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Accident and Personal Injury

Road Traffic Accident

If your family member or you has been involved in a road traffic accident we can help you to gain the rehabilitation and compensation you are entitled to.

What should you do when you are involved in a road traffic accident?

It is important to take the following steps:

Record details of the other party at the scene i.e. name, address, telephone, insurance details and vehicle registration number.

Take details of any other party and any witnesses present . It would be advantageous if you have a video recording of the incident (in-car camera recording will be ideal)

If personal injury is involved, report the matter to the police immediately.

If there is no personal injury file, an accident report with Independent Damages Assessment Centres (“IDAC”). Usually, your workshop should assist you in making the report.

Lastly, inform your insurers of the accident.

Industrial Accident

 

Legally, an employer has a responsibility to ensure that the working environment remains safe for all employees. Health and safety regulations should be adhered to, and employees should receive appropriate training along with the correct safety equipment required.

Health and safety regulations cover various aspects of the workplace, including your work station, equipment safety, manual handling, training, access to hazardous substances, workwear such as slip resistant shoes and noise levels.

Nonetheless, accidents do happen and if you’ve been injured in the workplace through no fault of your own, you are entitled to raise a claim. Even if the negligence of another employee caused your workplace accident, you can still claim for workplace accident compensation. This relates to all kinds of injuries sustained in the workplace, from serious injury using heavy machinery, right through to injury sustained from slipping on a wet floor or tripping over a hazard.

 

Work injury

If you have sustained a serious injury at work as a result of your employer’s negligence, then you may be entitled to claim compensation for your injury and out of pocket expenses. We can help you with your accident at work injury claim and will endeavor to get you the compensation you deserve. We will claim compensation for any loss of earnings caused as a result of the accident. If you are unable to return to work for the foreseeable future or you are unable to return to a similar job, we can assist to claim compensation for this.

FAQ

1. If I am outside and injured in an accident caused by the fault of someone else, what should you do?

You must first seek medical attention followed by filing an accident report with the police or with the General Insurance Agency of Singapore (usually at a workshop authorised by your insurers).

Proceed to inform your insurers of the accident without delay. If your vehicle is damaged, the insurers will appoint a firm in their panel of lawyers to claim for the damage to your car.

You should then send the car or motorcycle to a workshop authorised by your insurers to be surveyed by the third party’s surveyor and then repaired.

Often the workshop will liaise with the insurers of the third party for the cost of the repairs to the vehicle or if they are convinced that the third party was at fault then a lawyer on their panel to prosecute the claim for the repair costs.

You should also approach a lawyer to claim for damages for the personal injuries you suffer.

2. If the third party offers to settle the matter privately without making a report should you agree to do so?

It is advisable to make a report and seek compensation formally, as often, the other party may proceed to make a claim without your knowledge and deny reaching any private settlement with you.

3. What is the procedure for making a claim for personal injury?

The law firm will first write to the police for the outcome of their investigation into the accident or incident. They will then write to the hospital for a medical report on your injuries, interview any witness you may have and also visit the site of the accident.

Once all the relevant information is collated, lawyers will quantify the claim based on injuries and the losses suffered at present and in future and inform the third party’s insurers of your claim.

Often it is possible to settle the claim directly if the claim is not very large. If the claim is large, the third party’s insurer may instruct lawyers to defend the claim and you will have to commence legal action by filing a suit against the defendant. The court process may take many months before the matter is settled.

The Court gives its indication on percentage of liability of each party for the accident and the quantum of damages payable. The parties may then accept the indication, failing which, at trial the Court decides on liability or assess damages payable.

4. What if the driver or rider of the offending vehicle cannot be located?

The police should be able to identify him or her in the course of their investigation, failing which, you can still seek compensation from the Motor Insurers Bureau.

5. What if the other party’s insurers disclaim liability on account of his drunkenness or other fault?

All is not lost. For personal injury you can still sue the driver or rider and seek compensation from the Motor Insurer’s Bureau.

6. How much will I get in damages for my injuries?

That would depend on the extent of your injuries as reflected in the medical report and the awards the courts have been awarding for such injuries. Further, the damages payable will also depend on losses you will or are likely to suffer based on the medical reports and past court decisions. The courts have issued a guide on the quantum of damages you are likely to be awarded for specified types of injuries.

7. What if the injured person is a minor or mentally incapacitated?

If the injured person is a minor or mentally incapacitated their parent or sibling if above 21, and not a bankrupt can act on their behalf in making the claim.

8. How long will it take before I can get my compensation?

If the claim is small it can take between 3 to 6 months. In bigger claims it can take a year or longer.

9. Is there a deadline for me to make the claim for damages for personal injury?

Yes. 3 years from the date you were injured.

10. What if I am injured in the course of my work?

You may make the claim under the Workmen’s Compensation Scheme or under common law.

11. What is the difference in making a claim under the Workmen’s Compensation Scheme and making the claim under common law?

Under the Scheme, the claim must be filed within 1 year whilst under the law it must be made within 3 years from the date of the injury.

Under the Scheme as long as you are injured you will be compensated regardless of whether the injury was due to your fault or not. Under the law, you are required to prove that the other party was totally or substantially at fault. If you are found to be totally or substantially at fault you can end up paying legal costs to the other party.

Under the Scheme the compensation payable is limited to the extent of your disability as indicated by the doctor and the amounts prescribed by the law. Under common law, the amount payable is determined by the extent of your liability for the accident, the extent of your injuries and losses and the court’s guidelines for such injuries.

12. What evidence is required to support my claim for damages?

Medical reports, outcome of police investigation, hospital bills, medical certificates, income tax assessment and payslips.

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