Medical Negligence Compensation Claims

Yes.  Broadly speaking, if you sustain an injury as a result of the negligence of another, you can sue that person for the injury and its consequences.

The law is different depending on the circumstances in which you sustain an injury.

If you sustain an injury at work, you can sue your employer; however, this is modified by the Workers Compensation Act (NSW) 1987.

If you get injured as a result of a motor vehicle accident, then this is modified by the Motor Accidents Compensation Act (NSW) 1999.

Other circumstances where you may wish to sue for injuries might be as a result of:

• An assault by another person
• Negligence of a doctor
• A slip and fall when you are on someone else’s premises
• An injury sustained while on public land
• Injury at work caused by someone other than your employer

These claims are now in large part modified by the Civil Liability Act 2002 (NSW).

The Act sets out three conditions that must exist before negligence can arise.

A person is not negligent in failing to take precautions against a risk of injury unless

• It was a risk of which the person knew or ought to have known
• The risk was not insignificant
• A reasonable person in the circumstances would have taken those precautions

When considering these matters the Court must take into account the following

• The probability of the harm occurring if care were not taken
• The likely seriousness of the harm
• The burden of taking precautions to avoid the risk of harm
• The benefit to society of the activity that creates the risk of harm

Each case is determined on its own facts and circumstances, applying the principles as outlined above.

The law of negligence is complicated, and you will need the assistance of a Lawyer who is an expert in personal injury law to advise you whether or not you have a claim for compensation under the Civil Liability Act.

Yes.  You can sue an employer for injuries sustained under the Workers Compensation Act (NSW) 1987 if you can establish the following:

1. That you have an assessment of whole person impairment of 15% or greater and;
2. That you sustained your injury as a result of your employer’s failure to take reasonable care while in the course of your employment.

If you can establish both of these then you have an entitlement to seek payment of compensation as modified by the Workers Compensation Act.

The Workers Compensation Act allows only for payment of compensation in respect of past and future loss of income.

You are not entitled to claim damages for pain and suffering, future medical treatment, or future care and assistance in a claim against an employer.

These restrictions only apply to a claim for negligence against an employer.  They and do not apply in a claim against a non-employer.

The most common example of this is on a building site. A worker may get injured as a result of scaffolding collapsing, which was not the fault of the employer (for example, a plastering company) but it was the fault of the person who erected the scaffolding. You can sue the person or company responsible for erecting the scaffolding.