If you've been hurt at work, on the road or somewhere public, the rules and deadlines depend on how and where you were injured. Here's how injury claims work, and the personal injury lawyers we list in each city.
Personal Injury lawyers by city
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The main types of injury claim
- Workplace injuries go through your state's workers compensation scheme, or the Comcare scheme for Australian Government employees and staff of some large companies licensed to self insure under it. Weekly payments and medical costs are usually available whoever was at fault.
- Road accidents are covered by each state's motor accident scheme. Some are fault based and some pay benefits regardless of fault. See our car accident lawyers page for how each state works.
- Public liability claims cover injuries in shops, public places or on someone else's property, where someone's negligence caused the injury.
- Medical negligence claims are for harm caused by a health professional falling below the expected standard of care.
Each state also has civil liability laws that set thresholds and caps on some types of compensation, which is one reason a local lawyer matters.
What to do after an injury
- Get medical treatment and tell your doctor exactly how the injury happened.
- Report it. To your employer for a workplace injury, to police for a road accident, or to the business or property owner.
- Keep records: photos, witness details, receipts and time off work.
- Get advice early. Notice deadlines for some schemes are short.
What to ask before you hire one
- What exactly do I pay if I win, and if I lose? Get it in writing.
- Who will handle my claim day to day? Large firms often pass files to junior staff.
- How many claims like mine have you run in this state?
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Personal Injury lawyers: common questions
How long do I have to make a personal injury claim?
For many claims the general limit is three years, but it depends on the state and the type of claim, and some schemes have much shorter notice deadlines, sometimes only weeks or months. Speak to a lawyer early rather than assuming you have time.
How do injury lawyers charge?
It varies between firms, and the terms are set out in the costs agreement you sign. Read it before you sign, and ask what you'd pay if the claim succeeds and if it doesn't, including out of pocket costs like medical reports.
Can a lawyer take a percentage of my compensation?
In most of Australia, lawyers can't charge a fee calculated as a percentage of your payout. Their fees are based on the work done, though the total is often paid out of your settlement at the end.
Do I need a lawyer for a workers compensation claim?
Not to lodge a claim, but a lawyer helps if your claim is disputed, payments stop, or you may be entitled to a lump sum or a common law claim for a serious injury.
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