Can I Claim Compensation if I’m Injured on a Public Train in NSW?

The rail network offers freedom of movement for thousands of commuters every day. It’s a practical system, and yet there are all sorts of injuries that can happen when using a train. Falling into the gap between train and platform, toppling over due to a sudden halt are all circumstances where you can get hurt while travelling by train. These types of injuries often significantly impact people over the age of 60, but a train accident can happen to anyone.

If you’re injured on a train, light rail, metro, or tram, then you may be eligible for compensation. A train accident compensation claim could cover your lost wages if you have to take time off work, as well as cover your medical expenses and care costs. If your injuries are serious, you may even be eligible for a lump sum payment.

Can I make a train accident claim?

If you’ve been injured on a train, then you’re likely entitled to compensation. There are several types of claim you may be able to make, which will depend on your personal circumstances. For example:

Compulsory third party (CTP) insurance is a policy that covers any personal injury caused by a vehicle. If you fall down the stairs on a train, get caught in the doors, are knocked by a train coming into a platform, or suffer any injury as a direct result of a train itself, then you’re likely eligible for a CTP claim, which will cover any lost income you suffer, as well as medical and treatment costs. If you’re injured on the property of a public transport station, then you’ll likely be eligible for a public liability claim. For any claim type, you may even be able to access a lump sum payment for pain and suffering, or whole person impairment.

You have 28 days to report an injury or incident to the police if they haven’t already attended the scene. They’ll create a police report which you’ll need to lodge your claim. You then have three years to lodge a train accident compensation claim. Making a claim within this period can make the claims process smoother and easier to navigate, however there is often some flexibility about the timeline.

If you’re unsure about what claim type is most appropriate, or you don’t know where to start, Law Partners has a team of dedicated motor vehicle injury lawyers who’ll be able to give you the best advice. You can contact us now for personalised information about your situation, free of charge, and without locking you in to anything. For more information, see our public transport accident claims guide.

What kind of injuries can I claim for?

Unfortunately, there are many types of injuries that can be caused by trains, trams, or light rail vehicles. Sudden stops can destablise passengers and cause you to stumble or fall, which can lead to common injuries like cuts, breaks and tears. There are risks for pedestrians as well, like being knocked by a train coming into a station, slipping on a dangerous area on a platform, or even falling onto the tracks. If there is some form of negligence then it can impact what you’re eligible to claim, like if carriages are overcrowded or platforms are poorly maintained.

Not all injuries are physical, and the impacts of a psychological injury can be just as significant. If you witness a train incident that causes you trauma then you may develop a psychological injury like PTSD, depression, or anxiety. In these circumstances you’re likely eligible to make a train accident compensation claim.

How much compensation am I entitled to?

In the 12 months between June 2022 and 2023, the average lump sum payment for CTP claims was $97,760*. If you’d like to know how much you may be entitled to claim, you can try our CTP calculator here. Any benefits you may be entitled to will be paid out by the at fault party’s insurer. It’s in their best interests to pay you as little as possible, and they may not approve your claim. You don’t have to accept what an insurer offers you, and if they deny your claim, you’re allowed to appeal it. In these instances, having a specialised motor vehicle accident lawyer on your side will give you the best chance of making a successful claim or appeal.

You can claim for:

• Pain and Suffering
• Medical expenses
• Travel costs
• Income loss
• Case and assistance costs
• Loss of superannuation entitlements
• Future losses

The compensation you’re entitled to will vary based on your personal circumstances and will be influenced by the extent of your injury, the impact on your life, contributing factors, and what your capacity for work in the future is. Lump sum payments for public transport injuries can be substantial, so contacting a specialist compensation lawyer will give you the best chance of making a successful train accident compensation claim.

*Based on SIRA Open Data, July 2023

What do I have to do to prepare my claim?

To make a train accident compensation claim you’ll need the police report and as many details as possible about how the event occurred, like time, date, location, other people around, travel route, etc. You’ll also need to see a doctor, who will review your injuries and determine the impact of the incident on your health. You can then lodge your train accident compensation claim.

Can I make a tram accident claim?

Trains, trams, metro, and light rail vehicles are all subject to the same accident compensation claim regulations, which means if you’re injured by any of these types of transport, you’re likely eligible to make a claim. Tram injuries are on the rise across Australia, with the most common injuries caused by collisions with other vehicles. There’s also been an increase in slips, trips, and falls of passengers on trams, as well as tram collisions with pedestrians, which might be due to an increased use of headphones and mobile phones distracting pedestrians*.

If you’re involved in any kind of accident and want to know if you’re able to make a claim, get in touch with us today to access free, specialist advice about your situation. At Law Partners we win over 99% of our cases, and we’ll get to know you personally to make sure you get the best possible outcome, including any lump sums you may be entitled to.

*The Age

If you’re injured by a train, tram, metro, or light rail vehicle then you may be entitled to compensation. Accidents can happen, but if they do, knowing that you’re protected can make a world of difference, and can allow you to recover on your terms. If you’ve been injured, then lodging a claim or appealing an insurer’s decision can be an overwhelming and stressful experience. At Law Partners, we know that every case is unique. We’re experts in handling motor vehicle compensation claims and we win over 99% of our cases.  If you’d like to know more, or get some personalised advice about your claim, contact us today for a confidential, free consultation.

Tanja Maksimovic

Managing Solicitor

An accredited specialist in personal injury law, backed by over 10 years’ experience in assisting injured Australians receive everything they’re entitled to with their motor accident claim.