按照法律規定,車禍事故中的受傷人員有權獲得法定權益福利。

這些福利可以是收入補助金、醫療費用和/或康復期間的職業規劃等。

您可能是臨時工,承包商,間歇性收入者,或者是學生或學徒。根據法律,無論您的收入狀況如何,您都有權享受這些福利。

Y女士是一名臨時合約清潔工,一天她在過馬路時被車子撞傷。

剛開始的時候,她的CTP保險公司很友善,願意付給她幾週的工資。但是,有一天,她的保險公司覺得她有“工作能力”,所以在Y女士仍在康復治療期間停止了所有工資和醫療付款。

可是,Y女士認爲自己在生理和心理上還沒具備回到工作的能力。

保險公司所謂的“收入能力”不是指您實際掙多少錢,而是保險公司認為您有能力工作多少小時。當然,保險公司會通過手段向您的醫療人員施加壓力,從而促使您重返工作崗位。因此委托一位合資格的律師代表你,將有效爲你爭取合理利益!

後來,Y女士向我們尋求幫助,在我們的專業幫助下,Y女士再次被保險公司承認沒有收入能力,並補發她的工資。

但是請注意,如果符合以下條件,您的收入補助金將會在六個月後終止:

  • 您是過錯方或
  • 您的傷害被評定為“輕微”傷害(根據法律規定)。

如果您沒有過錯並且受到非輕微傷害(身體或心理上),只要你沒有工作能力,你可在意外後2年内繼續獲得保險公司的收入補助金。

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An injured person in a motor vehicle accident is entitled to statutory benefits. These benefits can be income support payments, medical expenses and/or vocational rehabilitation programs while you recover.

You may be a casual worker, contractor, earning intermittently, a student or an apprentice. By law, you are entitled to these benefits regardless of your earning situation.

Ms Y was a casual cleaner. One day when she was hit by a car while crossing the road.

Her CTP insurer had paid her a few weeks of wages. However, one day her insurer decided to declare that she had ‘earning capacity’ and stopped all her payments.

However Ms Y was still suffering from her injuries. She was clearly not ready to work.

Earning Capacity does not refer to how much you were actually earning, but how many hours your insurer think you are capable of earning. It is not surprising to see that insurers are very eager to push you back to work by pressuring you and your treatment providers.

Ms Y came to us to seek help and with our diligent support, the insurer had to determine Ms Y as having no earning capacity and her wage payments were resumed by the insurer.

However, please note that after six months your income support payments will end if:

  • you were at fault / most at fault or
  • your injuries are assessed as ‘minor’ (as defined in the legislation).

If you are not at fault and suffering from a not-a-minor injury (physical OR psychological), you will continue to receive income payments for two years on the condition that you have an ongoing loss of earning capacity.

Contact us today for a FREE consultation on your CTP claim!

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