Those who suffer injuries as a result of a negligent action or behaviour of any other party can make a compensation claim. However, to be eligible to claim compensation, it has to be proven that the other party is responsible for your accidents. On many occasions, evaluating the claim on your own isn’t enough as what negligence stands for should be understood. To be able to claim public liability compensation, the accident should occur in a place or situation where the other party was responsible for your safety. Such as a restaurant, a medical centre or your workplace.
Table of Contents
Determining who is at fault depending on the occasion
Every occasion is examined separately as answers to questions such as ‘’how the accident occurred’’, ‘’what were the circumstances’’ and‘’where did the accident happen’’, will make an impact on the claim. As an example, the procedure of determining liability in motor vehicle accidents is different from workplace injuries. To fully understand the entitlements, laws that are in compliance with the accidents should be examined in-depth. On some occasions, the claimant’s actions can also contribute to the scale of the accidents. Even if the other party is at fault, the victim’s actions that made an impact on the conclusion will also be taken into consideration and can decrease the amount of compensation payout.
Motor accidents, who is at fault?
The safety of those in the traffic can be put into danger by neglect actions of others. Everyone in the traffic shares the same duty to prevent any action that can lead to an accident. The duty is to obey the traffic rules as a neglect action for a second can lead to an accident in great scales. No matter it is a motor vehicle or a pedestrian, the duties apply to all that uses the same roads. This is a duty to care about other’s safety and can be breached in many different ways. Although it might seem harmless, ignoring the traffic lights whilst crossing the street can lead to an accident which can make a negative impact on the victim’s life.
Liability in worker accidents and injuries
Under the laws, the workers are protected with great privileges. One of them is the Workers Compensation Act which was put into force by the former government. Injured workers are eligible to claim compensation regardless of fault and the compensation includes many monetary benefits. Such as weekly payments whilst the worker isn’t capable to work and earn,payments for medical expenses which can include domestic help services and vehicle/house modifications and post-injury support. Once the recovery of the worker is complete, the worker can demand to get back to work and request a suitable work program which is to be designed by the case manager and the employer. However, these entitlements should be evaluated by a professional before taking any action as the entitlements can differ between territories, depending on the work and the accident.
Rights of injured citizens
If an accident occurred in a public place and if it was caused by someone else, public liability compensation can be claimed. Just as in all the personal injury claims, liability will bedetermined by many factors. Such as the obvious risk factor. In public places, you may not be eligible to claim compensation if the risk was involved in the activity or if it was obvious. Such as adrenaline sports, diving, jogging, cycling at high speeds and etc. However, you may still have a valid reason depending on the occasion and a professional evaluation is necessary to understand how the public liability laws work.
