Personal Injury Claim Check

Have you suffered an illness or injury (including a physical, psychological or psychiatric injury or illness)?

Yes
No

How did the injury or illness occur?

Arising from a motor vehicle (like a car accident)
Arising out of or in the course of employment (like a work injury)
Arising from medical treatment, or services associated with medical treatment (like surgery)
Arising from child birth
Other

Were you (or a family member) involved in a motor vehicle accident where the driver or owner of a motor vehicle (including a car, truck, motorcycle, bus, tram or train) was “at fault” for the accident?

Yes
No

We are sorry to hear about the motor vehicle accident. Did this accident result in the death of a family member?

Yes
No

Please provide a brief description of the circumstances of the accident.

What was the date of the motor vehicle accident?

What parts of your body were injured in the motor vehicle accident? (please select more than one in the case of multiple injuries)

Have you attended a hospital or medical clinic for treatment of your injuries?

Yes, I attended hospital and was admitted for inpatient treatment
Yes, I attended hospital but was not admitted for inpatient treatment
Yes, I have attended a medical clinic
No, I have not attended a hospital or medical clinic for treatment of injuries

You will need to provide medical evidence from a doctor and/or allied health professional regarding the nature and extent of your injuries to make a successful compensation claim.

If you have not yet attended for medical treatment in relation to your injuries, we would recommend you see your doctor as soon as possible to advise them regarding the injuries you sustained in the motor vehicle accident and seeking medical advice and/or treatment.

Once you have sought medical treatment, please feel free to contact us again about a motor vehicle accident claim.

Have you lodged an Injury Claim Form with the relevant Compulsory Third Party insurer?

Yes
No

Do you currently have a lawyer engaged in relation to your motor vehicle accident claim?

Yes
No

Have you submitted a workers compensation claim in relation to your injury or illness?

Yes
No

Have you received a letter from Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) confirming whether your claim has been accepted or rejected?

Yes
No

When did you submit your workers compensation claim form?

Less than 21 days ago
More than 21 days ago

Does the letter say your claim is:

Accepted
Rejected

Which of the following best describes your enquiry?

Death of another person, child or foetus
Injury or illness to yourself
Injury or illness to a family member or friend
None of the above

Do you believe that a Health Care Provider may have caused any of the following?

Delayed diagnosis of cancer
A physical injury, illness, infection or disease
Psychological injury including trauma, anxiety, shock or depression
None of the above

To claim compensation for medical negligence, you will need to establish a Health Care Provider has not met their duty of care to their patient (you or your relevant family member/friend), and that the breach of duty has resulted in death, a physical and/or psychological injury, infection, disease, the worsening of a medical condition or delayed diagnosis of a medical condition. In the event you do not think the actions or omissions of the Health Care Provided have caused death, a physical and/or psychological injury, infection, disease, the worsening of a medical condition or delayed diagnosis of a medical condition, a medical negligence claim may not be worthwhile pursing.

Did this incident occur more than 3 years ago?

Yes
No

Were you or the affected family member/friend under the age of 18 years at the time of the incident and are less than 21 years of age now?

Yes
No

Did you or the affected family member/friend only become aware of the potential negligence within the last 12 months?

Yes
No

Unfortunately, there are time limits to making a claim for medical negligence:

Three (3) years from the date of the negligent act or omission if you were an adult (18 years of age or older) at the time/date of the negligent act or omission; and
The date of your 21st birthday (being three (3) years from the date of your 18th birthday) if you were a child/minor (under the age of 18 years) at the time/date of the negligent act or omission;

Based on your answers, we think the time limit to make a medical negligence claim has already passed, and any medical negligence claim is now “statute barred”.

Do you believe a Health Care Provider may have caused any of the following?

Birth of a child with a physical or intellectual disability
An unplanned birth or pregnancy
A physical injury, illness, infection or disease
None of the above

Did incident occur more than 3 years ago?

Yes
No

Were you or the affected person under the age of 18 years at the time of the incident and are less than 21 years of age now?

Yes
No

Did you or the affected person only become aware of the potential negligence within the last 12 months?

Yes
No

Unfortunately, there are time limits for making a claim for birth injury:

Three (3) years from the date of the negligent act or omission if you were an adult (18 years of age or older) at the time/date of the negligent act or omission; and
The date of your 21st birthday (being three (3) years from the date of your 18th birthday) if you were a child/minor (under the age of 18 years) at the time/date of the negligent act or omission;

Based on your answers, we think the time limit to make a birth injury claim has already passed. and any birth injury claim is now “statute barred”.

Have you ceased work due to the injury or illness?

Yes
No

Do you think you are unlikely to ever return to employment for which you are suited (being work within your previous experience and education/qualification) due to your injury or illness?

Yes
No

to ever injuries)

If you are able to return to work within your previous experience and education/qualification, you are probably not entitled to a TPD lump sum benefit. That said, you may still be entitled to make a claim for compensation in relation to your injury or illness. Would you like to provide further information to see if you may be able to make a claim for compensation?

Yes
No

How were you injured/what caused your injury, and/or how did your illness occur?

What was the date you sustained the injury or first found out about the illness?

