Kathryn MacDonell
Chief Executive Officer
Kathryn is Trilby Misso’s Chief Executive Officer.
Meet Kathryn
Can I make a compensation claim?
Compensation, compo, damages, reimbursement, and claim are all expressions you may have heard which can mean the same thing. Assessing if you are entitled to compensation, and being able to make a compensation claim will depend on where and how you were injured. There are laws set out in legislation as well as case law from the Courts which establish who can claim compensation, how to go about making a claim and how claims will be assessed (put into a dollar value sum).
If you have sustained an injury, you may be entitled to make a claim for compensation. Claims can be made in a fault and no-fault scheme. The legal term when we talk about fault is negligence.
An example of an at fault type claim is a motor vehicle accident, where a vehicle fails to stop at a crossing and hits a pedestrian. That pedestrian would be entitled to make a claim for injury and losses incurred against the driver and their insurer. In this type of claim, lawyers look at whether there was a “duty of care” and whether that duty was breached, that will determine whether the person has an entitlement to make a claim.
Another example of an at fault type claim would be an accident at work where your employer or another employee has done something negligent. It is best to check with a lawyer whether the circumstances of your accident amount to negligence, there is a vast amount of case law that establishes what the Courts will assess as negligence.
You may be entitled to compensation even where no one is at fault. An example of this would be where you have suffered injury or illness that no one is responsible for, but you have Income Protection or Total and Permanent Disability Insurance. In this situation your entitlement to make a claim is based on the terms of the insurance policy and someone being at fault is not a consideration. Again, we recommend seeking legal advice specific to your circumstances and policy. If you’d like to learn more, see this article about workers’ compensation.
Further reading about compensation claims in Queensland
https://www.worksafe.qld.gov.au/claims-and-insurance/compensation-claims
Connect with us
Find Trilby Misso Lawyers on Facebook, Instagram and YouTube. 
“Do I have a claim?”
“Do I have a claim?”
Use this simple online tool and find out if you have a claim in less than thirty seconds. You can choose to remain anonymous.
Your next step is a small one, but don’t delay
Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.
During this initial conversation, we will:
- Have a chat about the circumstances and nature of your injury.
- Give you an approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
- Explain, in simple terms, how our process works. We will answer any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.
We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.
The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.
Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.
enquire now