Am I eligible for compensation after a slip, trip or fall in Queensland?
Published 29 May 2017
Practice Area: Slip & Fall Public Liability Claims
Slips, trips and falls are usually harmless or only result in minor injuries, but a particularly serious incident can be far more dangerous.
Figures from Workplace Health and Safety Queensland show that 13,000 people in the state sustain injuries due to slips, trips and falls at work, leading to over 256,000 absentee days and $60 million in workers' compensation.
But this is just the tip of the iceberg, because many individuals suffer slips, trips and falls outside the workplace when they're going about their daily business.
Fortunately, compensation is available under the Civil Liability Act 2003 (QLD) for people who are injured in such accidents.
How do I know if I can claim?
Slips, trips and falls that occur in a public place, such as a shopping mall, car park or supermarket, can lead to public claims.
However, you must be able to show that your accident was due to negligence on behalf of the individual or organisation responsible for ensuring your safety in that environment.
In other words, you need to prove that you were owed a duty of care and that this was breached. You must also have suffered damage or an injury as a result of the negligence.
How much compensation you receive after a successful claim will depend on numerous factors, including the severity of your accident, the effect it's had on your quality of life and the cost of ongoing treatment and medical bills.
Are there time limits for claims?
Yes, you usually have to begin making a claim within three years of the date that your slip, trip or fall occurred. The courts may allow some cases to proceed if there are extraordinary circumstances that prevented you from meeting the deadline.
Nevertheless, clients are typically advised to start their claim as soon as possible. One reason for this is that you and any witnesses you rely on may find memories of the event fade over time, creating uncertainty.
Employees of the organisation defending the claim could also be more difficult to track down if they have since moved jobs or otherwise become unavailable.
Taking the next steps
If you've been involved in a slip, trip or fall in Queensland, you should speak to a public liability claims lawyer who has the skills and experience to handle your case.
Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers offers a no-win, no fee service that will give you the assurance you need to pursue a claim. Please contact us today for more information.