If you have made a claim and you are a driver, passenger, pedestrian, motorcyclist, cyclist, scooter or e-scooter rider, even if the accident was partially your fault and even if you can’t confirm the identity of any other party involved then you may be entitled to compensation.

Even if you are an innocent bystander or first responder and you have made a claim, then you may also be entitled to compensation for a psychological injury caused by emotional distress.

Workplace injury compensation can be covered by a Workers’ Compensation claim or by Common Law Negligence claims, or both.

The WA Worker’ Comp scheme is based on a ‘no-fault’ principle. This means you do not have to establish that your employer was at fault or negligent to make a workers’ compensation claim.

Accidents on construction, building or industrial work sites can be complicated, so an experienced lawyer is crucial. Construction, building or industrial work sites often have a complex mix of workers from a number of trades engaged by a number of different companies including labour hire. Regardless of whether anyone was to blame for your workplace injury, you will likely have a valid claim for workers’ compensation under the WA Workers’ Comp no fault scheme.

If the accident was caused by the fault of your employer and/or any one or more of the other trades or companies, then you may also be entitled to common law damages.

Accidents on mining sites can be complicated, so an experienced lawyer is crucial. Mining sites often have a complex mix of workers from a number of trades engaged by a number of different companies including labour hire. Regardless of whether anyone was to blame for your workplace injury, you will likely have a valid claim for workers’ compensation under the WA Workers’ Comp no fault scheme.

If the accident was caused by the fault of your employer and/or any one or more of the other trades or companies, then you may also be entitled to common law damages.

Owners, occupiers, lessors, lessees, tenants, property managers and strata companies must provide a safe premises for visitors, attendees and guests. Injuries caused by slips, falls or falling objects, where negligence can be proved, will be compensable by law.

There are many other circumstances, not just those involving a premises, where public liability will apply.

The Dog Act 1976 (WA) imposes strict liability on dog owners and people in control of dogs for injuries caused by a dog attack. Compensation can be claimed not only for injury caused by biting and mauling but also for injury caused by other types of aggressive behavior such rushing, jumping or lunging. If the victim falls to the ground as a result of an attack, then compensation can also be claimed for any injury suffered in the fall. The victim of a dog attack will be able to claim even if no one was at fault or negligent.

The Fatal Accidents Act 1959 (WA) allows the family members or dependents of a deceased person to seek compensation if the death was caused by a wrongful or negligent act or omission.

If a loved one has died due to injuries caused by the negligence of another person or company, then relatives may have claim to compensation for economic loss due to the loss of financial dependency as well as loss of services that the deceased would have provided.

The Criminal Injuries Compensation Act 2003 (WA) sets out the legal framework for compensating victims of offences and crime.  For victims who have suffered physical or psychological injuries the scheme is designed to provide compensation for injuries (pain and suffering), loss of income, expenses related to medical and psychological treatment and loss of some limited types of personal items (such a damaged clothing).

For a close relative of a victim who dies as a result of a criminal offence, the scheme is designed to provide compensation for loss of financial dependency, loss of domestic or parental service and funeral expenses.

You may have TPD insurance that has been arranged by your Superannuation fund managers, or you may have TPD insurance that you have arranged privately with or without the help of a financial adviser.

Different policies will have different definitions of TPD. Most policies with have more than one definition of TPD. Most will state that for an injury or medical condition to be covered under TPD, it must be severe enough such that the insurer is satisfied that it is unlikely that you will ever again be able to work in your occupation or in any other occupation for which you are suited by reason of your education, training or experience.
TPD benefits are payable as a single lump sum, are in addition to and paid without having any effect on your superannuation retirement fund.