No one plans to sustain an injury during the course of their employment or plans to be injured in a motor vehicle accident on our roads. Often, when a workplace injury occurs or an individual is involved in a motor vehicle accident, life as you ‘knew it’ changes significantly from the second that injury occurs.
A personal injury claim is tough enough, right?
Wrong. Following a personal injury claim, a claimant is often inhibited by new-found restrictions such as inhibited daily movement, effects on daily domestic activities and the ability to look after yourself and your family.
We see it all too often, injured claimant’s pushing and straining themselves (often beyond their capacity) and fighting through pain to ensure that they maintain ‘life’ as it was before their accident.
Many claimants are completely unaware that they are entitled to domestic assistance and aid under the Workers Compensation and Motor Accident injuries acts. Often after we speak to claimants, the next thing we hear from them is “I bought a shower chair, last month for home” or “I have been paying a domestic cleaner for the past three months, since my injury” which is always followed by “I did not know that I was entitled to help”.
Section 60 of the Workplace Injury Management and Workers Compensation Act 1998 and Division 3.24 of the Motor Accident Injuries Act 2017 outlines that an employer and the respective Workers Compensation or CTP insurer have an obligation to assist injured claimants with regard to all reasonable and necessary ‘treatment and care’ expenses.
The words reasonably necessary and treatment and care are also importantly defined in s60 of the Workplace Injury Management and Workers Compensation Act 1998 and in Division 3.24 of the Motor Accident Injuries Act 2017.
With regard to domestic aid and assistance, one size does not fit all and you should always consult your treating General Practitioner regarding any reasonably necessary medical treatment or care. It may very well be likely that you are entitled to this assistance following your personal injury claim.
A great tip for claimants, is that they are legally allowed to appoint their own rehabilitation provider from the beginning of their respective personal injury claim to assist them on the road back to recovery.
Often, at the start of your personal injury claim, the respective insurer will assign a rehabilitation provider to you by default which from time-to-time results in missed opportunities for the claimant to access this type of assistance or help.
A rehabilitation provider is an integral part to any personal injury claim as they act as a ‘middle-man’ between you and the insurance company. Personal Injury lawyers should always advise claimants on their entitlements to domestic assistance and domestic aid and rehabilitation providers will advise you on exactly what domestic assistance or domestic aid is suitable for your personal circumstances.
If you find yourself or someone you know, in the unfortunate predicament of a personal injury claim, the main focus should always be ensuring that adequate support is provided and the road to recovery ahead.
Turner Freeman Lawyers are dedicated to ensuring that claimants receive adequate assistance throughout their personal injury claim. We encourage you to call 13 43 63 to speak with one of our Personal Injury Specialists today. Our NSW offices are in Sydney, Parramatta, Narellan, Newcastle, Penrith, Wollongong and Gloucester.
