Workers’ compensation is a form of insurance that provides financial and medical support if you are injured at work or because of your job. It is designed to cover treatment costs, lost wages, and help you recover so you can return to work safely.
For many people, a workplace injury brings sudden stress and uncertainty. Knowing whether you are entitled to workers’ compensation can make a big difference to your recovery and peace of mind.
If you are unsure about your rights or whether you can make a claim, help is available. At Rin Kim Law, we guide injured workers through the process and provide clear advice so you don’t have to face it alone.
Contact us online or call our team for a free consultation. Our team can help you understand workers’ compensation claims and what steps you may be able to take.
Workers’ compensation is available to most people employed in Queensland, no matter the type of job or work arrangement. According to WorkSafe Queensland, you may be able to claim if you are:
The claim is not limited to physical injuries. It also covers:
If your injury or illness was caused by your work, you may be entitled to claim regardless of your role or industry.
You may be able to make a workers’ compensation claim if your injury or illness is connected to your work. This can include situations such as:
If your health problem arose out of or in the course of your employment, you may be eligible to claim.
When applying for workers’ compensation, you will usually need to provide:
Having this information ready helps your claim to be assessed more quickly. If you are missing some documents, you can still start the process, and the insurer may ask for more details later.
The process to claim workers’ compensation in Queensland is straightforward, but it’s important to follow each step carefully:
Once your claim is lodged, the insurer will review your information and may contact you, your employer, or your doctor for clarification. A decision is usually made within 20 business days.
If your workers’ compensation claim is accepted, you may be entitled to:
The level of support depends on your injury and circumstances, but the aim is always to help you recover and get back to work as soon as possible.
Compensation payments stop in certain situations, including when:
Weekly payments and medical support are designed to cover you while you recover, but they will stop once you’re considered fit for work, you’ve received a lump sum, or your maximum entitlement under the Act has been reached.
If your claim is rejected, it does not have to be the end of the process. You have the right to:
Having the right guidance at this stage can make a significant difference in the outcome.
Dealing with a workplace injury can feel overwhelming, especially when you’re also trying to manage a claim. The team at Rin Kim Law is here to make the process easier for you.
We can help:
With a free, no-obligation consultation, you can speak to us about your situation and get clear advice before making any decisions.
If you’ve been injured at work or developed an illness because of your job, you may be entitled to workers’ compensation. Taking the first step can feel daunting, but you don’t have to face it alone.
Contact Rin Kim Law today for a free, no-obligation consultation. Our team will listen to your situation, explain your options, and help you move forward with confidence.
Hit and run accidents are distressing and often leave victims feeling uncertain about what to do next. These incidents involve a driver causing a crash and leaving the scene without providing their details or offering help.
Even if the driver can’t be found, you may still be able to claim compensation. Australian laws provide options for people injured in hit-and-run accidents through specific government-backed schemes. Whether you were driving, walking, or cycling at the time, you may be eligible for support through legal and insurance pathways.
This guide explains what a hit and run accident is, what steps to take immediately after, and how to claim compensation after a road accident under Australian law.
A hit and run accident happens when a driver causes a crash and leaves the scene without stopping to provide their details or help anyone who is injured. This is a criminal offence under Australian law.
These incidents can involve:
Even if the damage seems minor or no one appears injured, failing to stop and report the incident can still lead to serious legal consequences.
In many cases, the driver is never identified. When this happens, victims can still access compensation through state-based schemes, provided certain conditions are met.
Taking the right steps after a hit and run can help protect your health, support your legal rights, and improve your chances of receiving compensation.
Your safety comes first. Seek medical help immediately, even if injuries seem minor. Some symptoms may appear hours or days later.
In most states, you must report the incident to police within a specific timeframe to be eligible for compensation. Try to do this as soon as possible. Provide as many details as you can, such as location, time, vehicle description, and witness information.
If you’re able, gather details that may help identify the driver or support your claim. This could include:
Save all medical documents, receipts, and communications related to the accident. These may be needed when making a compensation claim.
Even when the driver can’t be identified, following these steps can strengthen your case and ensure you meet the eligibility requirements for a claim.
Yes. In Australia, you can still claim compensation after a hit and run accident, even if the driver responsible is never found.
Each state and territory has a process that allows injured people to make a claim through a government-backed body when the at-fault driver is unknown. In Queensland, this is done through the Nominal Defendant scheme, which operates under the Compulsory Third Party (CTP) insurance system.
To be eligible:
If these conditions are met, you may be able to receive compensation for things like medical costs, loss of income, and ongoing rehabilitation, similar to any other road accident claim.
If you’ve been injured in a hit and run accident, you may be able to claim compensation for a range of losses. The exact amount will depend on the severity of your injuries, your recovery needs, and how the accident has affected your daily life.
Common types of compensation include:
Each case is assessed individually, and supporting documents will be needed to justify your claim.