Please provide a description of your injury or illness

Do you currently have a lawyer engaged in relation to a claim for compensation arising from the injury or illness?

Yes
No

Thank you for your enquiry. Our Free Claim Check is only available for injury or illness compensation claims.

Thank you for your enquiry. Our Free Claim Check is only available for persons who have a continuing injury or illness.

Sorry – we cannot provide advice on your claim if you have another lawyer engaged.

Thanks for taking the time to use our Free Claim Check service. Sorry we were not able to help.

In South Australia, to be entitled to compensation for injuries sustained in a motor vehicle accident, you will need to establish:

The injury arose from the use of a motor vehicle; and
In the case of a motor vehicle versus motor vehicle accident, the driver of the other motor vehicle was either partly or wholly “at fault” for the accident;
In the case of a pedestrian or cyclist versus motor vehicle accident, the driver of the motor vehicle was either partly or wholly “at fault” for the accident;

If the accident does not fit within the above criteria (for example, you were the driver of a motor vehicle involved in a single motor vehicle accident), you are probably not entitled to compensation under the Compulsory Third Party insurance scheme.

If you have incurred medical expenses and/or missed time from work due to a work related injury or illness, you may be entitled to compensation.

You can complete and submit a workers compensation claim form to your employer to start the compensation claims process.

Once a claim form has been submitted, your employer’s workers compensation claims agent, or your employer (if they are self-insured), will be required to investigate your claim and make a determination to accept or reject the claim.

If your claim is accepted, you will be entitled to receive compensation in relation to your work injury or illness.

If your claim is rejected, you have the right to apply to the South Australian Employment Tribunal for a review of the rejection.

At the first instance, we would suggest completing and lodging a claim form with your employer. Please see below a link to the ReturnToWorkSA website where you can download a ReturnToWorkSA claim form:

ReturnToWorkSA - work injury insurance (rtwsa.com)

If your claim is accepted, we can provide advice on the terms of the acceptance and your other entitlements.
If your claim is rejected, we can provide advice on applying to the South Australian Employment Tribunal for a review of the rejection.

If you would like to discuss any of the above matters further, please call us on 1800 324 324.

Please accept our sincere condolences for your loss.

In the event you were dependent on the deceased family member for financial support and/or care, assistance and guidance, you may be entitled to compensation.

Thank you for completing the free claim check form.

Based on the information provided, you may be entitled to claim compensation for losses arising from injuries sustained in the motor vehicle accident, including:

Compensation for past and future medical expenses;
In the event you have missed time off work due to your injury, compensation for lost income to date (excluding loss of income occurring the first seven (7) days following the motor vehicle accident) and lost superannuation contributions;
Compensation for past and future paid care and assistance required due to your injuries.

In addition, depending on the “Injury Scale Value” assessed in relation to your injuries, you may be entitled to:

Compensation for pain and suffering;
Compensation for future loss of income, loss of earning capacity and lost superannuation contributions;
Compensation for the care and assistance provided by eligible family members.

In most cases, an injured persons entitlement to compensation will be assessed and paid as a single “one-off” lump sum payment, which is supposed to cover all past and future losses.

In the event you have not reached a settlement agreement (finalising your compensation claim for both past and future losses) with the Compulsory Third Party insurer within three (3) years of the accident, you will need to issue legal proceedings in a Court to prevent your claim from becoming “statue barred”. Under the Court Rules in South Australia, an injured person is required to take certain actions (called “pre-action steps”) before issuing legal proceedings in a Court in relation to their compensation claim.

We would recommend seeking legal advice on your potential compensation entitlements before talking to the Compulsory Third Party insurer about settling your claim.

Further, if it has been more than two (2) years since your motor vehicle accident and you have not reached a settlement agreement with the Compulsory Third Party insurer, we would recommend seeking legal advice on the steps you may need to take before issuing legal proceedings.

At DBH Lawyers, we offer “no win, no fee” arrangements for motor vehicle accident claims.

If you would like one of our lawyers to contact you with our preliminary views on your situation, please complete and submit your details using the form below.

The Return to Work Act 2014 (SA) provides time frames for the investigation and determination of claims.

In general terms, Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) should determine your claim within 21 days of submission where possible, noting:

your employer has up to five (5) business days to provide the claim form to Employers Mutual Limited or Gallagher Bassett Services; and
Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) should make a determination of your claim within 10 business days of receipt where possible.

If it has been less than 21 days since you submitted your claim, it may be worthwhile giving Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) a bit more time to consider, investigate and determine your claim.

If you are concerned the claim is not progressing, we would suggest calling Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) to seek an update regarding their investigations and an estimate as to when you can expect to receive their determination.

Once 21 days has passed, if you feel there has been an undue delay in the investigation and determination of your claim, you can apply to the South Australian Employment Tribunal to expedite the determination of your claim.

DBH Lawyers can help you prepare and lodge an Application to Expedite Determination.

If you would like someone from our Workers Compensation Team to contact you to discuss an Application to Expedite Determination, please complete and submit your details using the form below.

The Return to Work Act 2014 (SA) provides time frames for the investigation and determination of claims.

