Accidents might happen in the least expected time and when they do, the results can be challenging. In-depth research demonstrates that the biggest concerns of physically impaired people are the financial difficulties of their families. However, this situation can be minimised by taking wise actions and compensating for your loss as, under the laws, if you are permanently impaired with a specified degree, you may claim compensation. This compensation can include monetary damages for the victim’s lack of earning capacity, impairment and emotional sufferings.
What is it to be impaired?
If an individual’s capacity to perform daily tasks is decreased as a result of an injury, loss of his/her vision, mental capacity or loss of the functions of a part of the body, it is determined as an impairment. Such injuries can occur whilst work in an industrial area, manufactory or construction, in public places and due to medical malpractice. Under the laws, other than motor vehicle collisions and workplace injuries, if someone else is responsible for your injuries, you may claim compensation. On the other hand, to a limited extent in motor vehicle accidents and in workers compensation claims, you are eligible to make a claim regardless of fault.
Personal injury claims
People suffering severe and permanent injuries might be under harsh conditions as their capacity to perform daily tasks and capacity to work and earn can be reduced drastically. For this reason, laws give them the option to request compensation from the liable party. Under laws, after motor vehicle accidents, accidents in public places and in a situation of medical malpractice, personal injury compensation can be claimed. The content of the compensation will greatly aid the injured party to cover his/her loss. However, the total compensable amount will reflect the victim’s lack of self-care. Laws state that the victim’s contribution to the severity of the injuries can decrease the total amount of compensation.
Motor vehicle accidents
As stated in the Motor Accidents Act of NSW, motor vehicle drivers, passengers and even pedestrians can make a compensation claim if their injuries occurred from a driver’s negligence. Whilst occupying the traffic, we all owe a duty to others which is to prevent actions that might cause them harm. Under the laws, this is called the duty of care. It is expected from us to contribute to public safety by driving and acting responsibly, hesitating to perform actions that can lead to dangerous situations and respect the others. In motor vehicle accidents, this duty can be breached by driving irresponsibly. The negligent drivers can face lawsuits in case the duty is breached. The party caused the injuries might be put in a position to be liable for the victim’s sufferings.
Public liability accidents
The same duty applies in daily routine. Even simple reckless actions can lead to devastating results for the others. Those who suffer injuries and impairment as a result of a business’s negligence, are eligible to claim public liability compensation. Most public negligence occasions are encountered in crowded areas such as restaurant, shopping centres, museums, cinemas, parking lots and schools.
The employers’ duty of care is to provide a safe workplace which is isolated from risk factors. However, as workers working in harder conditions, many factors can lead to workplace accidents. Employer’s responsibility is to maintain a safe working environment, providing safety gears and safe equipment and keep them maintained and updated. Although the majority of the workplace accidents result in minor injuries, the number of accidents ending up with serious incidents are unignorable. To prevent being liable for workplace accidents, employers should take care of their businesses regularly.