AustraliaPersonal Injury
Slip and fall, medical malpractice, product liability, dog bites, defamation
25 questions
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Workplace Injuries
(6)My workplace injury has left me permanently impaired. What compensation am I entitled to?
If your workplace injury has caused permanent impairment in Australia, you may be entitled to a lump sum compensation payment under your state or territoryâs workersâ compensation scheme, based on the degree of impairment assessed by a qualified medical practitioner.
My injury claim was rejected by Comcare because they say it's not work-related. Can I appeal?
Yes, you can appeal a Comcare rejection to the Administrative Appeals Tribunal (AAT) within 60 days of receiving the decision.
I suffered psychological injury from workplace bullying in a federal agency. Can I claim?
Yes, you may be able to claim compensation for psychological injury from workplace bullying in a federal agency under the Safety, Rehabilitation and Compensation Act 1988 (Cth).
My work injury worsened over time. Can I claim additional compensation?
Yes, you may claim additional compensation if your work injury worsened â provided you meet time limits and notify your employer and insurer within required periods under the Workers Compensation Act.
My employer wants me to return to work but my doctor says I'm not ready. Who decides?
Your treating doctorâs medical opinion about your fitness for work generally prevails over your employerâs request â but your employer may seek an independent medical assessment under certain conditions.
My spouse died from a workplace injury. Am I entitled to compensation as a dependant?
Yes, as a dependant spouse, you may be entitled to compensation under your state or territoryâs workersâ compensation scheme, including weekly payments and a lump sum for permanent impairment or death.
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Military & Veterans
(3)I'm a military veteran with PTSD from service. How do I access compensation?
As a military veteran with PTSD in Australia, you can access compensation through the Veteransâ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, depending on your service period and circumstances.
I was injured in a vehicle accident on a military base. Which compensation scheme applies?
If you were injured in a vehicle accident on an Australian military base, the Military Rehabilitation and Compensation Act 2004 (MRCA) applies â not state-based CTP or workersâ compensation schemes.
I was injured during military training. Does the standard workers comp scheme or MRCA apply?
If you were injured during military training as a member of the Australian Defence Force, the Military Rehabilitation and Compensation Act 2004 (MRCA) applies â not state or territory workersâ compensation schemes.
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Airline Liability
(3)I was injured on a domestic flight due to turbulence. Is the airline liable?
Yes, the airline may be liable for injuries caused by turbulence on a domestic flight in Australia under the Civil Aviation Act and related regulations, which impose strict liability for passenger injury during carriage.
Is there a maximum amount the airline has to pay for injuries on an international flight?
Yes, under the Montreal Convention, airlines are strictly liable for proven damages up to 128,821 SDR (about A$260,000) for injuries on international flights.
An airline claims it's not liable for my injury because it took all necessary precautions. Is this a valid defence?
No, an airline cannot avoid liability simply by claiming it took 'all necessary precautions' â under Australian law, it owes a strict duty of care to passengers and is liable for injuries caused by accidents on board or during embarkation/disembarkation.
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Product Defects
(7)A defective product caused me serious injury. Can I sue the overseas manufacturer?
Yes, you can sue an overseas manufacturer in Australia under the Australian Consumer Law if the product was supplied in trade or commerce and caused injury due to a safety defect.
I was injured by a product but there's no Australian importer or manufacturer. Who do I sue?
If thereâs no Australian importer or manufacturer, you may sue the Australian distributor, retailer, or any person who supplied the product in trade or commerce â provided they are based in Australia and the product was supplied here.
I was injured by a recalled product that the manufacturer knew was dangerous. What extra damages can I claim?
In Australia, if a manufacturer knowingly sold a dangerous recalled product, you may claim additional damages for 'mental harm' or 'exemplary damages' under certain state laws â but exemplary damages are rarely awarded and not available under the Australian Consumer Law.
A medical device implanted in me was later recalled due to defects. Can I claim damages?
Yes, you may be able to claim damages under the Australian Consumer Law if the implanted medical device was unsafe, defective, or failed to meet consumer guarantees.
A child was harmed by a dangerous toy. Can the parents claim under product liability laws?
Yes, parents can claim under Australiaâs product liability laws if a dangerous toy caused harm to their child, as the Australian Consumer Law (ACL) holds manufacturers strictly liable for injuries caused by defective products.
A defective bicycle helmet failed in an accident. Can I claim against the seller?
Yes, you may claim against the seller under the Australian Consumer Law if the helmet was unsafe, failed to meet consumer guarantees, or had a manufacturing or design defect.
I suffered food poisoning from a contaminated product. Who bears liability?
The food supplier, manufacturer, or seller is liable under the Australian Consumer Law for supplying unsafe food, regardless of fault.
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Commonwealth Liability
(3)I was injured at work in a Commonwealth government job. How do I claim compensation?
If you were injured at work in a Commonwealth government job, you must lodge a claim under the Safety, Rehabilitation and Compensation Act 1988 (Cth) with Comcare within strict time limits.
I developed a disease from chemicals I was exposed to at my federal government workplace. Am I covered?
Yes, you may be covered under the Safety, Rehabilitation and Compensation Act 1988 (Cth), which provides compensation for federal public sector workers who suffer work-related injuries or diseases.
I slipped on a wet floor at a federal government building. Can I sue the Commonwealth?
Yes, you may sue the Commonwealth for a slip on a wet floor in a federal government building, but strict time limits and procedural rules apply under the Judiciary Act 1903 and the Federal Court Rules.
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Compensation Process
(3)I went bankrupt. Can my creditors access the personal injury compensation I received?
No, personal injury compensation you receive after bankruptcy is generally protected from creditors under Australian law.
My compensation for medical treatment was denied because I chose a specialist instead of a GP. Is this right?
No, it is generally not right to deny compensation solely because you chose a specialist instead of a GP â Australian workersâ compensation laws require treatment to be 'reasonable and necessary', not restricted by provider type.
I've been receiving Comcare payments but my capacity to work has changed. Will my payments be adjusted?
Yes, your Comcare payments can be adjusted if your capacity to work changes â Comcare must review and may increase, reduce or stop your weekly payments based on current medical evidence and legislative criteria.