Personal Injury and Compensation

Generally, if you suffer an injury then it is likely that you could benefit from some form of protection that attaches to you, another person, your employer, a public authority or an insurance provider.  We assist you to ensure that you receive the benefit of all entitlements you may have to compensate you for your injuries.

Workers Accidents and Compensation

If you have been injured while you are at work or traveling to work you may be entitled to make a claim for workers compensation benefits or WorkCover claim. It is mandatory for all employers in Queensland to have Workers’ Compensation Insurance.

Workers Compensation claims in Queensland are designed to protect and support workers who have been injured at work. If you have been injured on the job you may be able to make a claim for lost wages, medical, rehabilitation and other expenses as well as other benefits.

Because of the way workers compensation insurance is structured you may be eligible for coverage even if you consider yourself to be self-employed or are referred to as a sub-contractor. Usually if most of your work is for one organisation or you are treated by the organisation in a similar way to an employee you are likely to be covered by WorkCover insurance in the same way as traditional employees.

During the WorkCover claim process you may be provided with a Notice of Assessment or a lump sum offer, if this happens then you should obtain independent legal advice prior to accepting or signing anything. Strict time limits also apply to certain documents under the WorkCover legislation and it is always best to obtain legal advice if you are uncertain of anything during the process. Butler McDermott Lawyers will be able to assist your through this process and advise you of your rights throughout.

If your injury was caused by or due to the fault or negligence of your employer, co-worker or any other third party you may be entitled to also bring an additional claim.

As strict time limits apply throughout the Workers’ Compensation process so it is important for you to be informed of those time frames, we at Butler McDermott Lawyers have many experienced lawyers who can help you throughout the process.

Public Liability Claims

If you have sustained an injury in a public or private place, other than at work or in a motor vehicle accident then you may be able to make a public liability claim. Public liability claims can happen at many different places and it is always best to seek independent legal advice to see whether you have a claim to make.

For a public place claim to be successful then you must show that a third party was either negligent or did not take reasonable care for your safety while you were at their place and that this caused your injury.

If you have been injured and can prove that another person was at fault then you are likely to be able to bring a public liability claim against them. It is always important to seek independent legal advice if you think you may be eligible to make one of these claims. Butler McDermott Lawyers are able to assist you with all Public Liability Claims and are able to advise you of your options in relation to bringing a claim, as strict time frames often apply to these types of claims it is important to call us as soon as you can to ensure you receive the advice you need.

Motor Vehicle Accident Claims

If you have been involved in a car accident and have been injured, as a result of the negligence of another driver, whether you were in a car, riding your pushbike, using public transport or as a pedestrian you may have a Compulsory Third Party Insurance (CTP) claim to make. CTP insurance provides people who have been injured, as a result of a car accident, with the ability to make a claim when the accident was the fault of another person. Butler McDermott Lawyers are able to assist you in the CTP claim process.

If the accident caused a fatal injury, financial dependents may have a right to bring a claim regarding funeral expenses and their loss of dependency.

Even if the vehicle that caused your crash cannot be identified or was unregistered at the time of the collision there may still be the ability to bring a CTP claim, however the time limits are much shorter. For these claims the CTP insurer is the Nominal Defendant.

It is critical that you consult a lawyer if you have been involved in a motor vehicle accident in Queensland

This is so that you know what your rights are as well as obtaining advice on all the available benefits or lump sum compensation available to you. Unfortunately, the insurance company is unable to provide you with legal advice which is why it is important to always obtain independent legal advice.

One of our experienced lawyers will be able to advise you on your rights and options regarding motor vehicle accidents in Queensland.

As soon as you can after your accident you should make sure to obtain all details of other persons involved in the collision, photographs of any injuries and vehicles involved in the accident.

Our Fees

Butler McDermott Lawyers generally offer no win no fee payment options to most claims for motor vehicle accident claims. This means you do not pay for professional fees unless your case is successful. No win no fee payment options are there to assist those whose financial circumstances might otherwise deny them access to legal representation. We will provide you with documents that provide you with the details of our payment options so that you know exactly what our fee structure is. Butler McDermott Lawyers will not be retained as your lawyers until the documents are signed and returned to us.

Additional Claims

If you are injured and have a current superannuation policy then you may have additional claims to make. Many superannuation policies have additional insurance policies attached to them for total and permanent disablement (TPD), partial and permanent disablement and income protection.

Butler McDermott Lawyers are able to assist you with bringing a claim against your superannuation policy and for any insurance you may have attached to it. Time limits apply so it is very important to consult a lawyer at the first opportunity so that you know what your rights are in relation to any claim you may be able to bring.

 

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