FAQ

FAQ

YOU HAVE QUESTIONS & WE HAVE ANSWERS

Do I have a claim for medical negligence?
Doctors and other medical related practitioners must meet certain standards of competence. When they fail to do this and you suffer an injury or illness because of it, you are entitled to make a medical negligence compensation claim.

Medical practitioners have a duty of care to their patients. Breaches of this duty include, but are not limited to, the following:  
1. Failure to warn of surgery risks
A medical practitioner has a duty to warn you about risks associated with surgery, even minor surgery. If they fail to adequately inform you of the dangers of the procedure and you then suffer problems associated with such dangers, you could have a claim for medical negligence.
2. Misdiagnosis
If you have an injury or illness that was not properly diagnosed by a medical practitioner, particularly a serious or fatal condition, that medical practitioner may be negligent.
3. Referral errors
If you have attended upon your general practitioner and you require to be referred to a specialist but that referral is delayed or forgotten and you suffer lasting injury as a result, you may be entitled to compensation. 
4. Birth complications
In situations where a child suffers birth defects or, tragically, passes away due to the slow reaction or poor decision-making of a medical practitioner, you may have a claim for medical negligence.

Contact us at Foye Legal so that we can assess your circumstances and advise whether you are eligible to make a claim. This is at no cost to you. Please note that because there are time restrictions on when you can make a medical negligence claim; you should get in touch with us as soon as possible after the incident.
What do I do when I am injured at work?
If you are injured at work, there a number of steps you should take as advised by WorkCover NSW:

• You should immediately let your employer know about your injury or illness. This includes recording details of the injury and when and how it happened in your employer’s register of injuries.

• Next visit a doctor and receive a WorkCover certificate of incapacity. Sign this document to give your consent to having the doctor release information to WorkCover and your employer’s insurer.

• Sign a worker declaration (available on the WorkCover website).

• Give both your completed certificate of incapacity and worker declaration to your employer and attach any receipts for treatment you’ve received.

• Ask your employer to notify their workers’ compensation insurer.
What happens when I have a motor vehicle accident and the driver at fault can’t be found?
If you have been involved in a car accident and you were not at fault but you cannot find/identify the driver that was at fault, you are still entitled to make a claim. The Motor Accidents Compensation Act 1999 (NSW) provides for such a circumstances by creating what is called a ‘nominal defendant’ (essentially a substitute for the other party).

CTP insurers are required by law to contribute to the Nominal Defendant’s Fund, which ensures that any person injured in a car accident where there is no other party can still be covered for treatment and compensation.

Unfortunately, it is not an automatic process, and injured drivers need to prove the accident they were involved in was caused by the other party and that the injuries sustained were due to the negligence of the other party.

Contact us at Foye Legal so that we can assess your claim and advise you whether you are eligible to make a claim. This is at no cost to you. Please note that there are time restrictions on when you can make a claim. You should endeavour to get in touch with us as soon as possible after your accident.
What is a ‘no-win, no-fee’ lawyer?
A ‘no-win, no-fee’ lawyer means that they will provide you legal services and you will only be charged for the services if you succeed in your claim.

The benefit of this is that you do not have to worry about the legal costs of trying to proceed with a case or the concern that if you lose, you will be lumped with a bill from your lawyer at the end of proceedings.

Another benefit of this is that ‘no-win, no-fee’ lawyers will only pursue claims that they assess as having a high likelihood of success.

Foye Legal is a ‘no-win, no-fee’ law firm for the area of personal injury.
I have just been injured in a public place. What do I do?
If you are injured in a public place you may be able to make a claim for compensation. To make the process easier and to identify any negligence of third parties you should:
1. Seek medical attention
It is important that you seek medical attention straight away. This may mean that you require an ambulance to attend the scene if you are seriously injured. If you are not seriously injured, attend upon your general practitioner. Keep in mind that a lot of injuries will slowly come out and become more painful as time passes, so it is beneficial that you seek medical attention as soon as possible after you are injured.
2. Take photos
There are many causes of accidents in public places, such as slipping on liquids on the floor, tripping hazards and unsafe walkways, just to name a few. To support your claim, you should ask someone to take photos of everything in the immediate vicinity of where you were injured and as soon after the incident as possible.
3. Report your accident
You should report your accident and injury to the appropriate person that has care and control of the place in which your injury occurred so that they are aware of your accident.

If you are able to, immediately after your accident, you or a friend or family member with you should try to collect the details of any witnesses who saw the accident. This will help your claim in the long run, as witnesses are often difficult to track down, especially if they are just passers-by.

Similarly, you should get the details of any employees who were present at the time of the accident or who attended to you afterwards.
4. Contact us
Contact us at Foye Legal so that we can assess your claim and advise you whether you are eligible to make a claim. This is at no cost to you. Please note that there are time restrictions on when you can make a public liability claim. You should endeavour to get in touch with us as soon as possible after your accident.
What sort of compensation am I entitled to for a permanent disability?
If you are suffering from an injury or illness which is preventing you from performing the work you once did, you could be entitled to make a claim to your superannuation fund for a Total & Permanent Disability (TPD) insurance benefit.

TPD claims are frequently overlooked by people as they are not aware that such a benefit exists. However, if you have a superannuation fund, which in most cases is nearly every working person, then it is highly likely that fund has a TPD policy.

The definition of TPD will be provided by your superannuation fund. Generally, you must be unable to work in a position for which you are qualified by education, training or experience due to personal injury and/or sickness.

The Trustee of your fund will require an assessment to determine whether you meet the definition of TPD as set out in their policies. We can assist you through the complex claims process to ensure that it is managed as quickly and effectively as possible.

A successful TPD claim will result in a lump sum payment.
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