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Foyle Legal

Strict time limits apply when making a claim.

PTSD Compensation Claims – PTSD from work & PTSD car accident compensation

If you are suffering from PTSD (post traumatic stress order), you may be entitled to PTSD compensation. PTSD from work and compensation for PTSD after car accident are probably the most common post traumatic stress disorder claims. There other PTSD causes, which may be compensable. If you or someone you know has made a PTSD claim or had their PTSD claim denied. Call Foyle Legal now for your no obligation consultation.

Don’t be misled by PTSD claims compensation calculator, PTSD compensation examples or PTSD compensation case studies. They are not reflective of your situation. The best way to find out where you stand with your PTSD compensation claim is an obligation free consultation with specialist PTSD injury lawyers at Foyle Legal. It’s free to find out where you stand.

NO WIN NO FEE means you do not have to pay our legal fee until we conclude your claim or you receive an award.

Hundreds of Successful Clients!

About PTSD

What is PTSD?

Post-traumatic stress disorder (PTSD) often refers to a mental illness in a person due to traumatic event or events. If you or some one you know is showing signs and symptoms of PTSD, please talk to a GP for PTSD treatment.

What can cause post traumatic stress disorder?

The common PTSD triggers that can cause PTSD includes:

  • Accidents – e.g, being involved or witness an accident, such as a car crash
  • Assaults – e.g, being a victim of crime, or witnessing an assault, such as shooting, kidnapping or robbery
  • Trauma – e.g, PTSD may be triggered by traumatic events, such as traumatic brain injury (TBI)
  • Natural disasters – e.g. being affected or witness by flood, fire, etc

How to get PTSD compensation?

PTSD insurance claims through workers compensation or through a compulsory third party (CTP) moyor vehicle scheme, and PTSD injury compensation claims are the most common ways to get PTSD compensation payouts. It is recommended that you talk to a lawyer for more information about what other compensation scheme may be available to you.

PTSD Insurance Claims

Prior to making any PTSD insurance claims, please check with your private insurer or superannuation fund regarding your policy statement as coverage for PTSD vary from one insurer to another.

Trauma insurance and total and permanent disability insurance (i.e, TPD insurance) insurance are often included in your superannuation policy or life insurance policy. The coverage may vary depending on your insurer. In general, metal illness such as depression, PTSD, anxiety orders are covered by your TPD insurance. Trauma insurance often covers physical illness or physical injuries. However, there have been cases that some trauma insurance have offered payout for PTSD.

If you are considering a PTSD insurance claim, It’s best to check with your insurance provider for eligibility.

Personal injury compensation for PTSD

If your PTSD is caused by the negligence of others and it has caused disabling consequence to your future earning and life style, you maybe entitled to PTSD compensation for your personal injuries.

In injury compensation law, PTSD compensation falls into the category of a psychological injury. Unlike physical injuries, it is often disputed by insurer or employers. If you have claim PTSD compensation for personal injuries, it is critical that you have a good compensation lawyer on your side!

How much is PTSD compensation is not as straightforward as PTSD insurance claims. Depending on what can cause post traumatic stress disorder, different parameters apply to the calculation of post traumatic stress disorder compensation amounts.

The common personal injury compensation claims for PTSD includes:

If you have a PTSD claim for personal injuries, Foyle Legal offers a no obligation consultation.

PTSD Workers Compensation Claim

Common occurrences of PTSD from work may include:

  • PTSD from bullying at work
  • PTSD from work stress
  • PTSD from toxic work environment

In addition, some professions are at higher PTSD risk than others. For example, we commonly see:

  • PTSD in healthcare workers
  • PTSD in social workers
  • PTSD in emergency room workers, including paramedics

Please note that simply stressed out because a properly conducted HR process, for example, a bad performance appraisal, often do not quality for workers comp PTSD claim.

How to Claim workers compensation PTSD?

