legal obligation to act carefully and avoid causing harm. This duty arises from the relationship between the parties. For instance, a doctor has a duty to provide reasonable medical care to their patients, and a property owner has a duty to maintain a safe environment for tenants and visitors.
2. Breach of Duty of Care: You need to demonstrate that the respondent’s actions or inaction fell short of their duty of care. This means the respondent behaved negligently, significantly deviating from what a reasonable person in the respondent’s position would have done in the same situation.
3. Causation: A direct link between the respondent’s breach and your injuries is essential. You must show your injuries wouldn’t have occurred if the respondent had fulfilled their duty of care.
4. Damages: Finally, you must prove the financial and non-financial losses you suffered due to the respondent’s breach. This typically includes medical expenses, lost wages, pain and suffering, and the cost of caregiving.
Duty of care refers to the moral or legal obligation one has to ensure the safety or well-being of others. It denotes the responsibility to avoid acts or omissions that could harm others.
In Australia, duty of care is a legal obligation that requires a person or entity to take reasonable care to avoid harm being caused to another.
Duty of care can be seen in a teacher’s responsibility to provide a safe learning environment for students, a doctor’s obligation to provide their patients with proper medical treatment and disclosure of potential adverse side-effects and treatment risks, or a driver’s obligation to adhere to traffic rules and drive with due care and attention.
Actual duty of care (as opposed to a general duty of care) is a more specifically identifiable and defined legal obligation one person has to another, where harm can be reasonably anticipated if that obligation is not met.
For example, a general duty of care in a factory would be to implement and enforce a safe system of work for staff; while an actual or specific duty of care would be to ensure that a particular machine was properly serviced or had suitable safety guards fitted.
Duty of care in the workplace refers to an employer’s obligation to protect their employees’ health, safety and welfare, which includes ensuring a safe environment, proper training, and prevention of bullying or harassment.
Every adult and every worker and all businesses owe their own individual duties of care depending on the situation and the activity they are engaged in at the time. Where any of those dutyholders breach their duty of care and it causes a person an injury in circumstances where such an injury is foreseeable and a clear consequence of the breach, there will generally be a right for the injured person to make a claim for compensation.
If you sustain an injury at work, whether it is a physical injury due to poor work practices or from faulty machinery or a psychological injury due to bullying, it’s important to know that you will generally be entitled to lodge a workers compensation claim.
In Queensland, if you have been injured at work most employers are insured with Workcover Queensland, who will handle those claims largely independent of the employer.
However, if you work for a larger company (such as Coles or Woolworths) they may be self-insured and handle their own workers’ compensation claims through their insurance division and delegated representatives.
Either way, there are a few essential steps you must take to ensure your workers compensation claim is lodged correctly.
Report the Incident: As soon as the work-related injury occurs, make sure to report it to your employer or supervisor. Timely reporting is vital to initiate the workers compensation process.
Seek Medical Attention: Your health and well-being should be your top priority. It’s crucial to seek immediate medical attention for your injuries. Not only this is important for your recovery, but it also establishes a medical record that supports your workers compensation claim. We can provide recommendations for trusted healthcare providers who specialize in workplace injuries.
Document Everything: Keep a detailed record of all relevant information related to your injury and subsequent medical treatment. This includes gathering witness statements, taking photographs of the accident scene if possible, and maintaining copies of medical reports and bills. These documents will be valuable evidence to support your claim.
Notify Workcover QLD (or Employer): Depending on your employer’s insurance coverage, you may need to notify Workcover QLD or your employer directly about the incident and your intention to lodge a workers compensation claim. If you are lodging your workers compensation claim more than three months after your accident/ injury, it is recommended that you speak to a workers compensation lawyer, as there are a number of complications and pitfalls resulting from lodgment after three months.
Consult with a Workers Compensation Lawyer: While injured workers can lodge and manage their workers compensation statutory claims themselves, there are a number of events during the course of the statutory claim which become especially important if you are likely to not fully recover and be left with a residual disability and impairment. Seeking legal advice from a workers compensation lawyer is crucial to protect your rights and navigate the claims process, especially if you need to pursue a common law process in order to secure full and appropriate compensation.
