FAQ

Here you can find any possible answers to your questions

Motor Vehicle Accident Claims

Have you been injured as a driver, passenger or pedestrian? If the accident was not your fault you are entitled to claim for the injury and loss which has been caused by the injury.  If you were partly at fault you may also be entitled to make a claim. To discover what your rights and entitlements are, call PPIL on 9581 4339

What do I do if I have been injured in a car accident?

If the accident was not your fault, or even if you were partially to blame, you must report the accident online at www.crashreport.com.au.  This will notify both the police and the Insurance Commission of Western Australia of the accident. The Insurance Commission of Western Australia is the compulsory third party insurer and is responsible for paying out compensation for personal injury claims.

 

What if the other vehicle was registered in another state?

You must notify the relevant compulsory third party insurer for that state.  There may be time limits for doing this so you should seek legal advice from an expert personal injury lawyer.

What if the accident was my fault, or partially my fault?

If you caused the accident in full, you are not able to claim. But if you were partially at fault and so was the other driver, you may still be able to claim. The effect is that your compensation will be reduced by the proportion you are found to have been at fault.

What if I need time off work and I don’t get paid?

You are able to make a claim for an advance payment against your claim for past economic loss. However you will need medical and other evidence to support the loss which needs to be submitted to the insurer.

What can I claim for?

If the other driver was negligent, you are able to claim for the injury, it’s effect on your life and any loss which has been caused by the injury including economic loss and medical treatment costs.  There are other claims that you may be able to make and you should seek legal advice from an expert personal injury lawyer to make sure you have claimed everything you are entitled to.

Will my case go to court?

The majority of cases settle before trial.  In fact most cases settle either before legal proceedings are commenced, or at pre-trial conference.

When is the right time to settle my claim?

It is recommended that your claim is settled when your medical condition has stabilised and an assessment of your impairment or disability, your work capacity and future treatment needs has been made.  This could be at least 12 months from the date you suffered your injury. You should have all medical and other evidence available prior to settling your claim and you should seek legal advice from a specialist personal injury lawyer to help you maximise your financial entitlement.

Workers Compensation Claims

Have you been injured at work? You are able to make a claim for workers’ compensation whether you have needed time off work or not. You are also able to claim for lost wages, medical and hospital costs and rehabilitation costs. Do you know what your lump sum entitlements are for Schedule 2 and Redemption? Even if you have returned to work, you may be entitled to a lump sum settlement. Do you know if you have a common law claim? The workers’ compensation legislation is complex and you may not be aware of your rights and entitlements, particularly with regards to a common law claim for damages. To discover what you can claim, call PPIL on 9581 4339

What do I do if I suffer an injury at work?

You must report the accident to your employer and attend your doctor for medical advice.
You are also entitled to make a workers’ compensation claim, whether you need time off work or not. To make a valid claim the claim, you must complete a Form 2B Claim Form and your doctor must complete a First Medical Certificate and you must provide both of those documents to your employer. This must be done within 12 months from the date of the injury. Remember to keep a copy of your claim form and certificate for your records.

What happens after I submit my claim form and first medical certificate?

Your employer must provide the documents to it’s workers compensation insurer within 5 working days, and the insurer must provide you with it’s decision with regards to liability within 14 days after that.

What if the insurer pends or declines liability for my claim?

Then there is a dispute in relation to your claim and you should seek expert legal advice from a personal injury lawyer to assist in resolving that dispute.

If my claim is accepted what does the insurer pay for?

For the time that your require off work, the insurer should pay weekly or fortnightly compensation payments. The insurer should also pay for medical treatment (eg doctors, specialist, physiotherapy, chiropractic, hospital, psychological) and rehabilitation costs, if you require rehabilitation. There are maximum amounts which apply and you should seek expert legal advice from a personal injury lawyer.

What if I can’t return to the work I was doing before the accident?

You are entitled to have a vocational rehabilitation provider appointed to assist with your return to work and you are able to choose the rehabilitation provider you wish to appoint.

