Anatomy of the shoulder.

One of the most complex joints in the body, the shoulder provides nearly 360 degrees of motion. This high range of motion is, however, offset by the decreased stability of the joint which is prone to dislocation and traumatic injury.

Anatomy of the neck, spine, back and spinal cord.

In possibly the first historical mention of the spine and the spinal cord, Herophilus (325–260 BC), a Hippocratic physician working in the Alexandrian School of Medicine demonstrated that the cord was an extension of the hind brain and named it the ‘spinal cord’. Around 160 AD, while working as a physician for the Roman emperor Marcus Aurelius, Galen completed dissections and vivisection's that enabled the anatomical details of the vertebral column, spinal cord and nerve roots to be recorded. Galen described the cord as being like “a river rising from its source, extended from the brain, continuously sending forth a nerve channel to each of the parts that it meets, through which both sensation and motion are conveyed”.

Rear end car accident injuries – background.

Disturbingly in 2019 and 2020 motor vehicle accident compensation claims in Western Australia increased when compared to the previous seven years. This increase is in contrast to the long term trend which has seen the number of road accident related personal injury claims decrease gradually over time. Anecdotally, the recent increase in these compensation claims can be attributed to growing traffic congestion, increasingly distracted drivers, drink and drug driving and time poor road users who speed in an effort to get to their destination. Not surprisingly, the recent increase in road accident related personal injury compensation claims has also increased demand for the services of expert plaintiff injury lawyers. These injury lawyers assist victims who have been injured in road accidents to claim compensation for their damages.      

Post-traumatic stress disorder – background.

Humans have been exposed to traumatic events throughout our evolution as a species. Unfortunately, the evolutionary process has not improved our ability to cope psychologically with exposure to extremely traumatic events. Here, it is fair to say that an attack from a sabre tooth tiger or being a first responder in a catastrophic car crash can elicit similar physical and psychological responses.   

During the First World War ‘shell shock’ became a significant medical and military issue and one that both the Axis and Allied armies struggled to treat. The British army, frustrated by the debilitating symptoms of shell shock, appointed Charles S. Myers, a medically trained psychologist to investigate the psychiatric impact of modern warfare. It has been argued that this early research was a precursor to the later development of post-traumatic stress disorder (“PTSD”) as a recognised psychiatric diagnoses.

Growth of commercial vehicles on Western Australian roads.  

Western Australia's coastline stretches for over 12,000 kilometers and Perth's metropolitan area is over 120 kilometers end to end, making it one of the longest cities in the world. Not surprisingly to travel around these area's requires many kilometers of roads and many motor vehicles. The Australian Bureau of Statistics reported that in 2018 Western Australian drivers traveled over 27,401 billion kilometers. 

To move people and freight around Perth and Western Australia more and more commercial vehicles are being used. The Australian Bureau of Statistics has confirmed that in the last decade the use of road freight has increased, year on year, in all states across Australia. In recent years, Western Australian's have also enthusiastically embraced ride sharing services like Uber, Ola and Shofer. Traditional taxi's are also still regularly used by many Western Australian's and the Department of Transport has recently introduced the Transport (Road Passenger Services) Act 2018 in an effort to make the on demand transport industry safer, fairer and simpler for consumers to use.          

Given that there are increasing numbers of commercial vehicles on Western Australian roads and that these vehicles are travelling comparatively long distances, it is not surprising that problems associated with road congestion and driver fatigue are increasing.  

The West Australian Department of Mines, Industry Regulation and Safety's regulations on operating commercial vehicles provide very clear requirements for what lengths of time workers are allowed to drive and how often they must take breaks. Notwithstanding our generally good road and motor vehicle regulations and standards, accidents involving commercial vehicles are commonplace.          

Public transportation in Western Australia. 

Public transportation began in Western Australia in 1831 with a very basic ferry service, however, this service was short lived. In 1836 the first reliable ferry service between Perth and Fremantle was established. On 1 July 2003 the Public Transport Authority Act 2003 was introduced and the Public Transport Authority ("PTA") was formed to manage the delivery of public transport in Western Australia.

During the 2017 / 2018 financial year the PTA spent $1.470 billion on delivering metropolitan and regional bus, train, ferry and freight services and regional school bus services. These services were used over 139 million times during the period.    

Motor vehicle injury compensation - how does the system work?

The Insurance Commission of Western Australia ("ICWA") administers the Compulsory Third Party ("CTP") motor vehicle insurance scheme in Western Australia. In 2018 ICWA generated more than $1.5 billion in revenue and earnings and paid $391 million in compensation payments to people injured in motor vehicle accidents.

 When a negligent motor vehicle driver injures another driver, passenger, cyclist or pedestrian the injured person is able to make a claim for personal injury compensation. When ICWA receives an application for compensation it assess the claim and then makes a decision regarding liability. If ICWA accepts liability for the accident and the injuries caused, it indemnifies or takes the place of the negligent driver in legal proceedings that seek compensation for the claimant. Put simply ICWA becomes the defendant in these proceedings and the injured person or plaintiff is then able to sue ICWA for damages under the CTP scheme.           

Injured in a motor vehicle accident at work? Do you claim workers' compensation or road accident compensation?

This seems like a straight forward question. If you have a motor vehicle accident injury while you are at work most of us would assume that your employer is required to assist and that you would just lodge a workers' compensation claim. Unfortunately it is not always that simple and how you proceed can depend on a number of legal factors such as: your employment contract, whether you are self employed, your relationship with your employer and whether the accident was caused by another road users' negligent driving.

Given this information you need to decide whether you should you make:

• A workers' compensation claim;
• A road accident compensation claim against the negligent driver involving the Insurance Commission of Western Australia; or
• Proceed with both claims?  

Before making any decisions regarding how you might claim compensation in these circumstances it is vital that you obtain legal advice from a specialist personal injury lawyer to ensure that you claim for ALL the compensation you are entitled to receive.

Catastrophic car accident injury claims in Western Australia.

In August 2011, the Commonwealth Government's Productivity Commission recommended that no-fault compulsory third party vehicle insurance cover be introduced to all States and Territories. Research at the time argued that people catastrophically injured in car accidents secured materially better health outcomes when they were provided with medical treatment and rehabilitation as soon after their car crash as possible. It was thought that by removing the requirement for catastrophically injured claimants to establish that another vehicle driver was at fault would help to reduce legal disputes and allow catastrophically injured road users earlier access to treatment.

In early 2014, the Government of Western Australia released a Green Paper which asked motorists whether the motor injury insurance scheme should be expanded to cover catastrophically injured claimants on a no-fault basis. The West Australian community strongly supported the proposal to provide all catastrophically injured road users with lifetime treatment and care.       

In 2016, the Motor Vehicle (Catastrophic Injuries) Act 2016 and the Motor Vehicle (Catastrophic Injuries) Regulations 2016 ("the Regulations") were enacted and the West Australian Catastrophic Injuries Support scheme was established.

Car accident injury compensation - who can claim?

It is possible to make a road accident compensation claim with the Insurance Commission of Western Australia if: 

• you were not at fault or only partly at fault for causing a road accident and associated injury; and
  
• you were a driver, passenger, pedestrian or cyclist and were injured in the accident; or     
• if you were financially dependent on a close relative or de-facto fatally injured in a road accident.         

Unless you make a dependency claim in relation to a road fatality it is not otherwise possible to make a road accident compensation claim unless you suffered a physical or mental injury.