There are different types of workers compensation claims to consider, depending on your situation:
Specific incident workplace injuries: This is where a worker suffers an injury or illness due to a specific workplace accident. To claim, the workers compensation insurer will require evidence establishing that the injury was sustained at the time, date, place and in the manner alleged.
Over Period of Time (OPT) Injuries: These are physical or psychological injuries sustained due to work causes over time. This could be a deteriorating back condition due to performing unsafe heavy lifting at work over time or a psychiatric injury caused by sustained bullying and harassment. To claim, the workers compensation insurer will need evidence of the ongoing exposure to the unsafe tasks or bullying interactions and possibly seek evidence proving that the injury was not caused by other events away from work.
Statutory Compensation Claims: Whether you have a specific injury claim or an OPT claim, once accepted you will generally be entitled to some form of statutory benefits (depending on how long after injury you lodged your claim) on a no-fault basis.
If you have been in involved in a workplace or car accident and sustained an injury, it is important that you consider the following recommended steps to ensure that you fully or recover to an optimal degree, that it is acknowledged that your injury is related to the relevant incident and that any claim that you choose to pursue for compensation is not diminished or declined by the relevant insurer/s.
Watch this video and learn the basics of what to expect from the emergency room doctor, nurses and staff.
Being injured in an accident is stressful and confusing. Add navigating the emergency room (ER) or medical centre waiting room seeking urgent treatment on top of that, and the situation can feel overwhelming. Here are 9 tips to help you after an accident to protect your rights should you wish to make a claim:
1. Be Prepared: Before you even arrive, pack your Medicare card, a list of your medications, and any medical history documents like x-rays or doctor’s notes. Have your emergency contact information readily available.
2. Be Honest and Accurate: Provide accurate information about your accident, symptoms, and medical history to the nurses and doctors. This helps them diagnose and treat you effectively.
3. Focus on Treatment, Not Fault: Avoid discussing fault or liability in the ER. Save that for your lawyer. Focus on getting the medical attention you need.
4. Get Copies of Everything: Request and keep copies of all your medical records, bills, and discharge instructions. These will be crucial for insurance claims and potential legal action.
5. Inform Your Employer (Work Accident): If it’s a work injury, notify your employer immediately and file a report within the required timeframe.
6. Contact Your Lawyer: Don’t wait! Get in touch with your personal injury lawyer as soon as possible. They can advise you on your rights and protect your interests.
7. Don’t Talk to Adjusters: Insurance adjusters may contact you. Do not provide any statements or sign documents without your lawyer’s guidance.
8. Document Everything: Take photos of your injuries, the accident scene, and any damage. Keep a detailed journal of events, symptoms, and medical interactions.
9. Prioritise Healing: The ER visit is just the beginning. Focus on resting, recovering, and following your doctor’s instructions. Your lawyer will handle the legal aspects while you heal.
Bonus Tip: Keep track of all accident-related expenses, including ambulance fees, hospital stays, and medications. This information will be valuable for later claims.
For specific legal advice based on your situation, always consult with a qualified personal injury lawyer.
Exchange names, contact information, driver’s licence, insurance details, and vehicle registration numbers. Do not admit fault or discuss the accident beyond basic facts.
It’s best to contact a personal injury lawyer as soon as possible after the accident. They can guide you through the legal process, protect your rights, and maximise your potential compensation.
Don’t speculate on fault. Your lawyer will investigate the accident and determine liability based on evidence and applicable laws.
You may be eligible for compensation depending on the severity of your injuries, fault, and insurance coverage. Consult a lawyer to assess your individual case.
Seek immediate medical attention and report the accident to your supervisor immediately. Follow all employer protocols for reporting work injuries.
Additional information on required actions are to be found on our more comprehensive news page here.
Workers compensation schemes cover medical expenses and lost wages for work-related injuries. Your lawyer can explain the specific processes and benefits.
Your employer has an entitlement to dispute whether you were injured at work and the nature of the injuries you allege you sustained. Sometimes the workers’ compensation insurer may side with the employer and reject your claim. In that case, you have the right to appeal the decision. This is a review application to the Workers’ Compensation Regulator and must be lodged in the prescribed form within three months of the decision requiring review. A workers compensation lawyer can guide you through the appeals process, which does have some technicalities – simply saying that you disagree and are unhappy with the initial adverse decision is (unfortunately) not an adequate basis for any appeal!