What is a common law claim?

A common law claim is commenced in the District Court of Western Australia and is a claim for damages (compensation) against your employer for negligence in causing your injury.

Do I have a common law claim?

You are not able to pursue a common law claim unless your Whole Person Impairment is assessed at at least 15% and you make an Election to Retain the Right to Seek Common Law Damages by the Termination Date. The Termination Date is the date 12 months from the date you make the claim for weekly compensation payments. To ensure that you do not miss your opportunity to determine whether you have a common law claim you must obtain expert legal advice from a personal injury lawyer, at least 3 months prior to your Termination Date.

Am I entitled to a lump sum settlement?

You may be entitled to a Schedule 2 Lump Sum which is determined by the percentage impairment you have suffered in the particular part of the body which has been injured. You may also be entitled to a redemption of your wages and/or medical and rehabilitation expenses. To obtain evidence to maximise your financial entitlement you should seek expert advice from a specialist personal injury lawyer.

When is the right time to settle my claim?

It is recommended that your claim is settled when your medical condition has reached maximum medical improvement and an assessment of your impairment, your work capacity and future treatment needs has been made. If you think that your employer was at fault in causing your injury, you should not settle your claim until you have had your Whole Person Impairment has been assessed and you should seek expert legal advice.
The right time to settle your claim could be more than 12 months from the date you suffered your injury. You should have all medical and other evidence available prior to settling your claim and you should seek legal advice from a specialist personal injury lawyer to help you maximise your financial entitlement.

What happens after I submit my claim form and first medical certificate?

Your employer must provide the documents to it’s workers compensation insurer within 5 working days, and the insurer must provide you with it’s decision with regards to liability within 14 days after that.

What do I do if I suffer an injury at work?

You must report the accident to your employer and attend your doctor for medical advice.
You are also entitled to make a workers’ compensation claim, whether you need time off work or not. To make a valid claim the claim, you must complete a Form 2B Claim Form and your doctor must complete a First Medical Certificate and you must provide both of those documents to your employer. This must be done within 12 months from the date of the injury. Remember to keep a copy of your claim form and certificate for your records.

What happens after I submit my claim form and first medical certificate?
Your employer must provide the documents to it’s workers compensation insurer within 5 working days, and the insurer must provide you with it’s decision with regards to liability within 14 days after that.

What if the insurer pends or declines liability for my claim?
Then there is a dispute in relation to your claim and you should seek expert legal advice from a personal injury lawyer to assist in resolving that dispute.

If my claim is accepted what does the insurer pay for?
For the time that your require off work, the insurer should pay weekly or fortnightly compensation payments. The insurer should also pay for medical treatment (eg doctors, specialist, physiotherapy, chiropractic, hospital, psychological) and rehabilitation costs, if you require rehabilitation. There are maximum amounts which apply and you should seek expert legal advice from a personal injury lawyer.

What if I can’t return to the work I was doing before the accident?
You are entitled to have a vocational rehabilitation provider appointed to assist with your return to work and you are able to choose the rehabilitation provider you wish to appoint.

What is a common law claim?
A common law claim is commenced in the District Court of Western Australia and is a claim for damages (compensation) against your employer for negligence in causing your injury.

Do I have a common law claim?
You are not able to pursue a common law claim unless your Whole Person Impairment is assessed at at least 15% and you make an Election to Retain the Right to Seek Common Law Damages by the Termination Date. The Termination Date is the date 12 months from the date you make the claim for weekly compensation payments. To ensure that you do not miss your opportunity to determine whether you have a common law claim you must obtain expert legal advice from a personal injury lawyer, at least 3 months prior to your Termination Date.

Am I entitled to a lump sum settlement?
You may be entitled to a Schedule 2 Lump Sum which is determined by the percentage impairment you have suffered in the particular part of the body which has been injured. You may also be entitled to a redemption of your wages and/or medical and rehabilitation expenses. To obtain evidence to maximise your financial entitlement you should seek expert advice from a specialist personal injury lawyer.