If you’ve been injured in a hit and run, you can make a compensation claim, even if the other driver is unidentified. The process will depend on the laws in your state or territory, but generally involves the following steps:
Get medical attention as soon as possible. Medical records will be crucial in supporting your claim.
You must report the accident to the police promptly. In Queensland, this should be done within 24 hours. A police report is often required to prove that the incident occurred.
If the at-fault driver is unknown, the claim must be made through the Nominal Defendant. This is a government body that covers compensation in cases involving unidentified or uninsured drivers.
Strict timeframes apply. In Queensland, you usually need to:
*Delays may be accepted in limited circumstances, but acting quickly is recommended.
Include all relevant information in your claim:
Claiming through the Nominal Defendant can involve detailed paperwork and legal requirements. Legal assistance can help make the process clearer and improve your chances of receiving the full compensation you’re entitled to.
While it’s possible to lodge a claim on your own, the process can be complex, especially when the at-fault driver is unknown. A lawyer with experience in hit and run compensation claims can help you:
Legal guidance can take the pressure off during a difficult time and give you a better chance of achieving a fair outcome.
If you’ve been injured in a hit and run accident and don’t know what steps to take, legal advice can help you move forward with clarity and confidence.
At Rin Kim Law, we help people understand their rights, meet legal deadlines, and access the compensation they’re entitled to, even when the driver at fault cannot be identified. We take the time to listen, explain your options in plain language, and support you through every stage of the process.
You can contact us for a free, no-obligation consultation to discuss your situation and find out how we may be able to help.
Get in touch with our team today.
You can still make a claim. In most states, you can apply through the Nominal Defendant if the at-fault driver can’t be identified. Make sure you report the accident to the police and gather any available evidence.
Yes. If you were injured as a pedestrian or cyclist in a hit and run, you may still be eligible for compensation under the same schemes that apply to vehicle occupants.
If the driver is unidentified, you’ll need to show that the accident occurred and was caused by someone else. Police reports, witness statements, and other evidence will help support your claim.
Strict time limits apply. If you miss them, you may lose the right to claim compensation. In some cases, exceptions can apply, but delays should be explained and justified.
Yes, but your compensation may be reduced depending on your level of responsibility. Each case is assessed based on the available evidence.
When you’ve been involved in a car accident, one of the first decisions you’ll need to make is whether to handle your claim directly with the insurance company or to hire a car accident lawyer. While it may seem like a straightforward process to go directly to the insurer, this choice could significantly impact the outcome of your claim.
Understanding the risks and benefits of each option is crucial to making an informed decision.
When it comes to filing a car accident claim, hiring a lawyer can make a significant difference in the outcome. Let us explain why.
A Queensland car accident lawyer has in-depth knowledge of Queensland’s compensation laws, as well as experience with the nuances of personal injury claims. They understand the legal framework surrounding car accidents and can guide you through the process, ensuring all legal deadlines are met and all required paperwork is filled out and filed correctly.
Insurance companies are not Santa Claus. Insurers will invariably do their best to undervalue your compensation. After all, it is in their own best interests to limit how much money they are paying out of their reserves!
A car accident lawyer is best placed to value the full extent of your compensation claim, including pain & suffering, out of pocket & medical expenses, past and future rehabilitation, past and future lost income, narrowing of employment options, loss of job opportunities, and past and future care and support. By understanding all of the potential types of compensation, how they are calculated and what evidence is required to prove each part of your claim, a car accident lawyer ensures you are not short-changed in your settlement.
A court ultimately determines the compensation payable to a claimant based on the evidence provided to it. A court is unlikely to compensate you fully, adequately or at all if you do not have evidence (generally independent) proving what your losses and expenses have been and will be as a result of your car accident. Insurers know this. As a result, the insurers will likely not offer or include compensation for types of loss and damage if a self-represented person either does not claim them or demonstrates that they have any idea how to quantify and prove the amount claimed. For further clarification, you can refer to the case example detailed later in this article.
Self-represented individuals with limited experience often find it challenging to know where to begin in gathering the necessary evidence or information. For example, did you know that the assessment of pain and suffering follows a process outlined in regulations from a separate piece of legislation, distinct from the Motor Accident Insurance Act 1994?
Assembling the necessary evidence to prove the quantum of each type of compensation claimed, in accordance with various legislative requirements, is the specialty of an experienced car accident lawyer. Insurers, when confronted with a claim that is properly identified, particularised, quantified, and supported by evidence, will typically be more inclined to offer a higher settlement than when a claim lacks certain losses, is poorly articulated, or is made without the necessary supporting evidence.
Insurers often push for quick settlements, which may not reflect the true value of your claim. The speed likely dissuades a claimant from seeking a legal opinion on the adequacy of the insurer’s settlement offer until it is too late and the settlement cannot be undone.
A car accident lawyer will act as a powerful advocate, negotiating on your behalf to secure a fair settlement. They know how to present evidence and legal arguments effectively and challenge any low offers made by insurers. With a car accident lawyer, you are less likely to feel compelled to accept a take-it-or-leave-it settlement, which is likely inadequate (see the data below).