If you want to claim workers composition payout for PTSD, please follow the follow process:

  • Immediately seek medical attention which could include first aid and report the injury to your employer in writing;
  • As soon as possible, see a doctor of your choice and ask for a First Certificate of Capacity;
  • Fill out a Workers’ Compensation Claim Form (available from the WorkCover WA website);
  • Make a copy for yourself of the Certificate and Claim Form, and then give the original documents to your employer.
  • Your employer has five working days to lodge the Certificate of Capacity and Claim Form with their insurer.
  • The insurer will notify you within 14 days after receiving your claim form.

If you are unsure about if you completed your PTSD claim form correct, please call Foyle Legal for obligation free appointment.

Time limit for PTSD workers compensation claim

Strict time limit applies for all workers comp claims. In WA, you must make a claim within 12 months of the accident. Exceptions may apply in special circumstances but making a claim after 12 months is likely to result in additional complications regarding your case.

What evidence do I need to provide for my post traumatic stress disorder compensation claims?

To be successful in claiming workers compensation payouts for PTSD, you will most likely need to provide proof about:

  • your PTSD diagnosis
  • your mental condition prior to your PTSD diagnosis
  • the traumatic event or events that caused your PTSD
  • contact details of any witness of the traumatic event or events

Like most of other psychological injury claims, rejected workers comp stress claims are common. However, this is not necessarily the end of road for your PTSD workers comp claim.  If you are had your PTSD claim rejected by the workers compensation insurer, contact Foyle Legal for your obligation free claim review. We help injured worker to get their workers comp claims accepted or to get the best outcome in the circumstances.

Workers comp PTSD settlement

In Western Australia, workers compensation payout for PTSD operates a no fault workers compensation system. This means, as long as you can prove that your PTSD is work related. You should qualify for work related PTSD compensation.

When negotiating workers comp settlement for PTSD, the key factors that determines your workers comp PTSD settlement often includes:

  • loss of income – both past and future
  • medical expenses – reasonable and necessary medical requirements
  • rehab costs
  • costs for care and assistance
  • approved travel expenses for medical appointments
  • costs for retraining – if you are unable to retune to your current profession
  • lump sum payment for your PTSD impairment

In addition, the insurer often makes a contribution towards your legal costs associated with your claim  at the settlement of your claim.

PTSD impairment payout (permanent impairment payout amounts)

The maximum amount available for impairment of mental incapacity is the sum of $228,307.00 for the year 1 July 2018 to 30 June 2019. This is the amount that would apply to PTSD disability compensation. It should be pointed out that if the whole amount was payable for a psychological injury payout the situation would be very extreme.

If your whole person impairment (WPI) is not less than 25%, you may have the option to pursuit a unlimited common law claim. In unlimited common law claims for psychological injury, there is no maximum cap for a workers compensation PTSD settlement.

PTSD Car Accident Claim

Trauma flashbacks, panic attacks are common symptoms of car crash PTSD. If you are injured, in a not at fault accident, or witness a traumatic accident, and showing signs of PTSD, you may be entitled to car accident injury compensation. To be successful at psychological trauma after car accident compensation, you need to be reviewed and diagnosed by qualified mental health care professionals.

If have made a claim for compensation for PTSD after a car accident, Foyle Legal can guide you through the process.

Not at fault accident without insurance – can I claim PTSD car accident compensation?

Yes. You can claim car accident injury compensation. Motor vehicle injury compensation is covered by CTP insurance. This is a compulsory insurance that each licensed vehicle must pay every year when renewing the vehicle’s registration. CTP insurance varies by state, it is important that you seek legal advice based on the state where the at fault vehicle is licensed. For example, if your car accident happened in Western Australia, and the at fault vehicle carries a WA licence plate, you should seek legal advice from car crash injury lawyers who deal with ICWA claims (Insurance Commission of Western Australia). For more detail, please check out how to claim CTP insurance in car accident injury claims.

How do I claim post traumatic stress disorder after car accident compensation?

If you intend to make a car accident injury claim for PTSD, please follow the steps below:

Please note that getting the help of a specialist PTSD lawyer will often make the process less stressful.

