Common Law Claims Following a Work Accident.

After receiving a Notice of Assessment from WorkCover, one of the decisions you will need to make is whether you wish to pursue a common law claim.

To succeed in a common law claim, you will need to not only prove that your injury occurred in the course of your employment, but also that your injury occurred as a result of negligence on the part of your employer or a fellow employee.

A finding of negligence is dependent upon a finding that:

*You were owed a duty of care;

*That duty of care has been breached; and

*As a result of the breach of duty you have sustained injury.

To learn more about common law and statutory WorkCover claims, visit https://crewlegal.com.au/work-accident-claims/

TPD Insurance is a type of insurance policy you can purchase either privately or through your superannuation account. This policy will pay out a benefit should you meet the definition of becoming totally and permanently disabled from employment.

There are two types of TPD policies:

An Own Occupation Policy – for this policy, the definition you would need to meet to receive a payout is that you become totally and permanently disabled from your own or usual occupation.

Any Occupation Policy – for this policy, the definition you would need to meet to receive a payout through illness or injury is that you are totally and permanently disabled from any occupation or form of employment you might be reasonably suited to undertake through education or experience, making this one a little more difficult to meet.

To learn more, visit https://crewlegal.com.au/2024/01/31/total-and-permanent-disability-insurance-2/

Where a person has sustained a psychological injury or has a psychological illness which is preventing their ability to work, investigations should be undertaken to determine whether the person has insurance policies either held privately or through their superannuation accounts for Income Protection and Total and Permanent Disability Benefits.

Generally, an Income Protection benefit is payable where the person is temporarily unable to work as a result of the injury or illness and meets the qualifying criteria of the policy waiting period. Many income protection policies entitle the injured person to approximately 75% of their pre-injury income payable as a monthly benefit for up to a period of 2 years or even to retirement age in privately held policies.

To learn more and discuss your personal injury claim, visit https://crewlegal.com.au/2024/06/17/psychological-injury-where-to-turn/

With over 25 years in the industry, Shane, Hayley and their team of Crew Legal personal injury lawyers have assisted people and families through serious and catastrophic injuries occurring at work, in motor vehicle accidents and in public places. Many of these events occur through no fault of the injured person and cause enormous emotional and financial turmoil.

We have the expertise to tell you that it will be ok, because our extensive experience supporting our clients to a successful outcome has shown us this. We find that when dealing with workplace injuries or accidents, it’s not just about the injury you have sustained, it’s about providing counsel throughout the process and helping you to understand that there is a positive future even with an injury. We can ensure that an injured person’s needs for care, treatment, support and financial security are met so as to ensure that the most positive outcome of an injury can be achieved.

To learn more about our team of personal injury lawyers, visit our website - https://crewlegal.com.au/our-crew/.