If your case involves complex issues, such as disputes as to the cause of the accident or serious injuries that will take you a long time to recover from, having an experienced car accident lawyer on your side can be very important. Again, an experienced car accident lawyer knows what evidence to look for to prove you were not at fault, and how to quantify compensation in cases where your medical recovery (and ability to return to work, and in what capacity) may be uncertain until well into the future.
Dealing with the aftermath of a car accident can be stressful. By hiring a car accident lawyer, you are allowing a professional to take care of the legal complexities while you focus on your recovery. Knowing that an experienced car accident lawyer is working in your best interests gives you peace of mind, allowing you to navigate the recovery process with less stress.
While going directly to the insurer of the at-fault driver may seem like an easy and quick way to settle your claim, there are significant risks involved in conducting a car accident claim without legal representation.
There is no doubt that insurers resolve claims with self-represented claimants far quicker than with represented claimants. But why (if at all) is that a positive? Car accident lawyers would say that a quick settlement with a self-represented claimant generally results in that claim being undervalued.
Consider the data published by the Motor Accident Insurance Commission (MAIC) – Heads of damage breakdown—motor accident personal injury register – Compulsory Third Party (CTP) statistics – Open Data Portal | Queensland Government.
In the 2024 financial year, between ¼ and ⅓ of all claimants chose to self-represent and deal directly with insurers. Finalised claims included payment for treatment and medical expenses in 8,536 cases; however, compensation for pain and suffering was only paid in 7,542 cases, and compensation for economic loss was provided in just 6,722 cases. The only scenario where a claim should resolve without compensation for pain and suffering is if the injury from the car accident fully resolves, leaving the claimant pain-free and asymptomatic. This is rare, as indicated by the 12% of cases where pain and suffering compensation was not paid. In cases where pain and suffering were compensated, it represented 12.2% of the total payments made in 2024.
So, it certainly appears that the reduced number of finalised claims involving payment of pain & suffering and economic loss reflects settlements involving self-represented claimants, who have resolved without claiming one or both of these types of damages.
Insurers are aware that claimants may be eager for or tempted by the prospect of quick financial relief after an accident. As a result, they often offer fast settlements to self-represented claimants. However, settling quickly and directly with an insurer typically means accepting less than what you are truly entitled to. This approach may also leave claimants financially exposed in the future. In Queensland, compensation for car accidents is a once-and-forever payment, meaning that a settlement involves a binding agreement that prevents the claimant from seeking further compensation for the same accident, even if future treatment or loss of employability is related to the car accident.
Insurers are for-profit companies. They make money by taking in insurance premiums, making money through investment of those premiums and paying out compensation less than the paid premiums and investment profits combined. Insurers do not make profits by paying out the maximum correct value of a claim as early as possible. So, an early settlement can only be profitable to an insurer if it is at an amount less than the claim is likely to be worth if it were to proceed to trial at a later date. A car accident lawyer, through their knowledge and expertise, can advise whether an insurer offers proper and reasonable values for your claim at whatever stage of the process it is made.
Insurance companies may focus on tangible costs like medical bills and repair expenses, but they may overlook more abstract yet critical aspects of your claim, such as pain & suffering, emotional distress, and loss of enjoyment of life. A car accident lawyer knows how to properly assess and include non-economic damages in your claim, ensuring you are compensated for all aspects of your injury.
Car accident claims often involve complex issues such as liability disputes, long-term medical conditions, and determining the full extent of injuries. Insurance companies may try to simplify the situation to their advantage. Without legal expertise and assistance, you may not fully understand the legal complexities or how to navigate them. A car accident lawyer can identify key legal issues and ensure that all evidence is presented effectively to support your claim.
If you choose to go directly to the insurer, you must understand that they are not obliged to advise you as to the full scope of your legal rights. Most importantly, insurers are not obliged to make or keep you aware of limitations or entitlement issues which may disentitle a self-represented claimant from obtaining compensation. Working with a car accident lawyer ensures that your rights will be properly protected and that you will not lose your entitlement through expiry of any limitation period, which would otherwise entitle the insurer to deny your claim.
If you decide to hire a car accident lawyer, it’s important to know what the process will look like.
The first step is a consultation, which is often free of charge. During this meeting, the car accident claim lawyer will gather details about your accident, your injuries, and the circumstances surrounding the incident. They will also explain the claims process, your legal rights, and how they can help.
This is a great opportunity for you to ask questions and understand the car accident claim lawyer’s approach to handling your case.
Once you decide to proceed with your claim, the car accident claim lawyer will begin gathering the necessary evidence to support your case. This may include:
Once the necessary evidence is collected, your car accident claim lawyer will quantify your claim and commence negotiations. This involves:
The time it takes to resolve a car accident claim can vary depending on the complexity of the case. In straightforward cases, a settlement could be reached in a matter of months. However, more complex cases involving significant injuries or disputed liability may take longer to resolve.