When is the right time to settle my claim?
It is recommended that your claim is settled when your medical condition has reached maximum medical improvement and an assessment of your impairment, your work capacity and future treatment needs has been made. If you think that your employer was at fault in causing your injury, you should not settle your claim until you have had your Whole Person Impairment has been assessed and you should seek expert legal advice.
The right time to settle your claim could be more than 12 months from the date you suffered your injury. You should have all medical and other evidence available prior to settling your claim and you should seek legal advice from a specialist personal injury lawyer to help you maximise your financial entitlement.

Public Liability Claims

Have you been injured in a private or public place? Was the owner or occupier negligent? You are able to claim for the injury and the loss which has been caused by the injury. To discover what your rights and entitlements are, call PPIL on 9581 4339

What do I do if I have been injured in a car accident?

If the accident was not your fault, or even if you were partially to blame, you must report the accident online at www.crashreport.com.au.  This will notify both the police and the Insurance Commission of Western Australia of the accident. The Insurance Commission of Western Australia is the compulsory third party insurer and is responsible for paying out compensation for personal injury claims.

 

What if the other vehicle was registered in another state?

You must notify the relevant compulsory third party insurer for that state.  There may be time limits for doing this so you should seek legal advice from an expert personal injury lawyer.

What if the accident was my fault, or partially my fault?

If you caused the accident in full, you are not able to claim. But if you were partially at fault and so was the other driver, you may still be able to claim. The effect is that your compensation will be reduced by the proportion you are found to have been at fault.

What if I need time off work and I don’t get paid?

You are able to make a claim for an advance payment against your claim for past economic loss. However you will need medical and other evidence to support the loss which needs to be submitted to the insurer.

What can I claim for?

If the other driver was negligent, you are able to claim for the injury, it’s effect on your life and any loss which has been caused by the injury including economic loss and medical treatment costs.  There are other claims that you may be able to make and you should seek legal advice from an expert personal injury lawyer to make sure you have claimed everything you are entitled to.

Will my case go to court?

The majority of cases settle before trial.  In fact most cases settle either before legal proceedings are commenced, or at pre-trial conference.

When is the right time to settle my claim?

It is recommended that your claim is settled when your medical condition has stabilised and an assessment of your impairment or disability, your work capacity and future treatment needs has been made.  This could be at least 12 months from the date you suffered your injury. You should have all medical and other evidence available prior to settling your claim and you should seek legal advice from a specialist personal injury lawyer to help you maximise your financial entitlement.

Criminal Injury Compensation Claims

Have you been injured in an assault or as a result of a criminal act? You may be able to make a claim for criminal injury compensation. It is not necessary that someone was convicted of an offence. To discover the circumstances under which you can make a claim, call PPIL on 9581 4339

I have been injured in an assault or due to the commission of a criminal offence, what should I do?

You should immediately report the incident to the police and you must assist the police in their investigation. Also attend your doctor or at hospital to seek medical advice.

Can I make a criminal injuries compensation claim?

If you have been injured in an assault or as a result of the commission of a criminal offence you must make a claim within 3 years from the date of the injury.

What can I claim for?

You are able to claim for the injury, it’s effect on your life and any loss which has been caused by the injury including economic loss and medical treatment costs.  There are other claims that you may be able to make and you should seek legal advice from an expert personal injury lawyer to make sure you have claimed everything you are entitled to.

Can I make a criminal injuries compensation claim?

If you have been injured in an assault or as a result of the commission of a criminal offence you must make a claim within 3 years from the date of the injury.

What can I claim for?
You are able to claim for the injury, it’s effect on your life and any loss which has been caused by the injury including economic loss and medical treatment costs.  There are other claims that you may be able to make and you should seek legal advice from an expert personal injury lawyer to make sure you have claimed everything you are entitled to.

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