Most Important Legal Issues To Be Addressed In Compensation Management
A compensation claim can be filed by anyone who has been injured by a third party and it wasn’t the injured person fault. That means you can lodge a compensation claim after a motor accident, an injury at work, a fall at a local shopping mall, or for medical negligence.
In short, if you have been injured and the situation was beyond your control you probably have a compensation claim. You’re not alone, there were over 120,000 workers compensation claims in 2019-2020, that’s not including other types of compensation claims.
It is important to note that compensation claims can be difficult to assess. To get the best possible outcome it is advisable to hire a reputable specialist, such as this compensation lawyer Burwood.
Let’s take a look at the legal issues that need to be addressed.
Timing
If you feel you have a case to make a compensation claim then you should be aware there are deadlines that need to be adhered to. In most cases, if you’re filing a compensation claim you have to file it within three years. However, if it is in relation to a motor accident you have just three months and you will need to have filed a police report within 28 days of the accident.
You should also note different states have their own guidelines and rules. As soon as you think you have a claim check your state rules to ensure you comply with their deadlines.
The Amount
This is one of the biggest hurdles in any claim. Fortunately, there are ways in which you can arrive at an approximate amount which is fair.
The basic premise is that you should be returned to the situation you were in before the accident. That means being capable of the same job and having the same future prospects.
If the injury is short term, then the compensation claim will revolve around the amount of earnings you will lose while healing. Naturally, all medical bills will also be paid by the compensation.
However, if the injury is life-changing or long term then the amount of compensation will need to reflect this. That means considering what you could have earned in your current role and what you are likely to be able to earn. The difference will be multiplied by average life expectancy minus your current age to get a fair compensation amount.
Of course, alongside this, the medical bills will need to be covered.
You can also get compensation for emotional distress, although this is much harder to put a figure on. Emotional distress covers the changes in your personality and ability to undertake social activities due to the fact you have flashbacks, self-doubt, and other mental issues.
Assessing The Amount
The only way to get a fair estimate of compensation amounts is to have a professional assessment. That means you’ll need appointments with healthcare professionals, career advisors, and mental health advisors.
The good news is most compensation lawyers will take their fee from your compensation award, meaning you don’t need to pay them upfront.
