Police, firefighting, ambulance and other emergency services, by the very nature of their professions, will find themselves in danger of both physical and psychological injury. Such injuries can put you at a loss not only in terms of pain and suffering, but also economically from loss of employment and income.
If you are an emergency services worker, here are some important rights for you to consider. Just because your job is inherently dangerous, does not mean you are expected to incur every loss the job brings without compensation.
Rights to common law damages
By common law, we refer to a civil action brought against the assailant that is separate to any criminal proceedings. A claim for common law damages is possible if a person or entity can be found to be liable or at fault for the injury caused.
The potential for a common law claim is most often open to emergency services workers hurt in motor vehicle accidents. A claim can be brought against the compulsory third party insurer of the vehicle at fault, or in the case of an uninsured vehicle, an entity known as the Nominal Defendant. If the latter is applicable to you, strict and short time limits apply for making a claim and you are encouraged to seek further legal advice to ensure your rights are preserved in time.
If the injuries are not related to a motor vehicle accident, the actual compensation that can be collected is often very limited unless there is an insurer for the person or entity at fault for the injury. For example, if the injury is the result of an assault, it is difficult to collect sufficient (or any) money from an uninsured perpetrator who may already be facing time in prison and poor job prospects.
Statutory Worker’s Compensation
If an injury occurred in the course of work, including on the way to or from work, you can claim statutory workers compensation benefits, commonly referred to as a WorkCover claim. Benefits include replacement wages, medical treatment and rehabilitation. Where an injury has led to a permanent impairment, lump sum compensation may also be awarded according to the level of impairment. This type of claim has the advantage of not requiring any fault to liability to be established against anyone for causing your injury.
Victims Assist
In Queensland, a victim of an act of violence is eligible for assistance if they have suffered harm:-
- because of a crime committed against them; orÂ
- because they are a family member or dependant of another person who has died or suffered harm because a crime is committed against that person; or
- as a direct result of intervening to help another person who has died or suffered harm because a crime is committed against that person.
The scope and amount of assistance available is dependent on the type of victim, but can include things such as funeral expenses, medical expenses, counselling, loss of earnings and other reasonable expenses incurred, or other expenses reasonably likely to be incurred by the victim to significantly help the victim recover from the act of violence.
A lump sum payment, referred to as “special assistance”, may also be available to primary victims. The amount payable in special assistance is based on how the act of violence and the circumstances are categorised according to the Victims of Crime Assistance Act 2009 (Qld).
Life Insurance
For more severe and long-standing injuries, one could also consider accessing their life insurance benefits attached to their superannuation fund in the form of income protection or total and permanent disablement (“TPD”) insurance.
Need more information?
It is possible to claim common law damages, victims’ assistance, worker’s compensation and life insurance for the same incident.
If you would like more information as to what might be available to you, vbr Lawyers offer obligation-free consultations with experienced personal injury lawyers to discuss your claim entitlements further.