In general terms, Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) should determine your claim within 21 days of submission where possible, noting:

your employer has up to five (5) business days to provide the claim form to Employers Mutual Limited or Gallagher Bassett Services; and
Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) should make a determination of your claim within 10 business days of receipt where possible.

If it has been more than 21 days since you submitted your claim, and you feel there has been an undue delay in Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) making a determination to accept or reject your claim, you can apply to the South Australian Employment Tribunal to expedite the process.

The Tribunal can:

Make orders requiring Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) to do certain things by a specified dates, including making a determination accepting or rejecting your claim by a specified date; or
Make a determination accepting or rejecting your claim (in place of Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured)).

DBH Lawyers can help you apply to the South Australian Employment Tribunal to expedite the determination of your claim.

The Return to Work Act 2014 (SA) allows injured workers to claim a contribution towards their legal costs arising from an Application to the South Australian (with the contribution paid by Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured).

If you would like someone from our Workers Compensation Team to contact you to discuss an Application to Expedite Determination, please complete and submit your details using the form below.

That’s great news!

The letter should tell you:

Your claim has been accepted for medical and like expenses;
Your claim has (or has not) been accepted for income support
If your claim has been accepted for income support, what your income support rate (average weekly earnings) is.

You may not be satisfied with the terms of the acceptance. For example:-

Your claim may not have been accepted for income support even though you have missed time off work due to your injury or illness.
Your income support rate (average weekly earnings) may not reflect your normal earnings.

If you are not satisfied with the terms of the acceptance, you can apply to the South Australian Employment Tribunal to review the terms of the acceptance. Any application for review must be lodged with the Tribunal within one month of you receiving the letter accepting your claim to be “in time”.

The Return to Work Act 2014 (SA) allows injured workers to claim a contribution towards their legal costs arising from an Application to the South Australian (with the contribution paid by Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured)).

LUMP SUM COMPENSATION
If you do not make a full recovery from your injury or illness, you may also be entitled to lump sum compensation for permanent impairment.

Please note you can only claim lump sum compensation for a physical injury (and the Return to Work Act 2014 (SA) does not provide lump sum compensation for permanent impairment arising from psychological or psychiatric injury/illness).

To claim a lump sum for your work related injury or illness, you need to attend a medical examination called a Permanent Impairment Assessment.

The Permanent Impairment Assessment process can be complicated, and we would recommend seeking legal advice before talking to Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) about seeking lump sum compensation.

At DBH Lawyers, we offer “no win, no fee” arrangements for workers compensation lump sum claims.
In summary, DBH Lawyers can help you:

apply to the South Australian Employment Tribunal to review the terms of the acceptance of your claim (if you are dissatisfied with the terms); and/or
make a claim for lump sum compensation if you suffer a permanent impairment as a result of your work related injury or illness.

If you would like someone from our Workers Compensation Team to contact you to discuss your current and/or potential entitlements, please complete and submit your details using the form below.

We are sorry to hear your claim has been rejected.

If you think the rejection of your claim is wrong, you can apply to the South Australian Employment Tribunal to review the rejection. If the Tribunal is of the view your claim should have been accepted, the Tribunal can order Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured) to accept your claim.

Any application for review must be lodged with the Tribunal within one month of you receiving the letter rejecting your claim to be “in time”. If it has been more than one month since you received the rejection, you can still apply to the Tribunal for a review (with a request for an extension of time).

The Return to Work Act 2014 (SA) allows injured workers to claim a contribution towards their legal costs arising from an Application to the South Australian (with the contribution paid by Employers Mutual Limited, Gallagher Bassett Services or your employer (if they are self-insured).

DBH Lawyers can help you apply to the South Australian Employment Tribunal to review the rejection of your claim.

If you would like someone from our Workers Compensation Team to contact you to discuss a Tribunal application to review the rejection of your claim, please complete and submit your details using the form below.

We think you may be eligible to pursue a medical negligence claim.

If you would like someone from our Medical Negligence Team to contact you to discuss a claim, please complete and submit your details using the form below.

We think you may be eligible to pursue a birth injury claim.

If you would like someone from our Birth Injury Team to contact you to discuss a claim, please complete and submit your details using the form below.

Thank you for completing the free claim check form.

Given the circumstances of your injury or illness, one of our lawyers will need to review the information provided before we can provide preliminary advice on whether you may be entitled to compensation.

If you would like one of our lawyers to contact you with our preliminary views on your situation, please complete and submit your details using the form below.

We think you may be eligible for a TPD lump sum benefit.

At DBH Lawyers, we offer “no win, no fee” arrangements for TPD claim, with a fixed legal fee.

If you would like someone from our TPD Team to contact you to discuss a TPD claim, please complete and submit your details using the form below.

If you have been off work for more than 3 months due to medical reasons and you are unlikely to return to any occupation you’ve done previously, you may be eligible to make a TPD claim through insurance under your superannuation.

You can check your eligibility by completing our TPD Claims Check form.

Have you been unable to work for more than 3 months and don’t think that you will ever be able to return to any type of work you have done before?

Yes, I will be unable to return to work I have done before
No, I can return to work I have done before

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