For example, most medical experts who assess residual physical or mental impairment recommend against making such an assessment until at least 10 months post accident, with their assessment and reporting processes typically taking 1 – 2 months. As a result, it is all but impossible to properly prepare the required medical evidence to support a properly evidenced and quantified car accident claim inside 12 months post accident.
So, if you are self-representing against the Insurer and settling your claim inside 12 months of your accident without the benefit and evidentiary support of expert medical evidence (and other expert evidence that takes time to obtain), you are likely to be fast-tracking your claim to resolution for an undervalued amount.
Your car accident claim lawyer (if you engage one) will keep you informed throughout the process, providing regular updates on the obtaining of supporting evidence and setting expectations regarding timelines while you focus on your rehabilitation and getting your life back on track. Your car accident claim lawyer will also advise you on whether to make or accept a settlement offer, to continue pursuing further negotiations or to proceed with legal proceedings due to the insurer’s ongoing denial of fault and your entitlement to compensation.
While most (99%) of car accident claims are settled out of court, some cases may require litigation if a fair settlement cannot be reached because the insurer denies fault for the accident or refuses to accept that you have suffered the injuries and consequences you allege to flow from the car accident. If this happens, your car accident claim lawyer will prepare the necessary court documents to progress your claim into litigation and to represent you in court. The car accident claim lawyer will prepare all necessary legal proceedings and documents, further prepare your case, and engage a specialist courtroom barrister to present your case against the insurer for compensation before a judge in court to ensure you receive the court-ordered compensation you deserve.
While litigation is typically a last resort, having a car accident lawyer with court/ litigation experience gives you peace of mind that your case will be handled professionally and competently, no matter how complex your case is.
Once your claim is resolved, either through negotiation or litigation, your car accident lawyer will ensure that you fully understand the terms of the settlement and how much compensation you will receive before you sign anything.
To help illustrate the potential adverse consequences of self-represented claimants dealing with insurers over a car accident claim, the recent case of Ford v Baker & Another [2025] QDC 43 provides some sobering lessons.
Mr Ford was initially represented by a personal injuries law firm, but terminated their retainer and proceeded to trial representing himself. It was accepted that he had suffered a significant orthopaedic injury (assessed by the insurer’s medical expert at 12% whole person impairment). After a two-day trial in the Queensland District Court in March 2025, the Court made the following comments and observations in delivering judgment:
“[7] The plaintiff was self-represented. The evidence in the trial was brief. The plaintiff’s case consisted of himself and two lay witnesses. Importantly, the plaintiff did not call any expert witnesses …. The trial had previously been adjourned …. to allow the plaintiff to call expert witnesses and to consider obtaining legal representation. It was raised with the plaintiff …. that the (insurer) required any expert relied upon by the plaintiff for cross-examination. The plaintiff ultimately determined that he would represent himself and proceed to trial without calling any expert witnesses.
[10]The plaintiff bears the onus of proof to satisfy the court on the balance of probabilities that his claim should be accepted. I did not find the plaintiff to be a credible and reliable witness. His evidence in this court was internally inconsistent, particularly in relation to his physical health prior to the accident and as to the level of care he required and received both prior to the accident and subsequently. His evidence was also inconsistent with the GP records and his self-report to the experts….
[13]The plaintiff pleaded, in addition, that he suffered a psychological injury as a result of the accident. He did not give evidence of this at trial and no expert evidence was called that the plaintiff suffered a psychological injury as a result of the accident. I am not satisfied that the plaintiff suffered a psychological injury.”
Mr Ford sought $2,857.96 for past out-of-pocket medical and pharmaceutical expenses, but was allowed only $1,107.96 (largely a Medicare refund) in the absence of provided evidence.
Mr Ford sought $90,217.00 for future medical and allied health expenses without supporting evidence. In the absence of evidence, the Court awarded him $3,000.00 for future medical and associated expenses.
Mr Ford claimed the amount of $40,000 for past care and assistance, giving evidence on his own behalf and calling a lay witness in support. The Court preferred the expert evidence on behalf of the insurer, while noting a certain amount of inconsistency which crept into Mr Ford’s evidence, and made no order for compensation.
Mr Ford claimed $147,545.00 for future care and assistance. The Court was not satisfied that the claim was substantiated and made no order for compensation.
No evidence led to substantiate a claim for past or future economic loss, and again, no order for compensation was made.
If you’ve been involved in a car accident, it’s crucial to understand your legal options and the risks of going directly to the insurer. While insurers may offer quick settlements, it is in their interest to undervalue your claim, leaving you with less than you deserve. A car accident claim lawyer can help you navigate the complexities of the claims process, ensure that your rights are protected, and that you receive fair, reasonable and appropriate compensation.
Contact Rin Kim Law today for a free, no-obligation consultation with a car accident claim lawyer. We’ll assess your case, answer your questions, and help you determine the best path forward to secure the compensation you deserve in the circumstances.
Car accidents can result in injuries, financial loss, and legal complications. Understanding your rights and the claims process can help you secure fair compensation.
