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Travel accidents · International students

Studying in Queensland and Injured? Your Visa Does Not Limit Your Rights

Queensland law applies to an injury here, whatever your visa. Your OSHC helps pay for doctors and hospital, and a claim against whoever was responsible can cover what it doesn’t.

Departures

Time limits · Queensland law

  • 9 MTH Notice of claim · Hurt on campus, at home or in public Gate A Final call
  • 6 MTH WorkCover claim · Hurt at work Gate B Final call
  • 9 MTH CTP notice · Hurt on the road Gate C Final call
  • 3 YRS Court action · All three Gate ALL On time

The notice of claim is due within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. The CTP notice is due within 9 months of the crash (or of first symptoms, if later), or 1 month after you first consult a lawyer about a possible claim, whichever comes first; if the vehicle can’t be identified, within 3 months. Leaving Australia doesn’t pause any of these time limits.

Which rules apply

Three gates. How you were hurt decides which one is yours.

Gate A · On campus or where you live

Queensland negligence law

Who it covers

Your education provider, homestay host or landlord, or a business or public place.

  • A claim against whoever didn’t take reasonable care.
  • Notice of claim within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first.
Court action, from the date of the injury.3 YRS
Gate B · At work

WorkCover Queensland

Who it covers

A casual or part-time job while you study.

  • Lodge a WorkCover claim within 6 months.
  • If your employer was negligent, a damages claim may follow.
To lodge the WorkCover claim.6 MTH
Gate C · On the road

CTP insurance

Who it covers

As a pedestrian, cyclist, passenger or driver.

  • A claim against the at-fault vehicle’s CTP insurer.
  • Notice to the CTP insurer within 9 months of the crash (or of first symptoms, if later), or 1 month after you first consult a lawyer about a possible claim, whichever comes first. If the vehicle can’t be identified, notice is due within 3 months, and the claim is lost after 9 months.
Court action, from the date of the crash.3 YRS

Connections

Who can be responsible.

It depends on where you were hurt. We work out who to claim against, and which scheme pays.

  1. Your education providerFor injuries on campus, on excursions, or on a placement it arranged. ON CAMPUS
  2. A homestay host or accommodation providerFor hazards in the home or building where you live. WHERE YOU LIVE
  3. Your employerFor injuries in a casual or part-time job, through WorkCover. AT WORK
  4. A driverFor road crashes, through the at-fault vehicle’s CTP insurer. ON THE ROAD

How it happened

Where student injuries happen.

Most international student claims start in one of these places.

  • On campus

    Falls in walkways, labs and sports areas, and injuries on excursions.

  • At a casual job

    Burns, strains and falls in hospitality, retail or delivery work.

  • On the road

    As a pedestrian, cyclist, rider or passenger.

  • Where you live

    Faulty stairs, wiring or fittings in homestay or student housing.

  • Out and about

    Falls in shops, restaurants, gyms and public places.

Check-in

Four things to do straight away.

  1. Report itTo your education provider, homestay host or employer, in writing, the same day.
  2. Get checkedSee a doctor. Your OSHC helps pay for doctor and hospital visits.
  3. Take photosThe spot, the hazard, and your injury.
  4. Keep your recordsMedical bills, receipts, pay slips, and names of anyone who saw it.

Baggage claim

What you can claim.

Queensland’s Civil Liability Act 2003 sets how damages are assessed.

  • Medical, hospital and rehabilitation costs
  • Past and future lost income
  • Pain and suffering
  • Care and help at home
  • Other out-of-pocket costs

Now boarding

How we run your claim.

In order, from the first call to court if it’s needed.

  1. 1

    No-obligation first consultation

    We work out which law applies, who to claim against, and when your time runs out.
  2. 2

    Notice and evidence

    We put the other side on notice, and ask for incident reports, CCTV and records before they’re lost.
  3. 3

    Medical evidence

    Reports from your treating doctors, here or overseas, and an independent specialist.
  4. 4

    Negotiation

    With the insurers, once your injury has settled enough to value.
  5. 5

    Court action, in time

    If the claim hasn’t resolved, proceedings start before the time limit.

Costs

What it costs you.

No win, no fee*

If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

  • No-obligation first consultation

    You decide whether to go ahead once you know your options and the likely costs.

  • Everything in writing

    Fees and outlays are set out in a costs agreement before we start.

  • Capped at 50%

    Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)

Information desk

Straight answers.

Yes. Queensland law applies to an injury here, whatever your visa.

Guides that go further.

Hurt while studying in Queensland?

Notice can be due within months. Talk to a lawyer now. There’s no obligation to go ahead.

General information only, not legal advice about your situation. No win, no fee*: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.