Can You Make a Compensation Claim on Behalf of Another Person?

When someone is injured due to another party’s negligence, they may be entitled to compensation.

However, not all injured individuals can pursue a claim themselves. In certain situations, a family member, legal guardian, or another authorised representative may need to act on their behalf.

If you’re in Brisbane and wondering whether you can make a compensation claim for someone else, this guide will provide clarity on the legal requirements and processes involved.

Who Can Make a Compensation Claim on Behalf of Someone Else?

In Queensland, specific circumstances allow another person to lodge a compensation claim on behalf of an injured party. These include:

1. A Parent or Guardian for a Minor – If a child under the age of 18 is injured, their parent or legal guardian can initiate a compensation claim on their behalf. Minors do not have legal standing to enter into legal agreements, so an adult must represent them in legal matters.
2. A Guardian for an Individual with a Disability – If the injured person has a disability that prevents them from managing their legal and financial affairs, a legally appointed guardian or administrator may handle their compensation claim.
3. A Personal Representative for a Deceased Person’s Estate – If an individual has passed away due to an accident, their estate’s executor or administrator may file a claim for wrongful death compensation on behalf of dependents or beneficiaries.
4. A Family Member or Close Associate for an Incapacitated Person – If someone is unconscious, in a coma, or otherwise unable to act due to severe injuries, a spouse, parent, child, or legally appointed representative may act on their behalf.

Types of Compensation Claims That Can Be Made on Behalf of Another Person

The nature of the injury and the relationship between the parties will determine the type of compensation claim that can be lodged. Common claims include:

• Motor Vehicle Accident Claims – If a loved one has been seriously injured in a car accident, you may be able to claim compensation through Queensland’s Compulsory Third Party (CTP) insurance scheme.
• Workplace Injury Claims – If an employee is injured at work and is unable to make a claim themselves, a trusted representative can assist in filing for workers’ compensation.
• Medical Negligence Claims – When medical malpractice results in severe injury or incapacity, a family member or guardian may pursue a claim on behalf of the victim.
• Public Liability Claims – If someone is injured in a public place due to negligence, a claim can be made against the responsible party.
• Superannuation and TPD (Total and Permanent Disability) Claims – If a person is permanently disabled and unable to work, their guardian or legal representative can assist with lodging a TPD claim through their superannuation fund.

The Legal Process of Making a Claim on Behalf of Someone Else

The process of making a claim for another person involves several legal steps:

1. Confirm Legal Authority – If you are making a claim for a minor, incapacitated person, or a deceased individual’s estate, you must establish your legal authority to act on their behalf. This may involve providing a birth certificate (for minors), guardianship documents, or a will naming you as the executor.
2. Gather Evidence – As with any compensation claim, evidence is crucial. This may include medical reports, witness statements, accident reports, and financial records detailing expenses related to the injury.
3. Lodge the Claim – Depending on the type of compensation claim, you will need to submit the necessary paperwork to the appropriate body, such as the insurer, WorkCover Queensland, or a court.
4. Negotiate a Settlement – Many compensation claims are resolved through negotiation rather than litigation. Your lawyer will work to secure a fair settlement that covers medical expenses, lost income, rehabilitation costs, and other damages.
5. Litigation if Necessary – If a fair settlement cannot be reached, the case may need to proceed to court, where a judge will determine the compensation amount.

Challenges in Making a Compensation Claim for Someone Else

While the law allows certain individuals to make claims on behalf of others, several challenges may arise:

• Proving Legal Standing – Establishing your legal right to act on behalf of another person can require extensive documentation and legal processes.
• Disputes with Insurers – Insurance companies may attempt to dispute claims, particularly if the claimant is not directly involved in the injury.
• Emotional Stress – Handling a compensation claim for a loved one can be emotionally taxing, especially in cases involving severe injuries or fatalities.
• Time Limits – Compensation claims are subject to strict time limits. For example, motor vehicle accident claims typically need to be lodged within nine months of the accident or within one month of consulting a lawyer.

How a Compensation Lawyer Can Help

Seeking legal advice from an experienced compensation lawyer in Brisbane, like Morgan Clifford,  is highly recommended when making a claim on behalf of someone else. As your compensation lawyer we can:

• Assess Your Eligibility – Determine whether you have the legal right to act on behalf of the injured party.
• Gather Evidence – Collect and present the necessary documentation to strengthen the claim.
• Negotiate with Insurers – Handle discussions with insurance companies to secure the best possible settlement.
• Ensure Compliance with Legal Deadlines – Ensure all necessary paperwork is submitted on time to avoid claim rejection.
• Represent You in Court – If necessary, provide legal representation to fight for the compensation your loved one deserves.

Making a Compensation Claim on Behalf of Another Person

If your loved one is unable to pursue a compensation claim due to their age, incapacity, or passing, you may have the legal right to act on their behalf.

However, navigating the legal and procedural complexities can be challenging. Utilising our professional legal assistance can make the process smoother and improve the chances of a successful claim.

At Morgan Clifford Compensation Lawyers in Brisbane, our focus is on handling claims for injured individuals and their representatives.

If you need advice on making a claim on behalf of someone else, contact us today for a free consultation.

Types of claims – Personal Injury lawyers Toowong

衡量您的选择