Car accident Claim Time Limit Notifying Insurer

Section 29 of the Motor Vehicle (Third Party Insurance) Act 1943 states that:

A person shall not, in respect of the death or bodily injury to a person directly caused by, or by the driving of, an insured or an uninsured motor vehicle by another person which may, under the provisions of this Act, give rise to an action or proceeding for damages against either an insured person or the Commission, commence or maintain such an action or proceeding unless the person proposing to claim the damages or some person on his behalf has given to the Commission, as soon as practicable after the occurrence giving rise to the claim, notice in writing prescribed by the regulations of his intention to make the claim.

Car Accident Time Limit on Commencing Court Action

Strict time limit applies for all motor vehicle accident injury claims.

In accordance with Section 14 of the Limitation Act 2005 (WA) An action for damages relating to a personal injury to a person cannot be commenced if 3 years have elapsed since the cause of action accrued. In respect of a personal injury claim for a car accident, the cause of action will ordinarily accrue on the date of the motor vehicle accident.

How much compensation for PTSD after car accident

When calculating PTSD car accident settlement, it is often the sum of the agreed payout can be broken down into the following categories:

  • Non pecuniary loss – money for pain and suffering, loss of enjoyment of life and loss of amenity and similar heads of damage;
  • medical expenses – this includes reasonable and necessary hospital, rehab costs, medical treatment costs
  • care and assistances costs
  • loss of income
  • loss of amenity
  • travel expenses for medical appointments

The Insurance Commission of Western Australia will usually make a contribution to your legal fees associated with your MVA claim when settling your claim.

PTSD Criminal Injuries Compensation

PTSD after robbery and assaults are the main causes for criminal injuries compensation PTSD claims. If the attackers are convicted, your crime victims compensation claim will have much higher chance of success. The maximum award for a victims of crime payout varies by State. For example, the maximum award in WA is $75,000, and the process could take 1-2 years. It is important that your criminal injuries compensation claim form and supporting documents are professionally prepared to prevent delays, and reduction of compensation.

Actions to Take

If you have made a PTSD compensation claim. Please contact a lawyer at Foyle Legal. We will listen to you and your concerns and guide you through your options in detail.  For all qualified personal injury claims, we take on your claim on No Win, No Fee basis. This means we don’t charge upfront legal fees, and we won’t charge you a cent in legal fee if we don’t get you a compensation.

Best PTSD Lawyers Near Me

What suburbs in Perth does Foyle Legal provide legal representation to?

Foyle Legal provides legal presentation to clients all over Perth. It includes but not limited to north of river, south of the river, Perth city areas, eastern suburbs, western suburbs and Fremantle areas.

North of the river – Northern Suburbs

Ballajura – Bassendean – Bayswater – Beechboro – Carine – Carramar – Clarkson – Connolly – Currambine – Dianella – Doubleview – Duncraig – Eden Hill – Edgewater – Embleton – Glendalough- Greenwood – Gwelup – Heathridge – Hillarys – Inglewood – Innaloo – Joondalup – Kallaroo – Karrinyup – Kingsley – Landsdale – Maida Vale – Malaga – Marangaroo – Mindarie – Mindarie Keys- Morley – Mullaloo – Munster – North Beach – Osborne Park – Padbury – Scarborough – Shenton Park – Sorrento – Trigg – Tuart Hill – Wanneroo – Warwick – Waterman – Wembley Downs – Woodlands – Woodvale – Yanchep

South of the River – Southern Suburbs

Alfred Cove – Applecross – Ardross – Attadale – Bateman – Beaconsfield – Beeliar – Bentley – Bibra Lake – Bicton – Booragoon – Bullcreek – Canning Bridge – Canning Vale – Cannington – Casuarina- Cockburn – Como – Coogee – East Victoria Park – Forrestdale – Gosnells – Jandakot – Karawara – Kelmscott – Kwinana – Melville – Mount Pleasant – Palmyra – Shelley – Spearwood – Success – Wattle Grove – Welshpool – Willetton – Wilson – Winthrop

Perth Inner City

Burswood – CBD/Northbridge – East Perth – Highgate – Leederville – Maylands – Mount Hawthorn- Mount Lawley – North Perth – South Perth – Subiaco – Victoria Park – West Leederville – West Perth – CBD – Kings Park – Northbridge – Perth

Eastern Suburbs

Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale

Western Suburbs

Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley


East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle

Does Foyle Legal provide Legal presentation to surrounding areas of Perth?

Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.

Avon Valley

Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo

North Coast & Valleys

Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge

Peel Region

Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra

Perth Hills

Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong

Swan Valley

Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman

Does Foyle Legal provide legal service to clients in Regional WA?

Yes, we service all of WA, including remote or regional areas of Western Australia.
Caiguna – Cocklebiddy – Madura – Mundrabilla – Esperance – Woody Island – Goldfields – Balladonia – Boulder – Broad Arrow – Coolgardie – Cue – Gwalia – Kalgoorlie – Kalgoorlie-Boulder – Kambalda – Kookynie – Laverton – Leonora – Menzies – Murchison – Norseman – Warburton – Hopetoun – Munglinup – Ravensthorpe – Wheatbelt – Bolgart – Broomehill – Caballing – Corrigin – Gnowangerup – Holleton – Hyden – Kulin – Lake Grace – Lake Yealering – Merredin – Mullewa – Narembeen – Narrogin – Nungarin – Wagin – Wandering – Watheroo – Williams – Coral Coast – Cervantes to Dongara – Badgingarra – Cervantes – Dongara – Eneabba – Green Head – Jurien – Leeman – Mingenew – Port Denison – Coral Bay – Exmouth – Ningaloo Reef – Abrolhos Islands – Carnamah – Geraldton – Greenough – Northampton – Kalbarri – Port Gregory – Carnarvon – Denham – Monkey Mia – Shark Bay – North West – The Kimberley – Broome Peninsula – Broome – Cable Beach – Roebuck – Dampier Peninsula – East Kimberley – Halls Creek – Kununurra – Lake Argyle – Warmun – Wyndham – West Kimberley – Derby – Fitzroy Crossing – The Pilbara – Karijini -Pilbara Coast – Dampier – Karratha – Onslow – Point Samson – Port Hedland – Roebourne – South Hedland – Thevenard Island – Wickham – Pilbara Outback – Marble Bar – Newman – Pilbara – South West – Blackwood River Valley – Balingup Area – Balingup – Mullalyup – Boyup Brook Area – Boyup Brook – Bridgetown / Greenbushes Area – Bridgetown – Greenbushes – Nannup Area – Jalbarragup – Nannup – Geographe / Bunbury – Bunbury Area – Australind – Bunbury – Eaton – Collie River Valley Area – Collie River Valley – Donnybrook / Capel – Capel – Donnybrook – Glen Mervyn – Kirup – Peppermint Grove Beach – Ferguson Valley Area – Dardanup – Ferguson Valley – Wellington Mill – Wellington Mills via Dardanup – Harvey Area – Binningup – Cookernup – Harvey – Myalup – Preston Beach – Yarloop – Great Southern – Albany Coast – Albany – Big Grove – Bornholm – Emu Point – Little Grove – Middleton Beach – Redmond – Robinson – Bremer Bay Coast – Bremer Bay – Denmark Coast – Bow Bridge – Denmark – Golden Hill – Hazelvale – Kentdale – Nornalup – Frankland River – Frankland – Kojonup – Mount Barker / Porongurup – Amelup – Cranbrook – East Porongurup – Kendenup – Manypeaks – Mount Barker – Narrikup – Porongurup – Margaret River – Busselton/Vasse – Broadwater – Busselton – Geographe – Vasse – Dunsborough/Yallingup – Bunker Bay – Cape Naturaliste – Carbunup – Carbunup River – Dunsborough – Eagle Bay – Marybrook – Naturaliste – Quedjinup – Quindalup – Yallingup – Margaret River Central – Forest Grove – Forest Grove via Margaret River – Gnarabup – Gnarabup Beach – Karridale – Margaret Region – Margaret River – Prevelly Park – Rosa Glen – Margaret River North – Chapman Hill – Cowaramup – Gracetown – Metricup – Wilyabrup – Witchcliffe – Yelverton – Margaret River South – Augusta – Kudardup – Southern Forests – Manjimup Area – Donnelly River – Manjimup – Nyamup – Quinninup – Northcliffe Area – Pemberton Area – Pemberton – West Pemberton – Walpole Area – North Walpole – Walpole
Foyle Legal exceeded my standards and really helped me with my motor vehicle accident injury claim. I wouldn’t have been able to do it without Foyle more
Maddy Grutt
Maddy Grutt
