Gaius Whiffin featured on 2GB discussing personal injury claims - 18 September 2021
Gaius Whiffin providing Q & A on the 2GB Chris Smith Show discussing Personal Injury 18 September 2021
CS – Chris Smith/GW –Gaius Whiffin /C1,2,3, etc – Callers
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Read the transcript below:
CS We’ve got a listener buy the name of Lyndall who’s reached out to us, she says she has heard that the law has changed and if you are now injured in a motor vehicle accident you cannot claim lump sum compensation even if the accident is not your fault, is this correct?
GW No it’s not, the law did change in December 2017 and what happens now is that even if the accident is your fault you’re entitled to what they call statutory benefits, which is like worker’s compensation benefits for time off work and medical costs for 6 months. If you have, if the accident wasn’t your fault and if you have what is referred to as a non-minor injury, that’s the important definition under the Act, then you can continue to get those statutory payments and you can then pursue a claim for a lump sum after a period of either 12 to 20 months.
CS Right, Lyndall says she fractured her right hand and tore tendons in her right shoulder in the accident, she’s been denied treatment by the insurer, what can she do about that?
GW Well, Lyndall, if she’s fractured her right hand that will come under the definition of non-minor injury under Act so she’s entitled to all her ongoing treatment costs after 6 months, she’s also entitled to make that lump sum claim that I talked about previously. In terms of the denial of treatment she needs to proceed to lodge an application, she should probably get legal advice, go to the Personal Injury Commission, the Personal Injury Commission will arrange a medical assessment, an independent medical assessment to assist it in determining whether the treatment should be paid for by the insurer.
CS Okay, the Personal Injury Commission. So if Lyndall is entitled to lump sum compensation as you explain, how is that calculated and does the insurer pay legal costs?
GW Calculated, you can only claim two things, you can claim for economic loss, so lost wages in the past and into the future and you can claim for what they call non-economic loss which is basically pain and suffering compensation but only if your impairment is over a certain threshold of 10% whole person impairment. In terms of medical costs they continue even after you claim the lump sum, so you’re still entitled to claim those costs. In terms of legal costs the insurer is required to pay a proportion, not necessarily all the legal costs, in fact you can often get those legal costs up to around 75% that the insurer has to pay.
CS Right, so 75% well that will reassure her if that is the case, 75%.
GW Yep, that’s right.
CS Okay, Gaius Whiffin, great advice once again, thank you so much and I’m sure Lyndall will be very pleased. Thank you.
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