What you need to know about Personal Injury Laws in NSW.
Personal Injury & compensation
Personal injury law in New South Wales is mainly dealt with under the Civil Liability Act 2002. While negligence laws developed from Australian case law (also referred to as common law), NSW courts must follow the Civil Liability Act 2002 for any claims lodged after 20 March 2002.
Under the Civil Liability Act 2002, personal injury law includes the following:
- Car accidents, which are also regulated under the Motor Accidents Compensation Act 1999;
- Medical negligence;
- Public and product liability, including recreational and sporting activities; and
- Serious injuries.
While superannuation insurance claims such as Total and Permanent Disability generally fall under personal injury legal practice, these types of claims do not fall under the Civil Liability Act 2002.
Instead, they are claims made under a cross-section of laws between contracts and trusts law. However, superannuation insurance claims for those in NSW should be lodged in New South Wales’ courts.
Workers compensation claims in NSW are regulated under the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998, the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, and the Workers Compensation Regulation 2016.
FOR MORE INFORMATION REGARDING personal injury or compensation claims PLEASE CONTACT US TODAY.
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