Yes. If you have complied with the preliminary requirements to bring a common law damages claim for employer negligence causing personal injury and you are in a position to bring a claim within the limitation period. It is recommended that injured workers consult with a workers compensation lawyer to ensure that any rights to compensation are properly protected and actioned.
While prompt reporting is crucial, late reporting does not necessarily bar your claim. Seek legal advice as soon as possible to understand your options.
According to the Australian Bureau of Statistics:
In the 2021 -2022 reporting year, approximately 497,300 individuals experienced a work-related injury or illness in Australia.
This figure represents 3.5% of the population that worked at any time during the year.
The predominant cause of these injuries or illnesses was ‘Lifting, pushing, pulling, or bending,’ accounting for 24% of the cases.
About 66% of those affected had to take time off work due to their injury or illness.
Furthermore, 31% of the individuals who suffered from work-related injuries or illnesses received workers’ compensation.
Please consider our 7-step checklist of steps to take after a workplace accident.
1. Notification
As soon as you are injured, notify the relevant people, normally your supervisor and a first aid officer. You should notify, no matter how minor you think the injury may end up being. We see many claims negatively impacted where a worker notifies their injury belatedly and the employer contests the claim due to the absence of contemporaneous reporting. You should also make sure that the injury is properly recorded – either in a first aid record or a lost time record. If the employer does not maintain such records then send your employer an email as soon as possible after the accident setting out date, time, location, circumstances, witnesses and nature of injury and copy the email to yourself for your own record. Notification may or may not (depending on the nature and severity of the accident) coincide with stopping the dangerous activity – through triggering and alarm or automatic shutdown.
2. Don’t disturb the site of an incident
Don’t touch/move anything at the incident site, unless it is to provide first aid or stop further injury or property damage. This is because the site may need to be investigated.
3. Seek medical treatment
If the injury is serious, make sure an ambulance is called to treat you at the workplace. This might also be facilitated by a workplace first aid officer or nurse with St Johns Ambulance certification.
In our experience, it is better that an ambulance is called and attends than attempting to “quicken” the process by driving yourself or having someone drive you to hospital or to a medical centre. Your injury may have impaired your ability to drive – you do not want to have a motor vehicle accident on the way to treatment and further injure yourself or others.
The ambulance officers will document your injuries and immediate treatment and more quickly facilitate your treatment upon reaching hospital emergency or medical centre.
If you intend to claim workers’ compensation, you will need to obtain from your treating doctor at hospital/ ER department or medical centre a workers’ compensation medical certificate in the required form – a certificate in any other form will not suffice/ be acceptable. This can be obtained from hospital upon discharge or completion of outpatients/ emergency treatment; or from the GP in the course of your consultation.
4. Make a workers’ compensation statutory claim
Initiate your claim with WorkCover QLD (or consult your employer if they are self-insured) promptly to aid your recovery. Statutory benefits are no-fault and will partially cover lost wages for time off work to recuperate and pay for medical and allied health treatment and rehabilitation, pharmaceutical costs, travel costs too and from appointments and other out of pockets and incidentals.
Claims can normally be lodged online or over the phone – remember, however, that WorkCover/ insurer staff are of variable skill, experience, training and compassion – so care needs to be taken to ensure that claims lodged over the telephone need to be carefully considered to make sure the correct details and information is entered on your behalf. Given the nuances and technicalities of a whole range of aspects of entitlement to statutory benefits, it is recommended that injured workers consider seeking advice and assistance from a workers’ compensation lawyer to ensure that your statutory entitlements are properly and fully accessed.
5. Claim acceptance
If WorkCover/ the self-insurer accepts your claim, there are different types of payments and support available. the insurer will manage the claim process via an appointed claim representative. It is important that you maintain contact and an open dialogue with this representative, as statutory claims can be suspended or ended on the basis of inadequate response or compliance with requirements for medical treatment or assessment.