Queensland law provides clear guidelines for lodging a car accident injury claim in Queensland. Compensation may cover medical expenses, lost income, rehabilitation costs, and other damages. However, dealing with insurers and legal requirements can be complex.
Taking the right steps after an accident can protect your legal rights and strengthen your claim.
A police report is necessary if:
As it may not be immediately obvious whether an injury has been sustained by anyone involved, it is highly recommended to err on the side of caution and report the accident to the police from the accident scene and have them attend.
Further, as a police report number is required as a precondition to any car accident personal injuries claim, it makes sense to report the accident to the police at the time it occurs.
Finally, the police’s impression of who was at fault for the accident (and is accordingly recorded as Unit 1 in the police report form) is very persuasive in the determination of responsibility/ liability for your accident. It is accordingly very important that the police attend to view the scene of the accident, the physical signs (skidmarks, location of damage to the vehicles etc) and to take statements from all present witnesses before they disappear, become hard to locate and contact or cease to be cooperative.
If the police do not attend the scene, you can report the accident online through the Queensland Police reporting system.
Queensland law requires drivers to exchange:
If you can take a photograph of the other driver’s licence, vehicle registration/ number plate on the other car/s and photographs of the points of impact on all involved cars this can assist (as some drivers provide false details and occasionally number plates are affixed to incorrect vehicles).
Evidence strengthens your claim. If possible at the time of the accident or as soon as possible afterwards:
Some injuries, such as whiplash or internal damage, may not be immediately apparent. A medical report provides crucial evidence for your claim. Indeed, a car accident personal injuries claim must be accompanied by a medical certificate in the prescribed form evidencing the injuries claimed to have been suffered in the accident (and some doctors are resistant to providing such a medical certificate if they are not consulted shortly after the accident).
If your doctor recommends that you receive further treatment for your injuries, such as physiotherapy, you should follow your medical advice to the extent you are able/ can afford to do so. If you lodge your claim at an early date, and if the insurer of the at fault vehicle accepts liability, then the insurer is obliged to consider funding ongoing treatment for you.
If you have suffered injuries or financial loss, legal guidance can help maximise your compensation and ensure compliance with Queensland’s claims process.
Queensland’s Compulsory Third Party (CTP) insurance scheme provides compensation for injuries caused by another driver’s negligence. Understanding eligibility and claim entitlements ensures you take the right steps.
You may be eligible to claim if you were:
If you were at fault, you generally cannot make a claim. However, some insurance policies or government schemes may provide benefits.
A car accident injury claim in Queensland may include claims for:
The amount depends on injury severity, financial impact, supporting evidence and legislative restrictions.
The compensation amount varies based on several factors, including:
Each case is assessed individually, and legal representation can help ensure you receive a fair compensation result.
Queensland imposes strict deadlines for personal injury claims:
Lodging a car accident injury claim in Queensland involves legal procedures, insurer negotiations, and strict time limits. Rin Kim Law provides:
If you have been injured in a car accident, seeking legal advice early may improve your claim’s success. Contact Rin Kim Law for a consultation and expert guidance.
Sexual harassment and sex or gender-based harassment can be a one-off incident or repeated behaviour (contrast to non-sexual and non-gender based bullying and harassment, where there must be repeated bullying conduct representing a pattern of behaviour), and can be overt/ direct or subtle/ indirect. Certain behaviours, such as sexual assault, may constitute criminal offences.
As a result of recent legislative amendments to the Work Health and Safety Regulation 2011 (Qld), made by the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld), Queensland employers must proactively manage the risk of workplace sexual and sex or gender-based harassment in the immediate future.
Amendments to the Work Health and Safety Regulation 2011 expand on the existing psychosocial risk provisions in the Work Health and Safety Act 2011 (Qld), by requiring employers to specifically and proactively manage the sexual and sex or gender-based harassment risks in the workplace/ whilst at work.
Employers can manage address these risks by identifying the applicable hazards and attendant risks, implementing control measures in accordance with the usual hierarchy of controls (eliminate, substitute, isolate, reduce risk, reduce exposure, training), reviewing existing and newly implemented control measures and implementing a prevention plan.
The Regulation amendments require Queensland employers to proactively manage the risk of workplace sexual sex or gender-based harassment.
The change is important as the community is increasingly aware and recognizing the unacceptable widespread occurrence of sexual and sex or gender-based harassment in Queensland workplaces. The proactivity requirements reflect the relevant research results that most victims never report their harassment, fearing potential consequences to their reputation, career prospects and relationships, especially in workplaces with a high degree of power imbalance or gender inequality. Without the positive obligations imposed by the amendments, perpetrators in a passive or reactive workplace will potentially never be called to account, thereby harming more people as a result (with the resulting harm rippling out through the victim’s family and personal networks).
Sexual harassment and sex or gender-based harassment can be a one-off incident or repeated behaviour (contrast to non-sexual, sex or gender based bullying and harassment, where there must be repeated bullying conduct representing a pattern of behaviour), and can be overt/ direct or subtle/ indirect. Certain behaviours, such as sexual assault, may constitute criminal offences.
