In Australia, personal injury is well compensated. The costs of hospitalization as well as rehabilitation are properly compensated and reimbursed under the personal injury compensation schemes.
In claiming personal injury compensation, it is essential that we are able to identify the type of personal injury sustained.
Work Injury Compensation
To be qualified as work injury, it is essential that the injury sustained is in connection with an individual’s work. It is worth noting that the idea of an injury being related to one’s work can be broadly defined.
Injuries sustained while working may be clear instances of work injury. Sometimes, though, it is enough that the injury occurred in the place of employment, or even while simply travelling to the workplace.
The concept of a ‘bunkhouse rule’ may add another dimension.If an employee is required to stay in company accommodations as a requirement for the job, any injury sustained therein may also be entitled to compensation.
Car Accident Compensation
In this case, it is necessary to prove that the person claiming compensation is without fault and that the accident was not due to negligence on their part. It must be shown that the event that caused the injury was caused by a factor entirely out of the control of the injured person and is something that cannot be foreseen so that the individual could not have avoided the situation.
Finally, in cases involving negligence claims, the claimant has the burden of proof to show that a person had the duty to comply with a certain degree of diligence and that this person had failed in that regard. The claimant should also prove that the injury was not caused or aggravated on their part.
In all cases involving claims for personal injury compensation, it is important that a knowledgeable lawyer assists the claimants accordingly. This is so that the claimants will have a better chance of fully presenting their cases.
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