Would just like to say a BIG THANK YOU to Christian Foyle and his team for helping me with my workers comp claim. I can not say how much I appreciate your help from the very first meeting.Christian took the time to listen to me and Answer all my questions and explain what is a very long and stressful process but how he thought things would go In a way any person could understand he never gave out faults hope or negative feelings was always up front and honest with what is a very difficult time .Thank you thank you so much.If you are in need of legal advice this is the man and company that will go the extra for you give them a call You will be glad you did I know I was .THANK YOU FOR EVERYTHING CHRISTIAN AND YOUR TEAM 😃read more
Ruth N Peter Hardie
Ruth N Peter Hardie
My experience with Christian and the team was very pleasing and the outcome exceeded my expectations. I would highly recommend more
Nigel Housden
Nigel Housden
Sending a big thank you to Christian Foyle! - Such friendly & professional service.....Sorting legal documents is not a few of our favourite things! All of our questions were clearly answered, great advice given , so we confidently left with the documents signed, sealed & delivered in just one appointment- an extremely pleasant surprise. Happy to recommend Foyle Legal to everyone 😊read more
Cheryl Lennox
Cheryl Lennox
Christian Foyle was extremely helpful and helped me to get the best result in my workers compensation claim. Foyle Legal helped me at a WorkCover WA conciliation conference and I would have had a hard time doing it more
Chris Stevens
Chris Stevens
Foyle legal is by far the best legal service I have ever come across they went above and beyond for me. I had an extremely complicated case and they were there by my side the whole way. I had the best outcome with EXTREMELY fair prices!! Look no further then foyle legal. A++++++read more
Chloe Teresa
Chloe Teresa
I found Foyle Legal to be very professional and they met what I expected. I would be happy to recommend them to anyone I know who needs a personal injury lawyer. The workers compensation process was not what I expected and they helped a more
Teresa Culpin
Teresa Culpin
I came to see Foyle Legal because I was not sure how much my workers compensation claim was worth. They helped me to negotiate a settlement of my claim and I think I am sure the best possible outcome. These guys are worth contacting if you have any queries. Iread more
Brian Heberley
Brian Heberley
My injury has been going on for 2 years and I didn’t know what to do. When I first went there, they spent the time to help me, instantly I was clear about what to do next. I have now received my compensation payout and I am happy with the outcome. I have referred them to my friends who have personal injury more
Jim Keo
Jim Keo
I was very happy as Foyle Legal got me almost double the amount I was expected for my foot amputation work more
Tim Martin
Tim Martin
Explained my workers compensation very well. Very experienced and knows what to do. I am happy with the good time frame. I appreciate your good job with your team thank more
Deklinsman Nkemjika
Deklinsman Nkemjika
I did not know what to do with my stress related Workers compensation claim. Foyle Legal helped me to get reports from my GP and a psychiatrist. They provided me with as lot of help preparing statements. I am happy I had their representation as i was very stressed and i am happy with the way things turned more
Liliana Andri
Liliana Andri
I underwent several years of being abused by passengers as a bus driver. Foyle legal helped mw to get the medical reports i needed in circumstances where my gp was slow in providing a more
Karen Nevard
Karen Nevard
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury more
Anthony Daniels
Anthony Daniels
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my more
Roxann Campbell
Roxann Campbell
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my more
Daniela Colantropo
Daniela Colantropo
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever more
Paul Beard
Paul Beard
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as more
Ajak Kuer Ajak
Ajak Kuer Ajak
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the more
Lucinda Hogan
Lucinda Hogan
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever more
Theresa Southam
Theresa Southam
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle more
Brendan Arthur
Brendan Arthur
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