Important Points To Remember
There are a number of points to remember in public liability matters which include:
a) Public liability claims are very uncertain cases to run in Court and there are never any guarantees of success; and
b) Regardless of the fee policy for your legal representative, there will always be a risk that you could be exposed to an adverse costs order, or liability to pay the insurers costs if you lose the case; and
c) After settlement you may be prevented from claiming for any Centrelink benefits into the future for a period of time. There is a formula that is used by Centrelink to calculate that period. If you have received benefits from Centrelink at some time after the accident and before settlement of your work-injury damages claim then you may be required to repay those benefits to Centrelink. The insurer is required by law to check with Centrelink in every settlement to confirm whether any money is owing to them and send the money directly to them before it is released to you.
d) Medicare will often pay for some benefits before the insurer is involved in the case. Initially after treatment you will attend the hospital, GP or some other medical professional and those expenses, when the insurer is considering the claim may be paid by Medicare. Those benefits will be repayable to Medicare and should be taken into account during settlement.
e) Once judgement is given by a Judge or the case settles, it is a full and final settlement and will finalise all rights and benefits associated with the case, so ensure you have claimed all that you can.
For further information contact ISN.