22 June 2021
Cat got your tongue? Mauled by a mutt? Who you gonna call? Union Legal SA.
We all know that injuries often occur in the workplace and are generally aware that there is a structure in place to support injured workers during their recovery under the Return To Work Act SA 2014.
The system to compensate people injured in motor vehicle accidents has also been well publicised, although the benefits available have been severely limited by recent changes to the law.
But what do you know about compensation for injuries caused by other events?
The world can be a hazardous place. Injuries can occur in shops, cafes, other peoples' homes and even whilst walking along the street. There is also the possibility of injury whilst engaging in sport or other recreational activities, and even when having medical treatment.
If an injury is caused by a negligent act or failure to act, remedies may be available to the injured person pursuant to the Civil Liability Act SA 1936. If you are injured on someone else’s premises, or by an animal owned by another person, you are able to claim compensation if the owner or occupier failed to exercise sufficient care to avoid injury to others. Common situations involve tripping hazards of all kinds, ranging from something as small as a bolt to large holes in the ground.
These claims are generally covered by the negligent person’s insurance.
The Civil Liability Act also provides for claims for negligent treatment by health professionals, if that treatment falls below the standard currently accepted as appropriate here in Australia. All health professionals have insurance to cover claims of this type.
It should be noted that medical treatment is not necessarily negligent even if the outcome is worse than expected.
Each individual case needs to be examined on its own facts.
The Dog and Cat Management Act SA 1995 lists a number of offences which, if resulting in injury to a person, can be the subject of a successful claim for compensation. These claims usually involve being bitten by a dog, either on private property or in a public area. A conviction under this Act is a criminal offence.
Other criminal offences which cause injury, such as assault, can lead to a claim under the Victims of Crime Act SA 1975. Remedies under this Act are limited, and if the perpetrator of an assault has financial assets, a better remedy is available by way of a civil action for damages.
As with most legal matters, there are time limits which apply to claims for damages for injury caused by negligence. You must commence legal proceedings within three years of the date of injury.
If you miss this deadline, your right to claim is extinguished. There are some rare exceptions to this rule, but in order to protect your interests after being injured, you should consult a lawyer as soon
as possible.
A successful claim for damages will go some way towards compensating you for the losses caused by the injury, including medical expenses, loss of income, and pain and suffering. Many people are reluctant to pursue a claim in negligence, particularly if the negligent person is known to them, but it is important to remember that this is why we have insurance. Injuries sustained on private property are covered by household insurance, which includes cover for public liability claims. In the case of rented premises the owner will have the necessary insurance policy in place.
In conclusion, if you have been injured in circumstances which you believe are the result of negligence, come and see one of the experienced solicitors at Union Legal SA who will be able to provide you with guidance and advice.
Do this as soon as possible after sustaining injury, even if you think that the effects will be short-lived, because the more time that elapses from the injury date, the harder it will be to conduct the investigations necessary for a successful claim.
Need legal advice?
Contact Union Legal SA
P: 1800 792 834
E: [email protected]
anmfsa.org.au/unionlegal