6/2 Carson Road,
Malaga, WA 6090
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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:
- PTSD from work – this often result in workers compensation claims
- PTSD after car accident – this often result in motor vehicle accident injury claims
- PTSD after robbery – this often result in criminal injuries compensation claims
PTSD Workers Compensation Claim
Common occurrences of PTSD from work
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 including WorkCover stress claim. 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.
Don’t settle your worker’s comp claim for less. Workplace injury lawyers at Foyle Legal will help you to get fair compensastion.
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
PTSD car accident compensation basis
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:
- You should report the accident to the Police through the Crash Report internet site if the police do not attend directly;
- Give notice the CTP insurer (usually Insurance Commission of Western Australia), and complete your local car accident injury claim form and medical authority form.
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 - 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
If you engaged a car accident injury lawyer, 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
PSTD from crime and assaults
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.
Foyle Legal Provides Legal Services to all of WA
What suburbs in Perth does Foyle Legal provide legal representation to?
Looking for best personal injury & workers compensation lawyers near me in Perth? Foyle Legal provides legal presentation to Workcover claims, workplace injury claims, work accident claims, accident injury claims, and all personal injuries 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
Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale
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 Representation 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 – 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
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
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
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