6. Claim finalisation
A workers’ compensation statutory claim ends:- if you recover/ rehabilitate to be able to return to employment
– you reach a “stable and stationary” state, such that your claim can be finalised with an assessment of Work-Related Impairment;
– you reach the maximum entitlement for compensation; or
– your work injury was an aggravation of a pre-existing or underlying condition and the aggravation has now ceased.
At the end of a statutory claim, you can ask WorkCover/ the insurer to have your Work-Related Impairment assessed – resulting in a referral to an appropriately GEPI qualified doctor (physical injuries only) or Medical Assessment Tribunal (all injuries, including psychiatric injuries) to make the assessment and issue a Notice of Assessment.
7. Consideration of Notice of Assessment and Lump Sum offer
assessment of your Work-Related Impairment and a Notice of Assessment has issued, the Notice will incorporate a lump sum offer commensurate to the level of impairment assessed. Depending on whether your impairment was assessed by a doctor or the Medical Assessment Tribunal, you might have an avenue of appeal/ review. If the assessed impairment is above a certain threshold, you may be able to accept the lump sum offer and also proceed with a common law damages claim for negligence against your employer. If the assessed impairment is below the threshold, you will have the option to accept the lump sum and forego any common law damages claim, defer the offer, or reject the lump sum offer and proceed with a common law damages claim. It is recommended that you seek the assistance of a workers compensation lawyer to assess your situation and determine if you have an appeal (and whether you should exercise it) or whether you should accept or reject the lump sum offer and proceed with a common law claim.
Brisbane roads are tough, and 2023 statistics show it: 279 fatalities as a result of crashes, which is 21 fatalities (or 7.1%) fewer than the previous year and 13 fatalities (or 4.9%) greater than the previous five year average. No matter the cause — speeding, drunk driving, or just bad luck — every car accident is unique, and so are the injuries.
Before diving into the most common car accident injuries, remember that immediate medical attention is crucial. Hidden injuries like whiplash or internal bleeding might not show symptoms right away. Understanding these injuries can help you recognise when to seek a doctor’s evaluation, even if you initially feel fine.
Whiplash is one of the most common car accident injuries, occurring in about 75% of survivable car accidents.
Whiplash typically results from a sudden, forceful movement of the head and neck, often during a rapid acceleration or deceleration accident events.
Neck pain, stiffness, headaches, and dizziness
Early medical intervention is key. A doctor can diagnose whiplash quickly, reducing the risk of long-term complications.
Concussions and TBIs are serious injuries with lasting effects.
These injuries result from a sudden impact causing the brain to move rapidly within the skull, which is common in car accidents. Severe impacts may cause the brain to swell, which can result in widespread brain damage if the swell pressure is unable to be released or reduced within time. Finally, a penetrative brain injury can cause a range of permanent functional deficits, depending on the area or brain affected.
A wide variety of symptoms from headaches, confusion, dizziness, nausea, and loss of consciousness through to loss of function (sight, speech, mobility etc).
Don’t gamble with your brain health. Immediate medical attention improves outcomes and speeds up recovery.
Bone fractures are common in car accidents due to the force of the collision.
When the force of the impact exceeds the strength and resilience of a bone. This may involve a direct blow causing a single or comminuted (fragmented) fracture or an avulsion fracture where a portion of bone is pulled away from the main bone. The fracture might also be classified as an “open” fracture (where bone fragments penetrate and are visible through the skin) or “closed” (where the fractured bones do not penetrate the skin to become visible).Bone fractures are common in car accidents due to the force of the collision.
Intense pain, swelling, bruising, immobility (or hypermobility), visible deformity or loss of symmetry, visible wound (where an open fracture).
Early diagnosis and treatment are essential. A doctor can set the break, whether with a cast or surgery, and get you started on rehab.
Soft tissue injuries, like sprains and strains, are incredibly common and can cause serious short- or long-term pain and resulting impairment.
Soft tissue injuries can result from a direct blow (such as bruising and muscular damage) or due to forced extension or hyperextension of the soft tissues due to rapid acceleration or deceleration.
Pain, swelling, bruising, and restricted movement
Early medical evaluation is crucial to prevent chronic pain and long-term issues. A doctor can create a personalised treatment plan, which may involve the RICE protocol (Rest, Ice, Compression, Elevation) and physical therapy to prevent chronic pain and long-term issues.
