Pedestrian Accident Lawyers in Sydney and NSW

You can claim common law damages if the insurer has accepted that the driver of the motor vehicle was at fault, and you have more than a “threshold injury.”

To be eligible to make a Work Injury Damages claim, you must be able to demonstrate the following: ‑

• You must be able to demonstrate negligence on behalf of your employer or a fellow employee. Negligence is a breach of your employer’s duty to take reasonable care while you are in the course of your employment.
• You must also have a permanent impairment equal to or greater than 15% whole person impairment assessed by an independent doctor appointed by the Personal Injury Commission or as agreed with the insurer.

If both of these matters can be established, then you have an entitlement to seek payment of compensation in the form of damages. This is known as a Work Injury Damages claim.

Yes, the new Motor Accident Legislation for injuries received on or after 1 December 2017 now provides very strict time limits in which to make a claim.

These include the following: –

The motor vehicle accident must be reported to the police within 28 days of the accident.

• An Application for Personal Injury Benefits should be completed within 28 days of the accident but can be completed up to three months after the accident.
• If the insurer makes a decision that affects your ongoing entitlements to statutory benefits, this decision must be internally reviewed within 28 days.
• If you disagree with the insurer’s internal review, you can apply for a Merit Review to SIRA, which must be done within 28 days of receiving the internal review.
• A claim to determine the level of whole person impairment (WPI) should be made within two years from the date of the motor vehicle accident. If your WPI has not been assessed or is less than 10%, then weekly benefits cease two years after the motor vehicle accident.
• A claim for common law damages should be made within three years from the date of the motor vehicle accident. This will allow you to continue to receive weekly payments for up to three years (if your whole person impairment is 10% or less) or for up to a maximum of 5 years (if your whole person impairment is 11% or more).
• A claim to determine your common law damages must be made in PIC within three years from the date of the motor vehicle accident.

These time limits are very strict with limited rights of appeal. The time limits must be strictly complied with otherwise, there may be difficulty making a claim at a later time.