What Happens when you have an Accident in NSW
There has been a lot of adverse publicity in recent years about changes to Compensation Law in NSW. RMB Lawyers Partner MARTIN CULLETON explains recent changes to the law applying to accidents in NSW.
An accident can occur at work, in a public place such as a street or in your car, and in NSW there are specific laws relating to how and where the accident occurs.
If the accident happens at work, normally a workers compensation insurance policy will apply to any claim, entitling you to a weekly wage for a period of time, a potential lump sum and the payment of reasonable medical bills.
The law has been tightened up in that area recently, and it is now more difficult to have a claim go beyond two years, subject to the level of injuries that you suffer.
If you are injured in a motor accident and not to blame for the accident, then you are entitled to receive some level of compensation. Again, this system has been tightened, to a point that you do receive some weekly wages and other benefits, depending on how seriously you were injured.
Having an accident at an event, or walking on a pavement, is also subject to some written laws.
Generally, when you are injured, all claims require you to prove negligence. At law, this generally requires you to prove that your accident was due to a fault where someone has acted unreasonably.
Facts determine those issues, and there are a number of complicated factors that must be proven when determining whether or not negligence was responsible.
In addition to trying to prove negligence, there is also a requirement to show the physical and/or psychological injuries that you have suffered, through reports from experts about your injuries and their consequences. Should your claim go to Court you normally also need to demonstrate lost earnings and any help that you need around the home.
Most injuries are judged in comparison to what is considered the most serious injury, becoming a quadriplegic.
The opposing side will normally seek to provide reports trying to limit the extent of your injuries.
Again, the law has devised a number of complicated rules to deal with these arguments.
Should you suffer an injury from an accident, I strongly recommend that you obtain legal advice so you can make an informed decision about whether you should make a claim.