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I was violently attacked and an attempt was made on my life…

Customer Question
I was violently attacked...

I was violently attacked and an attempt was made on my life while working at my owner builder renovations. The result ended up in a major struggle and the room where it happened ended up looking like a murder scene. (Nobody died) I know struggle woth extreme anxiety and I have been diagnosed with ptsd. I have only returned to the house twice since it happened (on the 20th of December) and only briefly , as returning to the scene of the crime is very traumatising for me. I applied for income protection but it was regected under the basis that they don’t cover claims for mental conditions.

Lawyer's Assistant: Have murder charges been filed? If so, when is the next court date?

No murder charges. No one was killed. He ran away after he started to lose the fight that ensured when he attacked me. The case is ongoing. Forensic police and detectives are involved

Lawyer's Assistant: In what state did the murder occur?

Western Australia. No murder!?! No one was murdered

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that know of

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/19/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon,

if this has not been reported to the police, and no one has been charged, and I suggest you do ASAP and hopefully there is enough evidence and photos to support your allegations.

If this has been reported and the police have charged the assailant, then you may have an action for victims compensation under the victims compensation scheme in Western Australia.

Here is a link that explains the process and the time limits.

http://www.victimsofcrime.wa.gov.au/C/compensation.aspx?uid=3542-7081-1005-4641

You are entitled to make a claim.

If you have insurance under your superannuation fund you may also be able to claim against that if it is a permanent disability.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Hi LeonYes, the police are most definitely involved. I am actually left out of the loop a lot with what has happened. The assailant now has a VRO against him and victims of crime are in constant contact with me.My income protection which I purchased exclusively for my renovations of my property are the insurance company denying my claim. I have been reading quite a few case verdicts and it seems that the insurance company loses every time.I have been advised that the effects could be permanent to my mental health by professionals. I will still have a lot of work to rewire my brain back to a satisfactory state. I have never experienced or been involved with anything like this so I’m unsure how long this will go on for. The basic information I have gathered so far is as follows.As This condition is not pre-existing nor is it derived from common occurrences and steems from a violent assault what has occurred is discrimination and they have acted unlawfully and unjust. I will need to contact beyond blue, Public Interest Advocacy Centre (PIAC), the Mental Health Australia organisation.At least two pieces of legislation, the Commonwealth's Disability Discrimination Act 1991 and Victoria's Equal Opportunity Act 2010, make it illegal to discriminate on the basis of a disability, including mental illness, when providing goods or services.A insurance company may Only discriminate if it has actuarial or statistical data showing that the discrimination is based on a greater level of risk. "Under the relevant anti-discrimination legislation, insurers can only discriminate if it is reasonable to do so, taking into account reasonable actuarial and statistical data and other relevant factors,"’ VLA civil lawyer Greg Buchhorn’f. Seeing as this was not pre existing and was caused by dramatic, life altering occurrence then I see that they are unable To substantiate this clause.Am I on the right path so far? I will continue my research
Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

You have to look at the Product Disclosure Statement and see what is covered before you take them to the ombudsman or court.

If the policy covers mental health then you have an excellent case.

It is what you have bought and what it covers that is the issue here.

The wording of the policy is very important.

I hope this is clearer.

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