Spinal cord injuries are the nightmare scenario of car accidents. The force of a collision can damage your vertebrae, ligaments, or the spinal cord itself, with devastating consequences.
The violence of a motor vehicle accident can fracture spinal vertebrae, compromising the spinal cord and canal, or a severe acceleration or deceleration can lead to hyperextension or compression of the neck or spine, causing damage to the spinal cord.
Paralysis, numbness, loss of control over bodily functions
Extensive rehabilitation is often necessary. Some may regain significant function, while others may face permanent disabilities.
Internal injuries, like organ damage and bleeding, are hidden dangers that require urgent medical attention.
Blunt force trauma from a collision can bruise or tear internal organs, leading to internal bleeding.
Abdominal pain, dizziness, fainting, and shock
If you’ve been in a car accident and suspect internal injuries, get to the hospital immediately. The sooner you get help, the better your chances of a full recovery and avoiding life-threatening complications.
Broken glass, flying metal, and sharp objects inside the car can all turn into painful injuries.
Shards of glass, twisted metal, or even your seatbelt in a bad crash can all leave cuts, ranging from minor scrapes to deep gashes.
Clean and dress minor cuts immediately to prevent infection.
Deep cuts pose a higher risk of infection and scarring. Seeking professional treatment right away gives you the best chance of a clean recovery and minimal lasting marks.
Burns are a serious risk, not just from fires, but also from hot engine parts, spilled chemicals, or even heated surfaces inside the car. Explosions can also inflict devastating burns.
Vehicle fires, scalding fluids, and hot car parts can all inflict burns ranging from mild to life-threatening.
Burns require specialised treatment to manage pain, clean wounds, and potentially use skin grafts. Severe burns can lead to long-term issues and require extensive care. In some cases, burn victims need treatment in special burn units.
Chest injuries are a common consequence of car accidents, especially for those in the front seats. The impact on the steering wheel, dashboard, or even your seatbelt can cause serious damage.
The force of the crash can crack ribs, collapse your lungs, or even injure vital organs like your heart and lungs.
Severe chest pain, difficulty breathing, and bruising
Depending on the severity, treatment could involve pain management, rest, or even surgery to ensure your vital organs heal properly. Your chest houses some of your most important organs. Early intervention can make a big difference in your recovery.
Car accidents leave their mark, but some wounds run deeper than others. Psychological trauma, though unseen, can be just as debilitating as physical injuries. Up to 29% of Australians who survive a car crash develop Post-Traumatic Stress Disorder (PTSD), anxiety, or depression.
The sudden violence of a car accident can trigger intense fear and helplessness. These overwhelming emotions can snowball into lasting mental health issues.
Flashbacks, nightmares, crippling anxiety, and intrusive thoughts
Therapy and counselling can equip you with the tools to heal. Seeking help from a mental health professional is crucial to prevent long-term psychological damage.
Ensure your safety, call emergency services, and seek medical attention. Document the scene and exchange information with the other party involved.
See a doctor as soon as possible, even if you feel fine. Some injuries may not show symptoms immediately.
Yes, you may still be eligible for compensation. Consult with a lawyer to understand how partial fault affects your motor vehicle accident claim.
In Queensland, the time limit to protect your rights by commencing legal proceedings in a Queensland court is three years from the date of accident/ injury or three years from your 18th birthday, whichever is the later date. However, the Motor Accident Insurance Act 1994 (Qld) imposes additional pre-litigation requirements and timelines – such that you should lodge a Notice of Accident Claim in the prescribed form within one month of consulting a lawyer or within nine months of the accident (whichever comes first) unless you can provide a reasonable excuse for your delay.
You can receive compensation for medical expenses, lost wages, pain and suffering, and other related costs. Please see our motor vehicle accident news page for further details.
Your entitlement to compensation from a motor vehicle accident will depend on a wide range of factors including the extent to which you were at fault for the accident, the severity of your injuries and the effect those injuries have had on your current and future employment/ employability, and the extent and cost of the medical treatment and rehabilitation for your injuries.
Rin Kim Law offers an obligation-free consultation to consider your individual circumstances and provide you with guidance as to the potential value of your compensation claim and the recommended process for pursuing your compensation entitlements.
