Did you know that every Australian business has to have some form of public liability insurance by law? If you have had an accident while in a public place it probably happened somewhere covered by a policy. But how do you go about getting the compensation you deserve?
Unfortunately, it is not simply a case of lodging a claim. If you are waiting for a public liability payout, or you have an accident you think may be covered by it, then we can help. Read on as we discuss everything you need to know about public liability compensation.
1. Keep a Conversation Record
Any professional telephone conversation with a business will tell you it is being recorded for quality and training purposes. However, even companies can get it wrong sometimes and it is important to keep your own record of calls. These records can help back up your claims and show that nothing gets missed.
Start by noting down the time and date of the correspondence. Write down the name of the person you spoke to, and with the time and the nature of the discussion. You should also make a note of the general outcome or decision made.
Note that it is unlawful to record a call without giving permission, so don’t use any apps or devices to record the conversation. Instead, keep a written record of what went on. You can always request the recordings from the service if you later have a discrepancy.
2. Know What It Does Not Cover
There are a number of instances when public liability will not cover you. The most common of these are below.
- Aircraft products
- Asbestos
- Liquidated damages
- Gradual pollution
- Product recall
- Punitive damages
One of the most common and often misunderstood are damages obtained under an employer. These fall under workers’ compensation.
3. Be Eligible for a Public Liability Claim
You are only eligible for a public liability claim if negligence can be proven. This means you have to prove your damages occurred as a result of the company not doing their job correctly or assuming a role of care to customers.
Once you have proved negligence, you must then show that this impaired your ability to live a normal life for at least seven days after the incident. Other than this, incurring medical expenses, as a result, may entitle you to compensation.
4. Know the Difference Between Public Liability and Workers’ Compensation Insurance
As mentioned above, public liability and workers’ compensation are two different things. It is important you know the difference so you do not attempt to make a claim in the wrong area. A lawyer will help you understand the difference.
Public liability insurance is in place to protect a business from damages it causes to the public while operating. Public liability claim examples may include someone tripping over boxes in a shop and injuring themselves.
Workers comp covers people who work for a business when they suffer damages doing that job. For example, this may include someone who injures themselves by lifting the boxes in a supermarket while under employment and causes a lasting injury.
5. Know Time Frames for Settling
Getting an exact timeframe for settling a claim is tough. This is because it all depends on the extent of your injuries and any residual impact. In some cases, it can take years to know the full extent of any damage.
When your claim is for minor injuries that do not have a long-lasting impact, you can expect to receive compensation and have the claim resolved within twelve months to a year. The full extent is ascertained when the injuries have begun to stabilize.
Claims will face longer delays if liability becomes an issue. This is when the party or the insurer will not claim responsibilities for your injury. When this occurs, the circumstances have to be visited in-depth and you should get a professional lawyer on public liability to assist you.
6. How Is Compensation Assessed?
The level of compensation sought depends on a number of circumstances. The first of these is the evidence provided by medical reports. These will determine the current impact, future impact of the injuries, and if they have stabilized enough to make a strong assessment.
If you have been left with a permanent disability or are unable to do a job, the financial burden of this is also taken into account. It is recommended you don’t accept claims until the full extent of your injuries can be determined.
7. Lodging Claims in the Given Time
For anyone over the age of 18 at the time of the accident, there are 3 years from the date of the incident to place and settle a claim. If no settlement occurs in the time period, then a court proceeding must be filed before the 3 year period expires. This is known as the statute barred date.
If you are under 18 years of age, you have 3 years after your 18th birthday to start court proceedings. You do not have to wait until your 18th birthday as parents and guardians can represent you before this and bring claims on your behalf.
Getting the Public Liability Compensation You Deserve
If you have had an accident in the last three years that you believe was not your fault, you could be eligible for public liability compensation. Collate all documents and details, then speak with a professional.
Barwick Boitano Lawyers should be your first stop. We deal with all facets of compensation law, from public liability to workers’ compensation. Contact us here to discuss your claims and let us get the payout you deserve.