Examples of these behaviour constituting the categories of harassment covered by the amendments include:
It is recommended that employers:
Recognise that:
From March 2025, Queensland employers must prepare and have in place a Prevention Plan to manage any identified risk to the health or safety of workers, or other persons in the workplace, from sexual and sex or gender-based harassment.
The following represents necessary and useful resources for employers to appreciate their applicable work health and safety obligations and how to address those obligations in a compliant manner:
WorkSafe Queensland’s online explanations and resources at:
Australian Human Rights Commission/ Respect@Work’s online suite of resources
With a variety of workplace backgrounds and diverse cultural experience, Rin is one of the most motivated and professional lawyers working in the compensation area today.
Having a Korean heritage, growing up in Canada and studying law at Bond University in Australia provides Rin with a unique experience and perspective which greatly assists her clients in achieving a successful result.
She is a strong legal professional with an enviable track record and is a leader in her field.
During the period 1 January to 31 December 2023, there were 277 fatalities as a result of motor vehicle accidents within Queensland. Further, according to the Motor Accident Insurance Commission of Queensland, so far in 2024 (up to end of Q2), 3,779 claims for personal injury have been lodged by or on behalf of people injured in Queensland road accidents.
Anecdotal evidence suggests that while injured claimants who self-represent may resolve their own claims for injuries and resulting losses quicker; they are paid significantly less than claimants who are legally represented.
In Queensland, all vehicles that are allowed to travel on public roads are required to be licensed. This includes road trailers for cars and trucks and certain types of wheeled machinery, such as mobile cranes and tractors. A component of their annual vehicle registration is the Compulsory Third Party insurance, which provides insurance for an at-fault vehicle owner & driver that persons injured in a motor vehicle accident can claim against.
Additionally, there are “vehicles” that currently do not require registration – bicycles, E-bikes, E-scooters, powered wheelchairs and disability buggies – which also find themselves involved in collisions with registered motor vehicles on public roads.
Finally, there are pedestrians who unfortunately find themselves involved in accidents involving motor vehicles while crossing public roads or on footpaths.
These claims encompass collisions between registered motor vehicles, between registered motor vehicle and unregistered transportation devices (e-scooters, e-bikes, powered wheelchairs etc), and single vehicle accidents. Claims can be made by both drivers and passengers against the at-fault driver/ vehicle.
Claims can cover both personal injury (pain & suffering, out of pocket expenses, economic loss, medical costs, past & future care etc) and property damage claims for repair or replacement of the damaged vehicle and damaged vehicle contents.
NOTE: An at-fault driver cannot make a claim against themselves or the CTP insurance on their own vehicle.
Due to the lack of protection for riders and passengers, motorcycle accidents often result in severe injury or death. Claims can be brought by the rider and pillion passenger against the at-fault driver/ owner.
Claims can cover both personal injury (pain & suffering, out of pocket expenses, economic loss, medical costs, past & future care etc) and property damage claims for repair or replacement of the damaged motorcycle and of rider and passenger clothes, equipment (helmet, gauntlets etc) and personal effects.
Just like motorcycles, bicycle riders can sustain severe and life-threatening injuries in collisions with motor vehicles.
Claims can cover both personal injury (pain & suffering, out of pocket expenses, economic loss, medical costs, past & future care etc) and property damage claims for repair or replacement of the damaged bicycle and rider’s clothing and equipment.
Pedestrians struck by motor vehicles can claim for both personal injury (pain & suffering, out of pocket expenses, economic loss, medical costs, past & future care etc) and property damage claims for replacement or repair of clothing and personal effects damaged in the accident.
Sometimes accidents involve vehicles that do not stop or remain at the scene of the accident for long enough to be identified. Persons injured in those circumstances can, having followed the legal requirements, make their claim for personal injuries against the default insurer – the Nominal Defendant Queensland.
Accidents involving buses fall under this category. Claims can cover both personal injury (pain & suffering, out of pocket expenses, economic loss, medical costs, past & future care etc.) and property damage claims for repair or replacement of the damaged vehicle and personal effects.
Accidents where e-scooters, e-bikes or powered wheelchairs and buggies come into collision with a registered motor vehicle fall into this category. Accidents involving collisions with these transportation devices only are public liability claims.
Claims can cover both personal injury (pain & suffering, out of pocket expenses, economic loss, medical costs, past & future care etc) and property damage claims for repair or replacement of the damaged transportation device.
A person injured in a motor vehicle accident can claim against the at-fault vehicle owner/ driver (but not themselves) for a variety of types of damage; so long as they can establish, on the balance of probabilities, that the loss and damage was caused by the accident.
Here is a list of compensation payouts for various recoverable damages:
Medical Expenses: Current and future medical bills associated with your injuries, including doctor visits, medications, surgery, and rehabilitation.
