For example, paramedics or police who are inflicted psychiatric injury from witnessing traumatic scenes can possibly get compensation through workers compensation but is it possible to get it from somewhere else? Like suing people? For example, a negligent driver causing so much devastation and violent images through his reckless driving and the paramedics attending the incident might get PTSD from the experience. Can they sue the driver? Or an insurance company? And get damages maybe? Are there other statutory schemes perhaps?
Hi kingofmeereen - thank you for your question.
Depending on which state the incident occurred, that person may be entitled to a few different compensations.
1. That person can make a Victims Compensation. This is for when one person inflicts physical or psychological damages upon another person. This type of compensation may be lodged at a District Court depending on the cost of damages.
2. If the PSTD is so severe that as a result, that person has developed a permanent mental health problem then they may have automatic "Total and Permanent Disability (TPD)" Insurance cover with their Superannuation account. Generally, most Australian employees have this cover. This is a lump sum cover paid to someone who is permanently disabled due to an injury, illness or mental health issues.
Of course each of the above-suggested compensations has their own criteria and that person will need to meet the criteria to be eligible for compensation.
I suggest you speak with a Personal Injury and TPD Lawyer about this situation.
I hope this answers your question.
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Kind regards
Owais
