Institutional Abuse Claim
What is a Institutional abuse claim?
A historical abuse claim, also referred to as institutional abuse, involves legal actions taken by victims who have experienced physical, emotional, or sexual abuse while in the care of institutions such as schools, churches, or state and government agencies and institutions such as prisons and correctional facilities including juvenile detention centres.
These claims typically arise from events that occurred in the past, often when the victim was a child or a vulnerable adult. This can include abuse which occurred decades ago. Institutions may have a responsibility to protect those in their care, and when they fail to do so, victims can seek justice and compensation for the harm endured and psychological injury which the abuse has caused.
At Law Works Compensation Lawyers in Sydney, we understand the complexities of these claims and are dedicated to helping victims and survivors navigate the legal process to hold these institutions accountable for their actions.
What can you claim?
When pursuing an Institutional Abuse claim, you are entitled to make a claim for damages as follows:
General Damages
Compensation for pain and suffering resulting from the abuse, including emotional distress and psychological impact.
Treatment Expenses
Reimbursement for any medical expenses incurred as a rresult of the abuse including counselling, psychological attendances and medication costs.
Economic Loss
Compensation for loss of earning capacity and future economic opportunities due to the effects of the abuse.
Future Care and Support
Claims for ongoing medical treatment, therapy, or support services that may be required as a result of the abuse.
Types of Abuse Claims
Physical Abuse
Incidents involving violence, excessive punishment, or harmful physical restraint in institutions such as orphanages or group homes.
Sexual Abuse
Cases where victims were subjected to unwanted sexual advances, exploitation, or assault while in the care of institutions like schools or religious organisations.
Emotional/Psychological Abuse
Claims involving manipulation, neglect, verbal abuse, or emotional harm inflicted by caregivers or institutional staff.
Neglect
Instances where institutions failed to provide basic needs such as food, shelter, medical care, or supervision, leading to harm or suffering.
Bullying and Harassment
Situations where individuals faced bullying or harassment from peers within institutional settings, creating a hostile environment.
Cultural Abuse
Claims related to the suppression of cultural identity or practices.
Did you know?
National Redress Scheme
In 2018, the National Redress Scheme was established following the Royal Commission into Institutional Responses to Child Sexual Abuse. This scheme acknowledges the extensive abuse experienced by children in Australian institutions and seeks to ensure accountability. It supports survivors by providing access to funded counselling services, facilitating a personal apology from the responsible institution and offering a redress payment. Any applications must be made by 30 June 2027.
The Scheme aims to:
- Acknowledge the sexual abuse suffered by children in Australian institutions.
- Hold these institutions accountable for their actions.
- Provide support to survivors through access to counselling, direct personal responses, and redress payments.
- While you may be entitled to redress payment through the National Redress Scheme, we encourage you to contact Law Works Compensation Lawyers. The National Redress scheme does not restrict victims from bringing historical abuse claims directly. Many claims are better served being brought outside of the Redress Scheme to not be confined to the limits of the Scheme.
Are there any time limits for these claims?
In New South Wales, there are generally time limits for making historical abuse claims, but recent legislative changes have provided great flexibility to victims. Under the Limitation Act 1969, survivors of abuse may be able to bring claims even if significant time has passed since the abuse occurred.
While there is typically a three-year limitation period from the date the survivor became aware of the abuse and its impact, exceptions can apply, especially for cases involving institutional abuse. It’s crucial to seek legal advice as soon as possible to understand your rights and ensure you meet any relevant deadlines. At Law Works Compensation Lawyers, we can guide you through this process and help you navigate any potential time limitations.
How Law Works Can Help
Our experienced team is dedicated to advocating for your rights. Here’s how we can assist you:
Expert Legal Guidance
We'll provide you with expert legal advice and guidance tailored to your individual circumstances.
Investigation and Evaluation
We'll thoroughly investigate the circumstances surrounding your accident to determine liability and assess the full extent of your damages by gathering the relevant medical material to present to the insurer.
Negotiation with Insurers
We'll handle all communication and negotiation with the Workers Compensation insurer on your behalf including making treatment disputes or a permanent impairment claim on your behalf.
Litigation
If your claim or a dispute remains with the insurer, we will take your case to the Personal Injury Commission to fight for your rights.
Frequently Asked Questions
If you have been injured at work, don’t delay seeking the legal advice and representation you need. Contact Law Works today to schedule a consultation. Let us advocate for your rights and guide you through the workers’ compensation claims process with care and expertise.
In a successful work injury damages claim, you are entitled to a claim for economic loss damages for your loss of past and future income and loss of superannuation as well as the tax paid by the workers compensation insurer on past weekly benefits. In addition, the workers compensation insurer pays a portion of your legal costs as regulated by the legislation.
Contact Law Works Compensation Lawyers today for tailored legal advice. We will consider your injuries and circumstances of your accident and provide you with legal advice as to whether we think you have an entitlement to a work injury damages claim.
In a workers compensation claim you are entitled to make a one-off lump sum claim for the level of whole person impairment you have suffered as a result of your injuries. This claim can be made once your injuries have stabilised. Contact Law Works today for tailored legal advice on your lump sum claim and entitlements to a work injury damages claim.
Rest assured that this is not uncommon. A work injury damages claim cannot be made until your injuries have stabilised. The relevant legislation allows for us, on your behalf, to seek leave of the Court to request an extension of time. For this reason it is crucial you instruct a lawyer as soon as possible after you have sustained your workplace injury to ensure appropriate notices are given prior to the expiration of the 3 year time limit.
The length of your claim will depend on stabilisation of your injuries and finalisation of your workers compensation lump sum claim. It will also depend on the complexity of your injuries and accident and the nature of the evidence to be obtained.
It is common for work injury damages claims to be commenced within 6 months from the time of finalising your workers compensation lump sum claim and a compulsory Personal Injury Commission Mediation conducted within 4 months of lodgment of the claim. Within this period Law Works will ensure all relevant evidence is obtained. If the claim does not resolve at mediation then Court proceedings will be commenced and the claim would finalise within 6 to 9 months of filing in Court.
Law Works have a no win-no fee guarantee which means that you do not have to pay our legal fees unless you win your work injury damages claim. We will not ask you to pay any upfront costs in relation to your claim. At the finalisation of your claim and if your claim is successful, the defendant will make a contribution towards your legal costs and the balance is payable from any settlement or judgment amount.
Law Works provide a fixed fee agreement in work injury damages claims. You will know exactly what our fees are at every step of your claim. Contact us today to find out more.
Yes. The process and pre-requisite requirements of making a work injury damages claim are complex, the gathering of medical and liability evidence is costly and calculation of damages in accordance with the legislative requirements is intricate.
Workers compensation insurers will not advise you of your full entitlements and are likely to make significantly lower offers of settlement as opposed to when your claim is settled with the assistance of a lawyer, such as one of our Principals at Law Works.
For example, a workers compensation insurer may make a modest allowance for future economic loss on the basis that you may return to work without obtaining the relevant evidence. An insurer will also request that a Deed be signed to prohibit you from making any future claim.
We are compensation law and personal injury law specialists. We have an Accredited Specialist in Personal Injury Law. We have long experience in dealing with defendants, workers compensation insurers and their lawyers and obtaining a fair and reasonable settlement for your injuries sustained.
Law Works will be able to obtain the necessary expert and medical evidence required to fully claim the maximum amount of damages for your economic losses in your work injury damages claim.