Lost Wages: Compensation for wages you lose due to missed work because of your injuries. If your injury means that you are likely to miss work or overtime in the future due to time off for ongoing treatment, surgery and recuperation, or if you are simply unable to continue in your pre-accident employment due to ongoing incapacity, a claim for future economic loss can also be made.
Loss of Earning Capacity: If your injuries permanently impact your ability to work and earn a living, compensation may be available. A claim can also be made if your ongoing accident incapacity limits your ability or opportunity to change jobs or to advance your career by promotion or upskilling.
Pain and Suffering: This intangible loss considers the physical and emotional pain you’ve endured due to the accident. Your entitlement for this type of compensation is heavily regulated under the legislation and generally requires expert medical evidencing your relevant ISV – Injury Scale Value in order to be quantified.
Several factors can influence the outcome of your personal injury claim:
Severity of Injuries: The seriousness of your injuries significantly impacts the compensation amount. More severe injuries typically result in higher awards.
Medical Documentation: Detailed medical records documenting the extent and prognosis of your injuries strengthen your claim. Independent expert medical reports may also be required to determine your Injury Scale Value (to determine your entitlement to pain & suffering damages) and to support your claims for past and future loss of wages/ economic loss.
Impact on Daily Life: The degree to which the accident affects your daily activities, hobbies, and overall well-being is considered. If it is established that you have required care and assistance above the minimum statutory threshold, you will be entitled to claim significant compensation for past and future care; and the necessity for care will support your case for economic loss and economic disadvantage.
Shared Fault: If you are partially at fault for the motor vehicle accident, the extent you are to blame will be determined by a percentage in line with historical court cases. Your compensation will then be reduced by that percentage. This can have an important effect on the compensation you end up receiving in your hand – this is because while your overall compensation will be reduced by percentage, your statutory refunds to Centrelink, Medicare and other government agencies are not reduced (so you will pay those full refunds from your reduced compensation).
While you have the right to pursue a car accident claim on your own, the legal process can be intricate and stressful. Here’s how a lawyer can significantly benefit your case:
Streamlining the Process: Lawyers are well-versed in car accident law and can handle the complexities of claims, freeing you to focus on recovery.
Evidence Gathering: Motor accident compensation lawyers have connections with independent medical experts who are prepared to provide specialist reports to insurers and the courts to support your claim. Further, lawyers have access to arrangements for upfront or deferred payment of the substantial cost of obtaining independent expert medical reports and other records from medical providers and government agencies.
Negotiation Skills: Negotiating with CTP insurers can be challenging. A self-represented claimant will find themselves facing a plethora of submissions of what is fair and reasonable compensation for their injuries without any clear and reliable reference point to assess the truth or reasonableness of them. A CTP insurer acts in its own interests and is not obliged to offer claimants what their claims are truly worth. A lawyer’s experience and negotiation skills can help secure a fairer settlement that better reflects the full extent of your entitlement to damages.
Court Representation: If your claim goes to court, a lawyer is better placed to comply with court rules and requirements to best present your evidence and case to the court.
Peace of Mind: Having a qualified professional handle your case can alleviate the burden and stress associated with navigating the legal system after an accident. If you self-represent and accept the CTP insurer’s “best and last offer” of compensation, you will always be left wondering whether you have received your true and full entitlement to compensation. Indeed, there are many cases where self-represented claimants subsequently approach lawyers to ask whether their compensation claim can be reopened due to a need for further treatment or surgery – only to be told that the discharge they have signed with the CTP insurer prevents them from making any further claim.
While a car accident lawyer can significantly reduce your stress and workload, some crucial steps remain. Here’s how a lawyer can help you navigate each phase.
File a police report at the scene, which your lawyer will later use as evidence to support your claim.
It is the law in Queensland that if there is an injury in a motor vehicle accident, the accident must be notified to the Queensland Police Service. It is always best to notify the police from the accident scene. This is recommended for several reasons – if the police attend, they can conduct alcohol and drug tests on drivers, take on the spot statements, take witness details, take accident photographs and diagrams and assess skidmarks and other signs to help establish who was at fault.
If the police are notified days after the accident, drivers’ versions of events may change, witnesses may be difficult or unable to be contacted and interviewed, accident evidence will have been lost and it can take longer for the police to register an accident number (needed for your claim).
Sometimes the CTP insurer of the at-fault vehicle will form the view that your failure to report the motor vehicle accident to the police at the time it occurred is a sign that you were not injured in the accident and that your claim is for financial gain rather than to compensate for legitimate injuries and loss.
Gather contact information from everyone involved in the accident and take photos of the scene, capturing damage to vehicles and any visible injuries if possible.
It may be necessary to seek out CCTV footage of the motor vehicle accident from surrounding businesses before the footage is destroyed.
Your lawyer will then organise all documentation, including the police report, your medical records, and any witness statements you’ve collected.
Additionally, your lawyer may consult with experts like accident reconstructionists or medical professionals to strengthen your case and build a solid foundation for your claim.
