Compensation & Insurance: Personal Injury - Guides
Personal Injury
6. Notice of Claim Form
Firm / Chambers:
Last updated: 13 Aug 2015
- If you were injured at work most states and territories require you to make a claim or an application for worker's compensation as the first step. You can lodge a claim for worker's compensation whether or not your employer was at fault. The main consideration with this sort of claim is that the injury occurred at work. As such you generally make a worker's compensation claim before making a claim for damages in negligence. The claim for damages relies on you being able to prove fault on the part of the employer and suing them for this fault.
- A process usually needs to be completed prior to making a claim for compensation or damages against your employer. This process involves rehabilitation and workers’ compensation payments (commonly referred to as ‘compo’). For more information see our Workers Compensation Law topic. This process does not require negligence to be proved. Your employer should be able to provide you with the relevant workers compensation forms to be completed. You may have to fill out an application rather than a notice of claim form.
- Before you can start your claim for other types of injury or if you are suing your employer for negligence you are usually required to issue the person who you believed caused your injury (the respondent) with a notice of claim form. The notice of claim form specifies the details of your accident including all of the surrounding circumstances and the nature of your injuries. Once it is lodged the claim process has commenced.
- The form that you need to fill out will depend on your state or territory of residence. There may be slight differences between each state and territory. You can access the appropriate form online via your state or territory justice department or parliamentary website. A simple Google search on the type of claim such as "motor vehicle accident claim in New South Wales" or "personal injury notice of claim Victoria " will often point you in the right direction.
- Once you have completed the notice of claim form it should be served on the person or company that caused the accident. A separate notice should be served to every person that you believe caused or contributed to the accident.
- It may be necessary to undertake some searches to find who the relevant person is. A lawyer will be able to assist you in making these investigations if you run into difficulties.
- Your state or territory law will stipulate a timeframe within which you should lodge the notice of claim. This timeframe may vary between each state and territory.
- After you have lodged your notice of claim the other party is required to respond. They must confirm whether they are the correct person. If they are the correct person they become the 'respondent' to your claim.
- The claim is commenced.
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