Although we usually talk about health issues pertaining to the United States, some of our Australian visitors have expressed a concern that they wanted to address. They wanted to learn more about how to deal with knee injuries.
Knee injuries are very common health issues in Australia that The Lancet reports affect around 60 out of over 100,000 people every year. If you have a knee injury, it is not only important to know how to treat it, but also whether you can get compensation if someone else was at fault.
In Queensland, knee injury compensation claims are possible in circumstances like car accidents, work-related incidents, and medical negligence.
This is provided you seek knee injury compensation awards within three years of the date on which the knee injury occurred. You also need to make sure that you quantify your injury to make sure you get the best coverage.
Am I eligible to make a knee injury compensation claim?
Knee injury claims, including more serious injuries, fall under personal injury claims.
If you have suffered a knee injury that requires medical treatment due to someone else’s negligence, you may be entitled to a knee injury compensation claim.
For instance, if you were working in unsafe or negligent conditions.
This could even be a lump sum payment.
If you are suffering whole person impairment your personal injury lawyer can help you make TPD claims as well.
Your personal injury claim can include medical expenses, future medical expenses, lost wages, future economic loss, legal costs, rehabilitation costs, and pain and suffering.
You can put in a workers compensation claim for a knee injury, but only if it limits your ability to carry out your duties, or prevents you from working completely.
The Queensland workers’ compensation insurance scheme also entitles you to institute legal action against your employer if you feel they contributed to your knee injury case through negligence.
This is over and above your right to claim workers compensation if you suffered a knee injury at work, and is known as a common law claim.
What are the common causes of knee injuries?
Workplace accidents, slips and falls, and motor vehicle accidents are responsible for many common knee injuries.
What are the common types of knee injuries?
Some common knee injuries are:
- Patella femoral pain syndrome
- Anterior cruciate ligament strain
- Other knee ligament injuries
- Torn meniscus
- Tendon tears
- Knee pain
- Knee cap damage
- Knee joint injuries
How much compensation could I claim for a knee injury?
A knee injury is a kind of personal injury. Every personal injury claim is carefully examined according to its circumstances, to determine a fair compensation amount.
Each knee injury claim considers individual circumstances making every claim different. However, all knee injury compensation claims have common features.
The amount of compensation depends on the nature of your knee injury, rehabilitation costs, pain and suffering, and medical expenses incurred.
Permanent impairment, and severe knee injuries, like those that require reconstructive surgery, as well as ongoing knee pain warrant more compensation and may open the door to TPD claims.
These can be in the form of weekly payments or lump sum compensation.
What evidence would I need to support a knee injury claim?
You will need the following evidence to support your knee injury claim:
- Medical reports.
- Medical bills, and proof of lost wages.
- Pictures of your injured knee, like CT scans, X-rays and MRIs, especially if it is a serious knee injury.
- Details of circumstances surrounding your injury. For example, details of how the work-relatedinjury occurred, and whether a motor vehicle accident, fall in a public place, or workplace accident occurred.
- Proof of who was at fault to claim compensation for a knee injury, especially where severe knee injuries have occurred.
Are there any time limits associated with making a knee injury compensation claim?
Knee injury compensation claims must be lodged in court before three years from the date the motor vehicle accident, or work-related knee injury has passed.
Failing to institute legal action for a leg injury compensation claim within three years of the accident means you cannot claim compensation.
An injured worker in Queensland has six months from the date of the work related knee injuries to lodge their WorkCover claim.
What process do I need to go through to make a knee injury compensation claim?
To ensure a successful claim, follow these steps when claiming compensation for a knee injury.
- Initial consultation:
You will discuss medical bills and circumstances of your knee injury, car accident, and more, with your personal injury solicitors during your first consultation. - Investigation:
Your personal injury solicitors will begin an investigation surrounding the circumstances of your knee injury, like due diligence of medical reports of damage to knee bones. - Treatment:
Follow your doctor’s prescribed treatment to know if you will reach full recovery. You need to know what the maximum medical improvement will be before deciding on the knee injury claim amount. - Demand package:
This tells the story of your knee injury claim including how the accident happened, the theory of liability, and the settlement demand. - Negotiations:
After they have reviewed the demand package, the defendant usually responds with a settlement offer which could be a lump sum payment or a series of weekly payments. - Settlement:
The settlement terms will be detailed in a settlement agreement, like whether a lump sum payment or several weekly payments should be made. This agreement will be prepared by your compensation lawyers. - Litigation:
If a settlement agreement cannot be reached, you may have to get your personal injury lawyers to lodge a lawsuit.
Do I need a compensation lawyer to help me lodge my claim?
In Queensland, you are not legally required to hire compensation lawyers to put in knee injury claims.
You are entitled to institute your claim alone, which is simple enough with an online claim form.
However, we do advise that you retain personal injury lawyers, especially for more serious knee injuries, who can advise you on the average compensation payout for knee injuries.
This is especially important when you are suffering from a severe knee injury.
Some personal injury lawyers offer a “no win, no fee” agreement. They can help you get the maximum amount possible when claiming compensation. This goes a long way in providing some peace of mind in an already difficult situation.
