How to Know if You Are Eligible to Make a Compensation Claim

Compensation Claim

Compensation law can be complicated to understand for any newbie who hasn’t been caught in the middle of a lawsuit before. Many people are aware of the basic types of compensation like worker’s compensation and personal injury compensation; however, there are many more types of compensation that exist. While it isn’t very difficult to differentiate between them all, most people aren’t able to do so due to a lack of awareness. This leads to another problem, which is identifying if you’re even eligible for compensation.

In this article, we’re going to take a look at the types of compensation that you may be eligible for. We’ll be discussing what the different categories are and when they are awarded. This will help you understand what kind of compensation you should file for. So, without further ado, read on to find out how you can determine your eligibility for a compensation claim. 

1. Public Liability Claims

These claims can be more complicated compared to others. The public liability applies when someone else has breached their duty of care, and that resulted in you suffering an injury. This can be as simple as tripping due to a poorly paved footpath, food poisoning, assault at somebody else’s house, or even a gym accident due to poor equipment quality. Understanding the laws is the most critical step before you can make these claims; as the Attwood Marshall Lawyers in Australia explain,   public liability is a very broad term that includes more than a few claims. Most of the public liability claims are covered under PIPA (Personal Injuries Proceedings Act), and you should make sure that the injury you’ve sustained falls under it before you proceed further. 

2. Personal Injury Claims

If you or someone you know has ever been hurt in an accident due to the fault of someone else, then you know how difficult the aftermath can be. It’s one of the most frustrating and depressing events in anyone’s life when they’re severely injured despite being careful and cautious. The pain, trauma, expenditure, and suffering caused by these accidents are immense, and the law recognizes this as well. You can make a personal injury claim if you can prove that you weren’t at fault, and the damages you’ve sustained are mostly due to the negligence or fault of the other party. There’s usually a time limit to make these claims, but they vary from state to state. However, the accident must have caused you some sort of physical discomfort or financial issues in order to be considered.

3. Worker’s Compensation Claims

Workplace injuries are quite common and occur more frequently in jobs that require more physical exertion. However, if you have to bear your own expenditures due to a workplace injury, then it is very unfortunate as you were making money for your employer. This is why it’s only fair for your employer to be responsible for bearing your expenditures in case of an unfortunate accident. The prerequisite conditions for making this claim are that you can prove your injuries were sustained during work hours and that you’re a formally recognized employee. In most cases,  independent contractors and freelancers aren’t eligible for worker’s compensation due to their informal nature. So be sure to check the local laws to determine your eligibility for these claims.

4. Abuse Claims

Any kind of abuse, including sexual, psychological, or physical, falls under this category. The sheer trauma and mental scarring that abuse can cause are more than enough to get you compensated. However, the most difficult part of this kind of claim is to prove the actual occurrence of abuse. This is where you need a good lawyer to help you prove your claims, as they’ll have the required experience and expertise to deal with these cases. Even though this claim might be a little difficult to prove, you should still seek compensation because of the serious nature of this issue.

Claims

These are some of the most common compensation claims and the prerequisites needed to actually make these claims. If you feel that you’ve sustained any type of damage due to no fault of your own, then you should definitely try to get compensated. The most common denominator in all of these claims is that there’s someone else who’s at fault, and this is why the law provides you with the tools to make the guilty party pay. Just remember to consult a good lawyer before you proceed, as there can be a lot of nuances to compensation claims due to their varied nature.

The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of The World Financial Review.