No Win No Fee Lawyers Cairns

Cairns Compensation Lawyers for Road Accidents

In Queensland, Compulsory Third Party (CTP) insurance provides coverage for personal injury compensation in road accidents, including those occurring on Cairns' major roads like Captain Cook Highway or Bruce Highway. If you are injured in a motor vehicle accident due to another driver's negligence, you may be entitled to claim compensation for:

• Medical expenses
• Lost income
• Pain and suffering
• Ongoing care needs

Workplace Accidents

Workplace injury compensation in Queensland is governed by the Workers' Compensation and Rehabilitation Act 2003. There are two main types of claims:

WorkCover Claim

WorkCover claims operate on a no-fault basis, meaning you are entitled to make a claim regardless of who was at fault for your personal injury, whether it happened in a Cairns office, construction site, or other local workplace. Under a WorkCover claim, you may be eligible for:

• Weekly payments for lost wages
• Coverage for medical expenses
• Lump sum compensation for permanent impairment
• Travel expenses for medical appointments

Common Law Claim

If your personal injury was caused or contributed to by the negligence of your employer or another party, you may also pursue a common law claim. This allows you to seek compensation for:

• Past and future economic loss
• Pain and suffering
• Loss of life enjoyment
• Future medical expenses

To make a common law claim, you must prove that your employer or another party breached their duty of care, resulting in your personal injury. While receiving WorkCover benefits, you can explore the possibility of a common law claim. However, if successful, you may need to repay some of the WorkCover benefits received.

Public Liability Claims

If you're injured in a public place due to someone else's negligence, you may be eligible to make a public liability claim under the Personal Injuries Proceedings Act 2002. This includes accidents in locations like Cairns Esplanade, shopping centres, or local parks.

Based on available information and general road safety trends, here's an overview of road accidents in the Cairns and surrounding regions, including Port Douglas and the Atherton Tablelands:

Most Common Injuries

Although specific injury data for Cairns is limited, common road accident injuries in the region typically include:

• Whiplash: Often resulting from rear-end collisions, particularly in urban areas and at busy intersections.
• Fractures: Especially in high-impact collisions or accidents involving vulnerable road users, such as cyclists or pedestrians.
• Head injuries: Including concussions and more severe traumatic brain injuries, which can occur in various types of crashes.
• Soft tissue injuries: Such as sprains and strains, common in rear-end and side-impact collisions.
• Spinal injuries: Potentially severe, particularly in high-speed crashes or rollovers.

Types of Road Users Injured

The Cairns region sees a variety of road users impacted by accidents, including:

• Car drivers and passengers: Representing the majority of road users injured in accidents, particularly on major roads like the Bruce Highway, Captain Cook Highway, and roads connecting to Port Douglas and the Atherton Tablelands.
• Motorcyclists: At higher risk of severe injuries due to lack of protection, especially on rural roads and areas with fast-moving traffic.
• Cyclists: Vulnerable on busy roads, particularly in popular tourist areas and near coastal cycling routes.
• Pedestrians: At risk in high-traffic areas, particularly near shopping centres, beaches, and tourist spots like the Cairns Esplanade.

Common Causes of Road Accidents

While specific data for Cairns is not available, common causes of road accidents in Queensland generally include:

• Speeding: A major factor in serious and fatal crashes, particularly on highways like the Bruce Highway.
• Drink driving: An issue in both urban and rural areas, especially during weekends and holiday periods.
• Distracted driving: Including mobile phone use while driving, which remains a significant cause of accidents.
• Fatigue: Especially among tourists and shift workers, which can be an issue on long routes connecting Cairns to Port Douglas, the Atherton Tablelands, and other regional areas.
• Failure to give way: Common at intersections and roundabouts, particularly in busy urban areas.

Accident Hotspots

High-risk areas in Cairns include:

• Busy intersections such as those along Sheridan Street and Mulgrave Road.
• Major roads like the Bruce Highway and Captain Cook Highway, which see a high volume of traffic, including both commuters and tourists, especially those travelling to and from Port Douglas and the Atherton Tablelands.‍
• Tourist areas with inadequate pedestrian infrastructure, increasing the risk of pedestrian accidents, particularly near the Cairns Esplanade and popular beach areas.

The Cairns and Atherton Tablelands regions encompass a diverse range of industries, from tourism and healthcare in Cairns to agriculture and forestry in the Tablelands. Below is an analysis of the work injury trends in these areas using local data and statistics of Cairns and Atherton Tablelands by Worksafe Queensland.  

Recent Statistics and Trends

According to WorkSafe Queensland, the Cairns region recorded an average of 2,520 accepted workers' compensation claims per year from 2014-15 to 2016-17, representing 3.9% of Queensland's total claims. The region also saw 1.7 fatal claims per year, accounting for 3.9% of Queensland's total fatal claims.

In the Atherton Tablelands, an average of 338 accepted workers' compensation claims per year were recorded during the same period, representing 0.5% of Queensland's total claims. The Tablelands also saw 1 fatal claim per year, accounting for 2.3% of Queensland's total fatal claims.

The return to work rate for injured workers in Cairns was 93.7%, and in the Tablelands, it was 93.3%, both slightly below the state average of 94%. The average number of work days lost per claim in Cairns was 45.7 days, and in the Tablelands, it was 47 days, compared to the Queensland average of 45 days.

Highest Risk Industries

The highest risk industries in Cairns and the Tablelands, based on average annual claims from 2014-15 to 2016-17, include:

Cairns:

1. Agriculture, Forestry, and Fishing: 291 claims per year.
2. Retail Trade: 280 claims per year.
3. Health Care and Social Assistance: 272 claims per year.
4. Manufacturing: 248 claims per year.

The agriculture, forestry, and fishing sectors had the highest claim rate, with 70.1 claims per 1,000 workers.

Tablelands:

1. Agriculture, Forestry, and Fishing: 73 claims per year.
2. Manufacturing: 37 claims per year.
3. Retail Trade: 31 claims per year.

The manufacturing sector had the highest claim rate in the Tablelands, with 128.7 claims per 1,000 workers, followed by agriculture, forestry, and fishing, with 82.1 claims per 1,000 workers.

Most Common Work Injuries

The most frequent work-related injuries in Cairns and the Tablelands, based on mechanisms of injury data, include:

Cairns:

1. Body stressing (34%): Common across all industries, particularly in healthcare and manual labour roles.
2. Falls, trips, and slips (18%): Common in retail, construction, and healthcare.
3. Hitting objects with a part of the body (16%).
4. Being hit by moving objects (15%).
5. Vehicle incidents (10%).

Tablelands:

1. Body stressing (30%): Frequently due to repetitive movements in agriculture and forestry.
2. Falls, trips, and slips (19%): Common in agricultural and construction sectors.
3. Hitting objects with a part of the body (17%).
4. Being hit by moving objects (17%).
5. Vehicle incidents (9%).

Where Do Personal Injury Accidents Happen in Cairns?

The Cairns region has a strong focus on tourism, agriculture, and healthcare, which contributes to its work injury statistics. The agriculture sector has the highest number of injury claims, particularly due to the prevalence of rural work environments around the Tablelands. The tourism sector, while not prominently featured in high-risk claims, includes risks such as slips and manual handling incidents in accommodation and food services.

The Atherton Tablelands have a significant reliance on agriculture and forestry, leading to higher injury rates in these sectors. The manufacturing sector also presents a high claim rate, indicating the need for improved safety measures in this industry. Additionally, the outdoor work environment common in the Tablelands region increases risks such as falls, injuries from equipment, and environmental factors like heat exposure.