What Are Brain Injuries?
One of the more serious and pervasive impairments that may arise from an accident is a brain injury. It may cause cognitive, physical and emotional deterioration. Regardless of where you are injured, you may be entitled to brain injury compensation benefits. Contact our brain injury compensation lawyers for a free claim assessment!
Two main brain injury types
Acquired brain injury (ABI)
An acquired brain injury (ABI) is the injury that happens after birth to distinguish this type of brain injury from mental disabilities such as cerebral palsy. Brain injury is described as a hidden disability by Brain Injury Australia. Physical abnormalities caused by a brain injury are often obvious, but mental, emotional, and behavioural problems are more difficult to detect.
Traumatic brain injury (TBI)
Traumatic brain injury (TBI) on the other hand, is the kind of brain injury caused by external damage to the brain tissue. Such as a blow to the head or fast acceleration and deceleration of the skull.
What am I entitled to?
If your brain injury, such as a traumatic brain injury (TBI), occurred during the course of employment or is found to be related to your employment, you may be entitled to claim compensation benefits below:
- Medical expenses
- Travel expenses
- Weekly payments – based on your capacity for work and average earnings
- Lump sum payment – if your whole person impairment is assessed at being greater than 10% for non-exempt workers; greater than 0% for exempt workers.
- Home help– if your injuries are assessed at being greater than 14% whole person impairment threshold
- Common law – if your injuries are assessed as being greater than 14% whole person impairment and your employer was negligent.
Whether you have suffered a brain injury in a car accident, you may be entitled to claim brain injury compensation benefits below:
- Medical expenses – necessary hospital and rehabilitation expenses
- Income support
- Past and future economic loss – if your injury is non-minor and you are mostly not at fault
- Non economic loss/general damages – if your injuries are assessed above the 10% permanent impairment rate and you were mostly not at fault
If you had a brain injury in public or private property, you may also be entitled to compensation benefits. You can access more information on our Public Liability Claim guide.
TPD Superannuation claims for brain injuries
If your brain injury prevents you from working permanently, you may be entitled to access a TPD superannuation benefit. The details of the benefits are generally included in the fine print of your insurance cover. Regardless of claiming workers compensation or car accident compensation, you may still claim your TPD Superannuation benefits.
Can I claim a TPD payout for a Traumatic Brain Injury (TBI)?
Yes, you may be entitled to a TPD payout for your TBI under your superannuation insurance if you are unable to work in any occupation you are suited by education, training or experience. TPD insurance covers most types of injuries and illnesses; if you are unable to work due to your medical condition, Reach our TPD lawyers in Sydney or Perth to know your TPD entitlements.
How do I claim?
If you suffered an injury during the course of work, you may follow the claim steps below:
- First, you must seek first aid and report the accident to your employer.
- Then have a medical consultation and request your doctor complete the Certificate of Capacity which requires your doctor’s opinion on the injury and whether your injury is work-related or not.
- Then you need to complete your workers’ injury claim form within 6 months.
If you suffered a brain injury in a motor vehicle accident, you may follow the claim steps below:
- Report the accident to the police within 28 days and note the event number
- Obtain the Certificate of Capacity from your General Practitioner (GP) and complete a Personal Injury Benefits form (PIBF)
- Send the completed Personal Injury Benefits form to the motor vehicle’s green slip insurer within 28 days if you are claiming statutory benefits for loss of wages. The time limit is 3 months to claim all other benefits.
- Seek legal advice from motor vehicle accident lawyers to know whether you are eligible to claim a lump sum payout which is applicable in addition to the statutory benefits. The time limit to claim a lump sum payout is 3 years.
How Much Compensation Do You Get For Brain Injury?
When it comes to brain injury compensation claims, each case is unique. Regardless of where you are injured, you may be entitled to medical expenses and weekly payment as it is mentioned at What am I entitled to section.
Traumatic brain injury claims and settlements
The amount of compensation or damages due to claimants is determined by several factors. The most important considerations are; injury and accident type, the state in which accident has occurred, age, the severity of the injury and your circumstances prior to and post-injury. Other elements may also play a role, our brain injury compensation lawyers can give you an estimate of how much you may be able to claim as soon as possible
How long does it take to get compensation for my brain injury?
Depending on how you were injured, however on average injured people start receiving medical expenses and income support payments within a month however lump sum payouts, for example, for future loss of income or pain and suffering can take more than a year at least depending on when your injuries stabilise or have reached maximum medical improvement.
Each medical case which means each claim is unique; that’s why we recommend you reach our experienced personal injury lawyers to get more detailed information about your situation and plan your compensation claim to maximise your entitlements and any potential lump sum payouts to protect your future.
How much does a personal injury lawyer charge for a brain injury claim?
Our personal injury lawyers are sympathetic, understanding, and caring, and our team works on a No Win No Fee basis.
No Win No Fee brain injury lawyers
No Win No Fee means that you do not pay any money out of pocket for our legal fees;It also means we fund the medical reports and evidence required in your claim and recover them from your successful compensation payment. . Our brain injury lawyers are experienced in all areas of personal injury law, and we are located throughout New South Wales and Western Australia. You can call us on 1800 952 898 or fill in the form for a free claim check.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
