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Malaga, WA 6090
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Workers Compensation Claim & Workplace Mental Health in Bunbury
Bunbury has a higher percentage of employment in manufacturing, construction, retail trades, healthcare & social assistance. These are all high-risk industries for workers compensation in WA.
Disputes regarding Workers compensation claims in WA are decided by Workcover WA in Shenton Park. If you are suffering a workplace injury or illness caused by your work, you may be entitled to workers compensation and benefits.
No-fault workers comp claim vs workers comp common law claim
There 2 types of workers compensation claim in WA:
statutory workers compensation scheme, it is often referred to as a no-fault worker’s comp claim.
To qualify a statutory workers comp claim, you do not need to prove negligence.
workers compensation common law claim.
To qualify a workers comp common law claim, you need to have a WPI rating of not less than 15%, elect to pursue common law damages and you need to prove that your injury or disease is due to the negligence of your employer.
Foyle Legal is best known for being one of the top worker’s compensation lawyers in Perth. If you have a made a workers compensation claim in WA, we can help you!
How much compensation can I claim?
The maximum you can claim in weekly payments of compensation in a no-fault workers comp claim is $235,971.00 (accurate as at early 2021).
The maximum you can claim in a limited common law claim is $495,542.00 minus workers compensation payments made to-date (accurate as at early 2021).
If you are assessed by a Judge as having a whole person impairment of not less than 25% then you have an unlimited common law claim, there is no limit on how much compensation you can receive.
Workplace Stress Claim for Mental Health
Stress claims from work are rising in recent years. Unfortunately, they are more complex than other work injury claims and most stress claims are rejected by the insurance company. If your stress claim is rejected, or pended by the insurer. Don’t worry. It’s not the end of the road. Contact Foyle Legal for your obligation free workers compensation claim review. If your mental health condition is caused by your work, we can help you to fight for your compensation.
Motor Vehicle Accident Claim in Bunbury
Bunbury is a key transport corridor between the Perth Metro and South West. In combination, these 2 regions account for almost 90% of the new motor vehicle accident claims received by Insurance Commission of Western Australia (ICWA) in 2020. Pedestrians, motorcyclists, cyclists, and passengers of a motor vehicle are the most vulnerable road users and represents the highest number of car accident claims received in 2020.
ICWA Claim Explained
If you are injured in a motor vehicle accident and you are not entirely at fault, you may be entitled to make a motor vehicle accident injury compensation claim. When you make a motor vehicle accident claim in Western Australia, you are claiming compensation from the Insurance Commission of Western Australia (ICWA) as the compulsory third party (CTP) insurer of the liable driver.
All CTP insured motor vehicle in Western Australia have CTP cover. If you are hurt by a CTP insured vehicle and you’re at not fully at fault for the accident, you may have a qualified ICWA claim.
The most common types of motor vehicle accident claims include personal injury caused by one of the following types of motor vehicle:
- Caravans and trailers
- Goods vehicles – e.g. forklift
- Farming vehicles – e.g. harvester or a tractor
How to claim compensation for a car accident?
The process of claiming compensation for a car accident follows the same process as other types of ICWA claim.
- inform the police of the motor vehicle accident
- attend medical treatment
- lodge an online crash report form
- lodge the intention to make a claim form with ICWA
- wait for ICWA to investigate your motor vehicle accident claim, and get back to you with a decision
If your ICWA claim is accepted, you should be receiving payments for medical treatment right away
If your ICWA claim is rejected, don’t worry! As long as you meet the criteria for making a motor vehicle accident injury compensation claim in WA, Foyle Legal can help you to get your ICWA claim accepted.
Who can claim compensation for a motor vehicle accident?
Anyone who is injured in the motor vehicle accident may claim compensation for your motor vehicle accident as long as you are not 100% responsible for the accident. Typical claimers for ICWA claims are:
- drivers of cars
- farming vehicle operators
- truck drivers
- train drivers
- bus drivers
If your motor vehicle accident happened at work, you may also be able to claim workplace injury compensation through WorkCover.
What can you claim if you are injured in a motor vehicle accident?
If you have an accepted motor vehicle accident claim. You can claim payments for:
- Treatments and support services.
- Economic loss – both current and future economic loss.
- Pain and suffering.
- Dependency payment if you are financially dependent on a fatally injured people from a motor vehicle accident.
What expenses does ICWA pay?
