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Topic
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In regards to an insurance claim for a trip and fall injury on common property due to strata works , it appears that insurance does not cover:
Non-economic loss – Any pain or suffering endured arising from accident and whilst bed ridden allowing the broken bone to heal. Medidical advice on pain medication restricted medication to 8 tablets a day (2 tablets every 6 hours) but that left frequent periods when pain medication was not working. Missing out on overseas travel experiences with other family members to a country never visited previously.
Medical Expenses – whilst the cost of actual medical advice is covered – transport ($ per km based on engine size?) and parking costs needed to attend the various medical appointments does not appear covered
Economic Loss – Increased living costs such as take away meals, use of all leave benefits (sick leave, annual leave, long service leave – recouping payouts does not restore those balances but means the injured needs to re-start accumulating benefits.)
Domestic Assistance- Provision of family support and care in providing medicine, meals, helping with ablutions, showering & transport to and from medical appointments, various other personal care and household chores.
ETC.
Does this mean a separate legal action needs to be instigated against owners corporation to pursue difference between compensation from what insurance is providing?
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There is a persistent myth in strata that the scheme is not liable for events not covered by strata insurance. Owners have to look at this another way; they have chosen a policy, probably cheaper, with defined coverage. Which mean that they are only covered for their statutory liabilities and up to the amount the policy allows. If the claims are greater than the agreed benefits, and the injured party successfully sues for damages, then the scheme has to find that money from its existing funds or additional levies.
This is a case you might take to a medical claims specialist lawyer or, preferably, reach an amicable agreement with the owners corporation and save both sides legal costs. So yes, you would have to initiate a separate action against the scheme if you thought you had been unreasonably inadequately compensated.
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I’m sorry to hear about your accident.
The loss of your travel experience – presumably you had travel insurance so you should be able to go down that path for compensation for loss of airfares, deposits and so on.
But as Jimmy has said, you’ll need to talk to a lawyer about what is considered reasonable when claiming costs from others for an accident. I assume some of the advice will be based on whether the OC was incompentent in some way (eg. not repairing a path that it knew was in poor condition) or whether the accident occured due to bad luck. You don’t need to share those details here, but it’s definitely worth talking to a qualified lawyer who has followed similar cases through to a resolution.