Compensation claims for injured migrants and visa holders

Can you claim compensation if you suffer an injury while you are on a temporary visa? The answer is yes. You have the same rights to claim compensation as an Australian Citizen or Permeant resident would have. In fact, your visa status is irrelevant.


This means that if you suffer injury at work, you can claim compensation.


If you are in a car accident and it was someone else’s fault, you are entitled to seek damages. We are expert car accident lawyers and can help you on a no win-no fee basis.


You have rights to seek compensation even if you are working for Uber Eats, Menulog, Deliveroo, DoorDash or any of the other food delivery or ride sharing companies. 


Case example: car accident compensation for Brazilian Uber Eats motorcyclist


Our client was an international student from Brazil. 


He had first arrived to Australia a few weeks before his accident happened. 


He owned a motorbike, and he was working for both Uber Eats and Menu Log, delivering food. 


One evening, he collided with a car at a intersection.


Due to the accident, our client was unable to work for a few weeks. Thereafter, he returned to work and to his studies. 


During our investigations we determined that our client was not at fault. The accident was caused by the other driver.


In this instance, we advised our client that there was a possibility to settle the matter early at minimal expense. Our client agreed and instructed us not to obtain expensive specialist reports, because in his case the reports would not have increased the value of the claim. 


We were able to negotiate a very favourable settlement amount over the phone, without having to file court proceedings. 


The chart below shows that our client was able to keep approximately 86% of the total settlement amount. This was solely due to the strategy that we adopted; namely that the matter should be resolved early at minimal expense to both parties.


Better still: the settlement amount is tax free.


You can also see that not only did we avoid the cost of an expensive medical specialist, but our client also did not incur any other out of pocket costs, such as postage or printing.  Our costs were nil.



Can I stay in Australia until my compensation claim settles?

You must hold a valid visa to stay in Australia. The fact that you have an ongoing compensation claim doesn’t mean you can automatically get a visa extension.


If your visa is about to expire, we can advise you about your options. 


I can’t go to my classes due to my injuries: will my visa be cancelled?

If you hold a student visa and don’t attend classes or don’t enrol in your program, you face the risk of having your visa cancelled.


We are able to assist with visa cancellation issues but contact us as soon as there is a risk of cancellation.

Free book offer: what to expect in your injury claim

Many firms try to rush you to sign up with them without carefully considering your options. We encourage you to first learn about your personal injury claim. You should ask yourself:


  • How do you calculate your compensation amount?
  • How should you choose your lawyer? Do you just choose by firm name regardless of who is really in charge of your matter? Has your lawyer ever argued a case in court?
  • What is a no win – no fee agreement? How much will it cost? 

Our book is available to you free of charge. You don’t have to be a client to receive this book. Head to the order page and we will be happy to send you a copy straight away.

Oszkar Denes Seven Deadly Sins that can wreck your personal injury claim

25% cap on legal costs

In all of our personal injury compensation matters, we act on a  No Win – No Fee basis. What that means is, there’s no upfront cost to you.


In Queensland, most compensation firms will charge you 50% of your compensation amount – the maximum allowed at law. This is very expensive. Our fee is different. We will cap our fee at 25% if we don’t have to file a claim in court. If we have to file a claim in court, then the cap is 33%.  Remember also, these are the maximum fees we will charge. If our fee in your claim is less, then we charge the lesser amount.


Before you engage us, we will provide you a written Disclosure Notice and a Client Service Agreement. These documents set out in detail the service we provide, as well as our fees and outlays. Before you sign anything, you can take these documents home with you, and study them with your family. You can take as long as you need, there is never any pressure from us. If anything in these documents doesn’t make sense to you, we can discuss it with you and you are free to ask another lawyer to give you advice.  And remember, no win – no fee agreements come with a 5 day cooling off period for extra peace of mind.