In 2020, the top 10 services funded by ICWA were:
- doctors appointments
- chemist expenses
- exercise programs
- X-rays and scans
- Psychologist and psychiatrist
- OT (occupation therapist)
Proper record-keeping is important for claiming expenses from ICWA. Generally, ICWA will need a receipt in order to make a claim.
Medical Negligence Claim in Bunbury
The South West Health Campus in Bunbury, together with St John of God Bunbury forms the biggest hospital service for greater Bunbury region. In addition, there over 700 healthcare providers are actively providing medical service in and around Bunbury.
The reality is medical negligence claim happens more than expected. It’s more prevalent in busy practice or hospitals with high staff turn over.
Medical negligence claim process?
Medical negligence claims are are the most complex type of personal injury claim.
The standard of proof for a claim against a health professional is relatively high. Section 5PB(1) of the Civil Liability Act 2002 relevantly states:
“An act or omission of a health professional is not a negligent act or omission if it is in accordance with a practice that, at the time of the act or omission, is widely accepted by the health professional’s peers as competent professional practice.”
The above does not usually apply to pregnancy-related cases (see Section 5PB of the Civil Liability Act 2002).
It is important to make sure you only bring a claim if you are sufficiently confident that you will win. A failed a medical negligence claim can be much more costly in time and money compared to other types of personal injury claims.
If you are unsure about your medical negligence claim. Contact Foyle Legal for an obligation free claim review. We will advise you the chance of success so that you can make an informed decision regarding your medical negligence claim.
What are the common areas of medical negligence?
What is the typical medical malpractice claim?
A typical medical negligence claim may include but not limited to:
- Testing errors and delays
- Pregnancy management and birth injuries
- Injuries due to errors during operations or improper after surgery care
- Anesthetics errors
- Nerve damage
- Surgeon errors
- Medical errors
- Hospital errors
- GP and specialist errors
What can you claim medical negligence compensation for?
In general, you may be able to claim compensation for:
- Loss of life expectancy
- Pain and suffering
- Economic loss – past and future
- Payment for cares
- Medical expenses – past and future
- Home modification costs
Who can I claim against in a medical negligence claim?
If you have a valid medical negligence claim, you may claim against the negligent medical provider individually, and/or the negligent facility. For example,
- Medical practice
- Medical clinics
- Doctors, GPs and specialists
- Allied health providers such as physios, and chiropractors
TPD claims and income protection claim in Bunbury
If the medical malpractice, workplace accident or the motor vehicle accident causes total permanent disability and you lose the ability to earn an income then you may have an entitlement to TPD claim benefits or income protection benefits. People often have these insurance benefits through their superannuation.
Criminal Injuries Compensation in Bunbury
The maximum compensation for a victim of crime compensation claim is only $75,000 for one incident. If you believe the assessment of your criminal injuries compensation claim is incorrect, then your choices will ordinarily be to accept the decision or to appeal the decision. If you factor in the cost and time involved to appeal the decision, it is often the case that the victim of crime should really focus on getting the maximum compensation at first go to eliminate the additional costs to appeal the decision.
Foyle Legal use our knowledge and experience to make sure you get the maximum compensation for your criminal injuries compensation claim at the first go.
Personal Injury Compensation Lawyers Bunbury
What suburbs in Bunbury does Foyle Legal provide legal service to?
All lawyers at Foyle Legal are qualified as both solicitor and barrister. We provide legal services to all suburbs in the City of Bunbury. It includes but not limited to: Bunbury, Carey Park, College Grove, Davenport, East Bunbury, Glen Iris, Pelican Point, Picton, South Bunbury, Usher, Vittoria, Withers.
Does Foyle Legal provide legal services to surrounding areas of Bunbury?
In addition to the City of Bunbury, Foyle Legal also provide legal advice to greater Bunbury region, such as Shire of Harvey, Shire of Dardanup and Shire of Capel.
Shire of Harvey
Australind , Beela , Benger , Binningup , Brunswick Junction , Cookernup , Harvey , Hoffman , Kemerton , Leschenault , Mornington , Myalup , Parkfield , Roelands , Uduc , Warawarrup , Wellesley , Wokalup , Yarloop
Shire of Dardanup
Burekup , Crooked Brook , Dardanup , Dardanup West , Eaton , Ferguson , Henty , Millbridge , Paradise , Picton East , Waterloo , Wellington Forest , Wellington Mill
Shire of Capel
Capel , Boyanup , Capel River , Dalyellup , Elgin , Forrest Beach , Gelorup , Gwindinup , Ludlow, North Boyanup , Peppermint Grove Beach , Stirling Estate, Stratham , The Plains.