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.
Emergency Room Doctor Shares ER Room Procedure
Watch this video and learn the basics of what to expect from the emergency room doctor, nurses and staff.
9 Steps to take if you are seeking emergency treatment for an injury due to someone else's fault
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.
Personal Injury Law FAQs
Car Accidents:
Do I need to call the police after a car accident?
What information should I exchange with the other driver(s)?
Exchange names, contact information, driver’s licence, insurance details, and vehicle registration numbers. Do not admit fault or discuss the accident beyond basic facts.
When should I contact a lawyer?
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.
What if I'm unsure who was at fault?
Don’t speculate on fault. Your lawyer will investigate the accident and determine liability based on evidence and applicable laws.
Can I claim compensation for my injuries?
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.
Work Accidents:
What should I do if I'm injured at work?
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.
Is my employer responsible for my medical bills?
Workers compensation schemes cover medical expenses and lost wages for work-related injuries. Your lawyer can explain the specific processes and benefits.
What if my employer denied my workers' compensation claim?
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!
Can I sue my employer if the accident was their fault?
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.
Can I still make a claim if I haven't reported the injury immediately?
While prompt reporting is crucial, late reporting does not necessarily bar your claim. Seek legal advice as soon as possible to understand your options.