Unfortunate incidents can turn your life upside down. In addition to the physical harm and emotional distress, you might face mounting medical bills, lost wages and a resulting uncertain future.
If you’ve been injured in an incident in Brisbane/ Queensland that wasn’t your fault, there are avenues under Queensland law which allow you to claim compensation for your injuries and associated losses.
This guide, specifically for Brisbane and Queensland residents, will explain the incident compensation process in this jurisdiction in a clear and straightforward way.
Having this knowledge hopefully empowers you to better understand your rights and entitlements.
The Motor Accident Insurance Act 1994 (Qld) mandates Compulsory Third Party (CTP) insurance for all registered vehicles. If a motor vehicle driver’s negligence caused you injury as a passenger, pedestrian or other road user, you can claim compensation for pain and suffering and permanent impairment, medical expenses, lost wages and lost opportunity for future employment, lost superannuation, out-of-pocket expenses and (in some cases) personal care from the at-fault driver’s CTP insurer.
Report the incident to the police.
Seek immediate medical attention and keep medical records.
Lodge a Notice of Accident Claim with the CTP insurer (statutory time limits apply).
Consider legal representation by a CTP lawyer for a stronger claim.
The Workers’ Compensation and Rehabilitation Act 2003 (Qld) establishes WorkCover Queensland as the main insurer for workplace injuries. Some larger employers hold their own self-insurance workers’ compensation licences. This scheme offers benefits like weekly compensation, medical expense coverage, and lump-sum payments for permanent impairments. There may also be access to a common law damages claim once the statutory claim component is completed.
Notify your employer immediately about the workplace accident and injury.
Visit a doctor and obtain a medical certificate.
Submit a claim with WorkCover Queensland or your employer’s self-insurer (statutory time limits apply).
Consider consulting a workers compensation lawyer for statutory claim disputes/ rejections or to maximise any common law damages claim.
The Civil Liability Act 2003 (Qld) covers impairments sustained in public places due to another party’s negligence. This could be a slip and fall at a shopping centre or a park.
Gather evidence like photos and witness statements from the scene.
Seek medical attention and keep medical records.
Inform the property owner or manager about the incident.
File a claim in the prescribed form with the at-fault party detailing the basis of that party’s fault/ responsibility and the details of your resulting injury and damage/ loss.
Consider engaging a public liability lawyer to deal with the technicalities and improve your prospects of achieving appropriate compensation.
In Queensland, the timeframe to make a claim is generally three years from the date of injury or your 18th birthday (whichever is the later date). Injuries sustained over a period of time also have special rules to determine the limitation period.
Further, the specific legislation applicable to the circumstances of your injury impose additional procedural requirements that must be completed prior to that three-year time limit (although there are technical legal steps which can be taken to preserve or prolong those time limits).
Accordingly, it is important to act promptly to ensure that you properly and fully exercise your rights within the applicable limitation period. Failure to do so may result in you losing part or all of your rights to claim compensation. Delays can affect the outcome. Consider consulting a lawyer to ascertain what your limitation period is and to ensure you meet all time deadlines.
What you should do immediately after an accident depends on the severity of your injuries and the type of accident you have been involved in. See our news pages on motor vehicle accident claims, workers compensation claims and public liability claims for additional information.
The timeline can vary depending on the complexity of the case, the severity of the impairments, and the cooperation of the involved parties. If you engage with a personal injuries lawyer, they can provide you with a more accurate estimate based on your specific circumstances. Rin Kim Law offers an obligation-free consultation to review your case and circumstances and the likely timeframe if you were to lodge a claim.
Yes, you may still be eligible for compensation. However, the amount may be reduced based on the degree of your fault. This is known as contributory negligence.
Compensation can cover medical expenses, lost income, pain and suffering, and property damage. Specific entitlements will depend on the details of your case.
While it’s possible to file a claim without legal assistance, having an experienced lawyer can significantly improve your chances of a successful outcome. They can navigate the complexities of the legal system, deal with insurers and other lawyers utilising their expertise and experience and ensure you receive appropriate compensation by reference to amounts recovered in similar cases/ circumstances.
