Workplace Assault and Compensation Claims

I am a Taxi Driver in the Parramatta area and was recently assaulted in my cab. I reported the incident to the police and they in-turn have charged the people involved. The case is due in court in February. In the meantime, I am now suffering anxiety attacks and I am not able to work. Am I able to receive any compensation, if I’m self-employed?

 

Yes, you are able to receive compensation for your personal injury. The type of compensation you receive will depend on your circumstances.

 

Workers Compensation

 

Generally, people who are self-employed and do not employ any other workers, are not required to take out a workers compensation policy.

 

However, if you are contracted by another person, such as the owner of the taxi, they may have an obligation, to have a workers compensation policy covering you. If they do, then you will be entitled to make a workers compensation claim under this policy. If they do not. then you may be able to make a workers compensation claim, on the Nominal Defendant who is a nominated insurer for employers who fail to take out a workers compensation policy.

 

The type of compensation you can receive, will include payment of your medical and rehabilitation expenses, weekly compensation payments, reimbursement of any past financial loss and future financial loss as well as payment for loss and suffering if certain criteria are satisfied.

 

You need to obtain expert legal advice on your entitlement to workers compensation, particularly in light of recent changes to the scheme, in relation to psychological injuries such as anxiety disorders.

 

Superannuation

 

You may also be able to receive compensation, if you have income protection insurance. Generally, most superannuation policies will contain a set amount of compensation, in the event that the worker is suffering from a temporary or permanent disability.

 

You need to obtain advice on your entitlements under any relevant superannuation policy, or income protection insurance and how you can access this compensation.

 

Victims of Crime compensation

 

Your injuries have been caused by a criminal act and therefore you may be entitled to compensation under the New South Wales Victims Service, run by the Department of Justice. Compensation under this service includes counselling, financial support for economic loss as well as a possible recognition payment.

 

What do I do next?

 

As you can see you may have a number of options available to obtain compensation for your injury. To ensure that you fully understand your options and comply with any time periods to make a compensation claim, you need to seek expert legal advice. This legal advice needs to be from a lawyer who is well versed in all aspects of compensation law and who understands how the different compensation schemes operate.

 

If you have suffered an injury at work caused by someone breaking the law, then you need to speak to Frank Boitano, an expert in workers compensation law, on what types of compensation are available to you. Call Barwick Boitano today on (02) 9630 0444 or email on fjb@bblawyers.com for an appointment.

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