Personal Injury Lawyers Melbourne

The Health Complaints Commissioner is a great first step if you've had a poor experience with a healthcare provider. The HCC assists individuals in resolving complaints about healthcare services in Victoria. While the HCC can facilitate resolutions, including financial payments through complaints resolution and conciliation, it does not have the authority to award compensation. For compensation claims, legal proceedings are necessary.

Time limits are critical in personal injury claims. Generally, you have three years from the date of injury to file a claim. For children or individuals under a disability, the limit extends to six years.

Yes — you may well have a claim for common law damages on top of your TAC entitlements. If you suffer a serious injury due to another party's negligence, you may pursue a common law claim for damages. A serious injury is defined as:

• Serious long-term impairment or loss of a body function
• Permanent serious disfigurement
• Severe long-term mental or behavioral disturbance or disorder
• Loss of a fetus

Legal advice is recommended to navigate this process.

WorkCover is there to support you — here's what you're entitled to. Benefits include:

• Weekly payments: Compensation for lost wages during your recovery.
• Medical and like services: Coverage for medical treatments, rehabilitation, and associated costs.
• Lump-sum payments: For permanent impairments resulting from the injury.
• Return-to-work support: Assistance in transitioning back to your job.

This is one of the most common questions we get asked. In Victoria, to receive compensation for non-economic loss (general damages), you need to show that you have a 'significant injury.' A significant injury is one that results in a whole person impairment of:

• More than 5% for physical injuries (other than spinal injury);
• 10% or more for psychiatric injuries; or
• 5% or more for spinal injury.

An assessment of the degree of impairment must be made by an approved medical examiner.

Here's what to do immediately after a transport accident:

1. Seek Medical Attention: Prioritize your health by consulting a healthcare professional, even if injuries seem minor.
2. Report the Accident: Notify the police, especially if there are injuries or significant property damage.
3. Gather Information: Collect details such as the date, time, and location of the accident, as well as information about other parties involved and any witnesses.
4. Document the Scene: Take photographs of the accident scene, vehicle positions, and any visible damages or injuries.

Being partly at fault doesn't necessarily bar you from recovering compensation. Even if you were partially at fault, you might still be eligible for compensation. However, the amount may be reduced proportionally to your degree of fault.

A rejected claim isn't the end of the road — here's what you can do:

• Seek clarification: Request detailed reasons for the rejection from the insurer.
• Request a review: Apply for a review of the decision through the Accident Compensation Conciliation Service.
• Obtain legal advice: Consult a lawyer specializing in workers' compensation for guidance.

Time limits are important — don't delay. A TAC claim should be lodged within 12 months from the date of the accident or from when the injury first becomes evident. The TAC may consider claims made up to 3 years after the accident if reasonable grounds for the delay are provided. For individuals under 18, claims can be made until they turn 21.

Compensation may cover:

• Medical and rehabilitation expenses.
• Loss of earnings.
• Pain and suffering.
• Home care and assistance costs.

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