Everyone has a run of bad luck occasionally. You might get hit by a large tree branch in the park after being electrocuted by a faulty power cord at work. Thankfully, these things doesn’t happen often – but they do happen.
If you’re unlucky enough to suffer a personal injury after making a claim for a previous one, you might be wondering how often can you claim for personal injury. Well, with the correct support and guidance, you should be able to make a claim for both.
Similarly, you might be eligible to make multiple insurance claims for the same accident or injury.
These situations are highly complex, so you should engage an experienced personal injury lawyer to ensure you get what you’re entitled to.
Types of personal injury
Common types of personal injury claims include motor vehicle accidents, workplace accidents, medical malpractice or negligence, and accidents in a public place.
Compensation for these personal injuries can cover your medical expenses, lost income (past and future), care and support services and other expenses.
If I’ve made a claim before, can I claim for future injuries?
Yes, you can make a second claim in future if you’re injured again after your first claim. For example, you might suffer a shoulder injury from a falling pallet at work and get workers compensation. If, in the future, you slip in a neglected wet area and hurt your back, you can make a new workers compensation claim.
If you return to work after recovering from your injury and aggravate that injury – perhaps because the hazard wasn’t addressed – you can often make another WorkCover claim.
Is there a limit to the number of claims you can make?
No, there’s no limit to the number of personal injury claims you can make. If you’ve suffered multiple personal injuries, you can make multiple claims.
But insurers will investigate your claims very closely, so you need the right evidence to support them. A personal injury lawyer will make sure you have all your paperwork in order.
Can I make different claims for the same accident?
Yes, we have had experience with these very situations. Here are a few examples:
Workers compensation and car accident insurance
You can make a ‘journey claim’ for workers compensation if you’re in a car accident driving to or from work, training, or medical treatment for an existing WorkCover claim or a work event.
As well as your journey claim, you might make a motor vehicle accident claim if the other party in the accident was at fault.
If your employer contributed to the accident – perhaps by making you work unsafe hours, causing fatigue – you might make a common law claim for damages.
Subcontractors on large building sites
On large construction sites, a subcontractor may be defined as a worker, making them eligible to claim workers compensation if they get hurt on site.
However, they might also be entitled to make a common law claim if they can prove the business that engaged them was negligent.
Workers compensation and total and permanent disability
If you suffer a workplace injury that is a serious impairment, you may be eligible for both WorkCover payments and a lump sum payment from TPD insurance. Claiming for workers compensation & TPD together can often be complex.
If you have multiple superannuation funds, you might have multiple TPD insurance policies, which you can claim on.
How Main Lawyers can help
Knowing how often can you claim for personal injury can be some of the most complex cases we see, so we always recommend getting legal advice. At Main Lawyers, we offer a free, no-obligation consultation so you can find out all your options.
Give us a call today to see how we can help provide you with the correct information about your rights.
