What Happens If My Criminal Injury Claim Is Rejected in Perth?

Crimes can happen at any time, and you could be affected by them. If you are a victim of a crime, and it caused you mental and physical damage, you draft an appeal to the District Court of Western Australia. In this blog, criminal compensation lawyers Perth will inform you what a criminal injury claim is, why it can be refused, and what you should do about it.

Who Can File an Injury Claim?

According to the Criminal Injuries Compensation Act 2003 (WA), you do not have to wait for a conviction or the offender to be identified to file for a compensation claim. As long as you prove the offence likely occurred and you were affected by it. A criminal injuries claim lawyer in Perth states that a compensation claim can be filed by:

• The victim of the crime
• A close relative of someone who died as a result of a criminal offence, where the relative has suffered financial damages due to the victim’s death.

What Comes Under Injury During Crime?

If the victim is alive but suffered injuries, which can be due to assault or a workplace accident, workers’ compensation lawyers Perth term this as loss. This loss means money-related harm caused directly by the crime. Under the Criminal Injuries Compensation Act 2003 (WA), the things that can be claimed are stated as follows:

• Medical or Counselling Costs: If the injury you suffered during the commission of a crime needs medical attention in the form of doctor’s visits and therapy, you can file a financial compensation claim.
• Future Treatment Cost: If the injury you incurred needs surgeries or reports from a healthcare professional, you can apply to injury during the claim. Through this, you can cover the cost if further medical treatments are necessary.
• Lost Income: If the injury you suffered causes you to miss deadlines and work as a professional in any field, you can seek compensation for the amount you lost during that period.
• Damage to Personal Item Worn During the Crime: If the crime caused damage to a personal item, such as broken glass or jewellery, then you ask for the equivalent amount of the damage caused.
• Pain or Suffering: If the victim developed any kind of shock or trauma due to the crime incident, they can demand compensation for emotional distress and psychological suffering.
• Funeral Costs: A close relative of the victim can ask to cover the funeral costs in case the victim dies. They include funeral service expenses, burial costs and any related expenses.

It is important to know that the injury of the crime must directly cause the loss you state in your claim.

When Can an Injury Claim Be Rejected?

Sometimes, your claim approval notice may not contain the terms or the amount of compensation you want. The following reasons may apply if there’s a criminal injury claim rejected in Perth:

• Late Application: According to the Criminal Injuries Compensation Act 2003 (WA), you must apply for an injury claim within 3 years of when the incident took place. In case of multiple offences, the date of the last offence committed against you is taken into account.
• Lack of Evidence: The assessor is not convinced that your injury was caused by the crime you suffered, for your compensation reason is lacking. If your documents containing your medical history and treatments are not in order, your claim can get rejected.
• You Didn’t Report or Help the Police: If you never reported the crime as a victim and refused to give statements to the police, your claim may be rejected unless you have a valid reason. This includes not cooperating with the police investigation and follow-ups.
• You Were Yourself Committing a Crime at the Time of the Incident: If you are injured while committing another crime yourself, you may not receive injury compensation.
• You Already Received Compensation for the Same Injury: If you already received compensation for the same injury, you cannot demand additional compensation claims regarding it.

What Do I Do Once My Injury Claim Is Rejected?

If your compensation is rejected, the crime victim claim appeal Perth states there’s no cause for panic, as you can file an application for review within 21 days of your notice. According to the Criminal Injuries Compensation Act, you have to draft an appeal to the District Court of Australia. The following steps are mentioned:

• Read the Clauses of the Rejection Carefully: To begin your claim defence, you have to understand the reason why your appeal failed. Seek the help of a criminal injuries compensation lawyer in Perth if necessary to detect what clauses or statements need fixing or evidence.
• Counter the Reason for the Rejection: If you have a valid reason for appealing after the time period of the claim has elapsed, give a good reason. If it’s because of trauma, fear or illness, the court may consider your appeal under certain conditions. In case of not enough evidence, arrange your documents clearly with more medical receipts and police reports. For not reporting to the police, a proper reason must be shown, and a direct link should be established between the crime and your injury.

Conclusion

Getting an injury claim compensation is very important for the victim, as a major injury can disrupt their lifestyle. Such an injury can happen due to a crime or even during a workplace accident. Hence, in such cases, consulting the best workers’ compensation lawyers Perth helps you present your case with proper supporting documents in court efficiently.