How To Make A Claim

1. Report the accident to the police as soon as possible or at least within 28 days.
2. Find out who the green slip insurer of the vehicle at fault is. This can be done by obtaining their registration number and telephoning the Motor Accident Authority (02) 9252 4677, Free Call 1800 463 940 who will then tell you who their green slip insurer is. Then contact the insurer who will send you a claim form. If you are claiming compensation for injuries, ask for a Motor Accident Personal Injury Claim form. If you are claiming compensation for the death of a relative, ask for a Relatives Claim Form.
3. The completed form must be returned to the insurer within 6 months. If your injuries require ongoing rehabilitation or are so severe that you need a carer or help at home, it is to your advantage to return the claim form quickly as the insurer may be able to help with these costly needs.
4. You will need to send a notice of claim (contained in the claim form) to the person at fault, who will then need to contact their green slip insurer themselves.

   In such cases the Motor Accident Authority is the nominal defendant, allocating the claim to one of the 12 green slip insurance companies.

What Happens After A Claim Is Made

   After the claim form is lodged the insurance company investigates the accident before deciding if it will accept liability or not. Sometimes liability is difficult to establish and the insurer and your own solicitor must negotiate a compromise, occasionally with the help of the court system. This may take several years. While this occurs, interim medical, rehabilitation and other expenses may be paid by the insurer. Your solicitor can negotiate with the insurer on your behalf.

   It is strongly advised that competent legal advice be sought when making a CTP claim. The Law Society of NSW (02 9373 7300 – Free Call 1800 357 300)has a listing of accredited Personal Injury Legal Specialists that may guide you in your choice.

   In NSW the WorkCover system provides financial assistance and compensation to workers who sustain an injury where work is a substantial contributing factor. This includes:

• Injury while at work
• Injury while travelling as part of work
• Injury travelling directly between work and home
• Injury whilst on authorised absence from work.

1. As soon as possible after the accident, complete a claim form.
2. Attach a completed WorkCover Medical certificate to the claim and give these to your employer who will forward them to the insurer.
3. The insurer will usually make a decision about claim liability within 21 days of receipt of the claim.
4. If the case is complicated, further investigations may be needed before the insurer can determine liability.

   If you are injured in a motor vehicle accident and are not at fault or are partially at fault, you may be eligible for compensations under both the Compulsory Third Party Scheme and WorkCover. You do not have to choose immediately which claim to pursue. Your lawyer can help you determine which benefits are best for you.

   Once the claim has been accepted by the insurer they may allocate a rehabilitation adviser to your case. This case manager will coordinate your rehabilitation plans and your return to work.

1. Award rate of pay whilst unable to work (reduces to a lower statutory rate after 26 weeks).
2. Medical, surgical. rehabilitation, pharmacy costs etc.
3. Travel expenses to and from appointments.
4. Damage to work tools, clothing etc.
5. Lump sum payment for personal injuries.

   Note that the Workers Compensation legislation requires that injured persons cooperate fully with rehabilitation plans so as to maximise recovery. Failure to do this may jeopardise benefits.

   It is your right to seek legal assistance with your worker’s compensation claim. Where injuries are serious and involve long-term disability you are strongly advised to consult a lawyer who is an accredited specialist in personal injury. The Law Society of NSW has a listing of accredited specialists that can guide you in your choice. You may also consider asking people you know for their recommendation. If you are a member of a Trades Union, they may be able to refer you to a solicitor. As you narrow down your choice of lawyer you may like to compare their track records by asking them for information about cases they have handled and settlements they have obtained in similar cases.

   Law Society of NSW – (02) 9373 7300

   Workcover NSW – (02) 9370 5006

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