Inform the insurance company of the at-fault driver/ owner (or the Nominal Defendant if unidentified or uninsured) about the accident as soon as possible. Your lawyer will take over communication with the insurer from this point forward. They’ll ensure all necessary information is provided in a timely and complete fashion, while also protecting your interests throughout the process.
Be aware that if you lodge a notice of accident claim form (NOAC) by yourself/ without legal representation, the insurance company of the at-fault driver will contact you and start making all sorts of “helpful” offers of assistance to settle your claim. They may even say things like “best and final offer” in the hope that you will accept it. As already mentioned above, this is a strategy to resolve claims to the insurer’s benefit and not necessarily (or likely) in yours.
Once the claim is submitted, it will be reviewed by the CTP insurer of the at-fault motor vehicle. Once your claim form is deemed compliant (that it has been completed fully and properly), the CTP insurer has six months to investigate the accident circumstances and provide a liability response.
This involves the CTP insurer stating whether it accepts that its driver was fully or partially (and to what percentage degree) at fault for your accident. If the CTP insurer accepts liability, then it is obliged to fund your reasonable and necessary ongoing rehabilitation needs – including ongoing medical treatment, physiotherapy and the like. The CTP insurer may also seek further information from you about the circumstances of the accident, your previous relevant medical history and the evidence supporting your claims for compensation for damage.
During this review process, your lawyer will stay in touch with you, keeping you informed of the claim progress, obtaining your instructions to respond to the CTP insurer’s requests for information and addressing any questions you may have. Your lawyer will also arrange any required independent medical review to obtain expert medical evidence to support your claim – generally at or around 10 – 12 months post-accident (which is when, statistically, most injuries achieve their maximal resolution). The CTP insurer may require their own independent medical evaluation, which your lawyer will notify you of and assist you with your attendance.
Once the six-month period has expired and all required evidence on both sides is obtained, there is a requirement for a compulsory conference to attempt to resolve your claim. Your lawyer will advise and represent you in that process. The majority of motor accident compensation claims resolve at this conference.
The CTP insurer company will conduct a thorough review of your claim. This will involve examining the police report, your medical records, photos of the vehicle damage, and any witness statements. In some cases, they may even conduct their own investigation to verify the details of the accident and gather additional information.
The CTP insurer is acting in its own interests and not yours – it’s object is to pay you nothing or as little as it can. Your lawyer’s job is to extract an admission of liability from the insurer, get the insurer to pay your reasonable rehabilitation expenses if possible and to secure a settlement sum that optimally compensates you for the loss and damage you have suffered. If your claim cannot be resolved at or before compulsory conference in the pre-litigation phase, your lawyer’s job will then continue by bringing legal proceedings in the court on your behalf and to continue to negotiate while otherwise preparing for a trial.
Almost all matters settle prior to trial. The statistical evidence of this is the fact that while there are several thousand motor accident compensation claims lodged each year, there are perhaps only 15 – 20 court cases decided in these matters annually.
Fault Determination: Establishing who caused the motor vehicle accident is crucial. This significantly impacts whether your claim is accepted and the amount of compensation you receive if there is an apportionment for shared blame/ responsibility.
Extent of Damage:It is not enough that the other driver was to blame for the accident. The CTP insurer of the at-fault vehicle needs to be convinced that the accident caused you loss and damage to the extent that you claim. The CTP insurer will therefore assess the extent of property damage (vehicle repairs) to each vehicle and the severity of your injuries (evidenced by the medical records and reports, evidence of medical expenses, and your time off work or reasons for not taking time off work). After weighing up all of this evidence your lawyer and the CTP insurer will come to their respective views and then negotiate (with your instructions and permission) to see if a mutually acceptable compromise can be agreed.
In Queensland, the time in which you can make a motor vehicle accident claim is limited by legislation. Firstly, the Motor Accident Insurance Act 1994 (MAIA) provides that if you intend making a claim, you should complete and lodge your Notice of Accident Claim form (NOAC) within one month of engaging a lawyer or within nine months of the accident – whichever is the earlier date. You can still lodge outside that date – you just have to provide the insurer with a reasonable explanation (which we have never known to be a problem). Secondly, the Limitation of Actions Act 1974 provides that you have three years from the date of the accident or three years from your 18th birthday to either settle your claim or have legal proceedings commenced in a Queensland court. To be clear, lodging your NOAC isn’t the same thing – and you have to complete a number of steps under the MAIA before you can commence legal proceedings.
So, if you decide to bring a motor accident compensation claim for personal injuries, you should consider consulting with a motor accident compensation lawyer, especially if you are making the claim outside 9 months from the date of accident and in proximity to the three year limitation period.
The timeframe for claim processing varies depending on the case’s complexity. Straightforward claims with minimal injuries and property damage might resolve within a few months. Conversely, claims involving severe injuries, disputed fault, or extensive investigations can take about 18 months – longer if the matter cannot resolve without proceeding to litigation.
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.
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.
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.