If you contemplate making a compensation claim in the aftermath of an accident causing injury, you will be faced with a lot of potentially confusing legal jargon.
Understanding basic aspects of compensation law is important for you to start to grasp the extent of your legal rights to compensation and the limits and restrictions on those rights.
This article attempts to cut through some of the complexity and jargon and provide you with some useful basic information and resources to understand your rights and whether and how you would like to assert them.
Compensation law deals with legal disputes arising from incidents caused by someone else’s negligence. It aims to compensate the hurt party and deter careless behaviour. This law protects individuals who suffer physical, psychological, or financial harm due to another party’s negligence, such as car incidents, slip and falls, medical malpractice, or faulty products.
Negligence is a central concept in compensation law. It refers to the failure to exercise reasonable care, resulting in harm to another person. To establish negligence, the hurt party must prove:
The defendant owed a duty of care.
The defendant breached that duty.
The breach caused the incident.
The incident led to damages.
Duty of care is the legal obligation to avoid causing harm. This duty varies depending on the relationship between the parties and the context of the situation. For example, drivers have a duty to follow traffic laws and drive safely to prevent incidents.
Causation links the breach of duty to the incident suffered. The hurt party must demonstrate that the defendant’s actions were the direct cause of the incident and that the incident was a foreseeable result of those actions.
Motor vehicle incidents are one of the most common types of compensation cases. Victims can suffer significant physical, emotional, and financial harm. Claims often involve proving the other driver was negligent and caused the incident.
Workplace incidents occur when employees are harmed due to unsafe working conditions, inadequate training, or employer negligence. Workers’ compensation laws typically govern these cases, but additional compensation claims may be possible if a third party is involved.
Public liability claims cover slip and fall incidents in public places, incidents at businesses, and other incidents where someone else’s negligence caused you harm.
Medical malpractice involves harm caused by a healthcare professional’s failure to provide competent care. Examples include surgical errors, misdiagnoses, and medication mistakes. These cases require proving that the healthcare provider deviated from accepted medical standards.
Product liability cases arise when a defective product causes harm. Manufacturers, distributors, and retailers can be held liable if they fail to ensure their products are safe for consumers. Types of defects include design flaws, manufacturing errors, and inadequate warnings.
Compensation claims can be complex. An experienced compensation lawyer can:
Guide you through the claims process, handling legalities so you focus on recovery.
Fight for maximum compensation, covering medical expenses, lost wages, pain and suffering, and future needs.
Navigate the legal system, ensuring your case is handled correctly.
Getting the compensation you deserve after an incident can feel overwhelming. Here’s a simplified breakdown of the compensation claims process in Brisbane.
Your first step is consulting with a Brisbane compensation lawyer. This is your chance to discuss your case, understand your options, and get expert advice. Be sure to bring any medical reports, incident details, and communication with insurance companies.
Strong evidence is the cornerstone of a successful compensation claim. This can include:
Medical records and reports
Witness statements
Photographs of incident scenes
Expert testimonies
Your lawyer will assist in collecting and organising this evidence to build a compelling case.
Once the evidence is gathered, your lawyer will file your claim with the appropriate party, which could be an insurance company or a government agency. This claim will detail your impairments, the incident, and the compensation you seek.
Most compensation claims are settled outside court through negotiation with the responsible party’s insurance company. Your lawyer will handle these negotiations, aiming to secure a fair settlement that covers your medical bills, lost wages, pain and suffering, and other damages.
If negotiations fail to reach a fair settlement, your lawyer will guide you through the court process. While court can be complex, their experience will be invaluable in presenting your case and fighting for the compensation you deserve.
1. Economic Damages: Cover tangible losses such as medical expenses, lost wages, and property damage.
2. Non-Economic Damages: Compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
1. Severity of Impairment: More severe impairments typically result in higher compensation.
2. Impact on Life: The extent to which the impairment affects daily activities and earning capacity.
3. Negligence of Parties: The degree of fault attributed to each party involved.
Been hurt in an incident due to someone else’s negligence? Compensation law can help you get the compensation you deserve.
Understanding the basics empowers you to navigate your claim. But for the best outcome, consult a knowledgeable compensation lawyer. They can fight for fair compensation covering medical bills, lost wages, and pain and suffering.
