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What is compensation?

Generally speaking, compensation is money awarded to a person who is injured by the negligence or wrongful actions of another party.

However, there are a few situations where you may be eligible for basic compensation without proving negligence, such as some workers compensation and motor accident claims.

What does compensation include?

Compensation is designed to offset the cost of your injury. This includes more than just financial costs — you can also receive compensation for the negative impact of the injury on your life.

Depending on the type of claim you’re making and the state you live in, your compensation may cover things like:

  • Lost wages (both past and future).
  • Medical expenses (both past and future).
  • Pain and suffering.
  • Care and assistance.

Am I entitled to compensation?

While every situation is different, below are some of the most common scenarios that may entitle you to compensation.

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How much compensation can I get?

The exact amount of compensation you receive depends on the type of claim you’re making, the severity of your injuries, and your state of residence.

The amount of motor accident compensation you receive depends on what state you’re in and whether someone else caused the accident.

In NSW, Victoria, Tasmania, the ACT and the Northern Territory, you don’t have to prove that your injury was someone else’s fault to get compensation.

Your motor accident claim may cover:

  • Loss of wages (both past and future).
  • Professional care costs.
  • Medical expenses (past and future).
  • Home and vehicle modifications.
  • Legal costs (in some situations)
  • Superannuation (in some situations).

On the other hand, if you’re in Queensland, South Australia, or Western Australia, you cannot receive compensation unless you prove that someone else caused the accident.

In addition to the basic entitlements above, your compensation may also cover:

  • Loss of life expectation.
  • Care from family and friends.
  • Loss of enjoyment of life (including psychological injury).
  • Pain and suffering.
  • Loss of capacity to care for a dependant.

Importantly, even if you’re in a state that allows at-fault claims, you can still make a negligence claim if someone else caused the accident.

For a more detailed breakdown, head to our motor accident compensation guide.

A public liability claim can result in substantial lump sum compensation. The amount you receive is based on the severity of your injury and its impact on your life.

Generally speaking, your compensation will include:

  • Lost income (both past and future, including superannuation).
  • Professional care and support.
  • Medical expenses.
  • Modifications to your home or vehicle.
  • Care from family and friends.
  • Loss of ability to care for a dependant.
  • Pain and suffering (how your injury impacts your physical and mental well-being).

To learn more about public liability compensation, head to our complete guide.

There is a broad range of compensation awarded in medical negligence claims. At the lower end, some claims are limited to $100,000 to $200,000. At the opposite end, there are cases where the compensation exceeds $10 million.

Your compensation may cover:

  • Lost income and superannuation (both past and future).
  • Pain and suffering (the injury’s impact on your well-being).
  • Medical and hospital expenses.
  • Professional care
  • Care from family or friends.
  • Loss of capacity to care for a child or other dependant.
  • Home or vehicle modifications.

The precise amount you get depends on the facts of your case, including your age and the severity of your injury.

To read more about compensation in medical negligence claims, check out our complete guide.

Most workers compensation claims include a number of basic entitlements.

  • Weekly payments to cover lost earnings (up to 95% of your pre-injury income).
  • Hospital and medical expenses.
  • Counselling and additional support services.
  • Travel costs to and from medical treatment.

Importantly, workers compensation schemes operate on a ‘no fault’ basis, meaning you’re entitled to compensation regardless of how the accident happened.

Permanent impairment compensation

You may also receive a lump sum payment if your injury causes long-term issues. In most states, like NSW and Victoria, this involves meeting a minimum percentage of Whole Person Impairment (WPI). In other states, such as Queensland, there is no minimum percentage of impairment, but the compensation you receive depends on how severely you’re injured.

Unlike weekly workers compensation payments, work injury damages claims can result in substantial compensation. Depending on the nature of your claim, you may receive hundreds of thousands (or even millions) of dollars.

Every state has its own maximum compensation amount. For example, in NSW, it’s possible to claim up to $2 million in compensation. In Victoria, this figure grows to $2.4 million.

The exact compensation you receive depends on a few factors, including:

  • The type of injury you have.
  • How your injury affects your current work capacity.
  • Whether you’ll be able to work in the future.

A TPD claim can result in up to $2 million in compensation, with an average of $60,000 – $450,000.

Your exact compensation is based on several factors, including:

  • The type of superannuation policy you have.
  • The terms of your superannuation policy.
  • The severity of your injury.
  • Your last job (before stopping work due to your injury).
  • How long you’ve been unemployed.

You can learn more in our comprehensive guide to TPD compensation.

Do I need a lawyer to get compensation?

While you can claim your own, working with a specialist personal injury lawyer gives you the greatest chance of success. We use proven legal strategies and strong medical evidence to secure maximum compensation for your injuries.

You’ll also have access to our national network of medical, automotive, and safety specialists. Since personal injury claims rely heavily on medical evidence, supporting your claim with independent expert reports is crucial. Without sufficient evidence, you may receive a smaller settlement than you deserve — or have your claim denied entirely.

Throughout the process, your lawyer will handle all negotiations and ensure your claim meets every state-specific guideline. This is essential for getting your claim approved fast and your compensation paid sooner.

Call us today for free, expert advice on your claim. You can often speak to a personal injury lawyer on the spot.

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