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An Overview of Compensation Law in NSW

People in New South Wales can get injured in various situations. Often, the injuries suffered are physical although it is also possible for someone to suffer psychological injuries. There are laws in NWS that offer certain entitlements and compensate individuals who have been injured in various situations or within different settings. Below is an overview of compensation law NSW.

There are several instances in which an individual may be entitled to compensation or benefits in NWS. They include when someone has a transport-related accident, while at work or within the course of employment, as a result of medical negligence, or by using a defective product. Such a person may wonder whether or not they are entitled to compensation given their circumstances. An individual may believe that someone else caused the injuries. Should this be the case, he or she should seek legal advice from an attorney specializing in personal injury law. The attorney will assess whether the victim has entitlements or rights under NSW compensation schemes, especially if the injuries resulted from someone else’s neglect or actions.

An important thing to bear in mind is not to delay. When it comes to accessing potential entitlements and making compensation claims, strict time limits apply. An individual should seek legal advice as soon as possible after getting injured. Apart from getting injured at work or in a vehicle-related accident, such a person may have gotten injured under various other circumstances. For instance, one could have been a victim of medical malpractice.

Depending on how the injury was sustained, a victim may have other entitlements or rights. This is especially if the injuries are likely to cause permanent impairment. An individual can either claim compensation for actual injuries or out-of-pocket expenses that have to do with medical expenses. Whichever the case, the right to claim compensation depends on showing that the injuries sustained satisfy a specified threshold level. This threshold changes depending on the nature of injury or the type of claim.

Often, for someone to be eligible to make a claim, the first requirement involves proving that someone else was negligent or at fault in causing the injury. Negligence or fault is crucial to any public liability claim or medical negligence claim. In other instances however, the concept of fault is not fundamental, such as in product liability claims. The particular circumstances surrounding an injury have a bearing on the type of claim that an individual may be entitled to make. Hence, it is always advisable for the individual to seek advice from an attorney who specializes in personal injury at first instance. The lawyer will clarify the victim’s rights and offer an overview of what to expect in order to move forward.

Anyone intending to claim compensation for injuries resulting from an accident is advised to seek legal advice immediately, if not sooner. Even if the person has not decided whether or not to make a claim, getting the advice is still important in order to protect his or her rights. To find out more about your rights go to our website by clicking here.