Rehabilitation – what are your rights?
In Queensland, making a claim for injuries isn’t all about getting a payout. Injured people in Queensland are usually entitled to have their reasonable rehabilitation expenses met by an insurer. This funding is easy to access and provided without much legal hassle which means you can get back on your feet sooner. How does it work?
Were you injured in a motor vehicle accident?
When you are injured in a motor vehicle accident (including bicycle v car or motorcycle accidents) and it was not your fault, you are entitled to have your reasonable rehabilitation expenses met by the CTP insurer. Insurers often take a pragmatic approach, and in most cases will agree to fund your reasonable rehabilitation once your lawyer has lodged the claim form with them. In some cases however, funding will not be approved until the insurer has investigated and admitted that their insured driver was liable for the accident.
What is reasonable rehabilitation?
If treatment is recommended by your doctor, it is usually considered reasonable. This includes treatment that is commonly required after a motor vehicle accident, including:
- Consultations with an orthopedic surgeon or other specialist;
- Radiology (e.g. x-rays, CT scans or MRI); or
Were you injured in a workplace incident?
If you are injured at work you will likely have a claim against WorkCover Queensland, the default workers’ compensation insurer in Queensland. The workers’ compensation system for rehabilitation is a no-fault scheme. That means you can access rehabilitation without having to prove you were injured because of your employer’s negligence.
Were you seriously injured?
Serious injuries caused in motor vehicle accidents (regardless of fault) can also be covered by the National Injury Insurance Scheme (NIISQ).
What should I do next?