Personal Injury

Our personal injury team is headed by Elizabeth McDonald, Accredited Specialist and approved ILARS provider. In personal injury law we look after claims for damages arising out of any acts of negligence and advise you when and if you have a claim. At MCW Lawyers we consider it a privilege to assist clients through difficult times and help them back on their feet.

Tracey Gilligan (Admin)

Motor Vehicle Accidents

If you have suffered an injury in a motor vehicle accident, you may be entitled to receive income support and payment of your medical expenses even if you were at fault. It is important for you to act quickly though. If the accident occurred on or after 1 December 2017, it is important that you lodge your claim within 28 days of the accident otherwise you may lose some of your entitlements.

Before you can lodge your claim you must report the accident to the police and have your doctor examine you and complete a medical certificate regarding the accident and your injuries. This information must be lodged with your claim form.

You can find out who the insurer is and download the claim form to apply for personal injury benefits <HERE>

If you have suffered a significant injury and the accident was not your fault, or you were a passenger, you may also be able to make a claim for lump sum compensation also referred to as "common law damages".

If you still have medical symptoms a few months after the accident, or are still off work, it is a sign that you may continue to suffer losses from your injuries that can be compensated. We can advise you of your entitlements in these types of claims.

Workers Compensation Claims

If you have suffered an injury at work you may be entitled to income support, payment of medical expenses and possibly a lump sum claim for any permanent injuries. Receiving proper compensation should be a simple process, but often it is not and you may begin to feel like you are being questioned at every turn.

The laws relating to these claims changed significantly in 2002 and again in 2012, and ongoing minor changes are made to these laws almost every year.

We understand that if you have lost your ability to earn, especially if you are the primary earner for your family, these are often desperately difficult times. The last thing you need to worry about is running up legal costs on top of everything else.

In 2012 the Government established the Independent Legal Assistance and Review Service (ILARS) to facilitate access to free, independent legal advice for injured workers in circumstances where there is a disagreement with an insurer regarding entitlements.

This service is administered by the Workers Compensation Independent Review Office (WIRO). This agency has a list of approved lawyers to make sure injured workers have access to lawyers who practice regularly in workers compensation matters.

Unless your lawyer is on this list, you will have to pay your own legal fees no matter what the outcome.

More information on the role of WIRO can be accessed <HERE>.

Industrial Deafness Claims

If you suffer from problems with your hearing and have ever worked in a noisy environment or around heavy machinery, you may be able to make a claim for hearing aids, and for any permanent hearing loss, even if you have left that employment.

Work Injury Damages / Negligence / Common Law Claims

If you are injured at work and your injury does not just result from your work, but also from failures in your employer’s work practices or systems, you may be able to make a claim for your past and future loss of earnings including loss of superannuation.

Public Liability Personal Injury Claims

If you have suffered injury due to another’s actions, or their failure to take actions in circumstances where they knew (or should have known) that their actions or failure might result in harm to others, you may be able to make a claim for your medical and out of pocket expenses, past and future loss of earnings, and the costs of obtaining care that you require or can no longer provide to others.

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