If you’ve suffered an elbow injury due to a workplace accident, motor vehicle collision, or a public liability incident, you may be entitled to elbow injury compensation. Navigating the complexities of elbow injury claims can be challenging, but with the assistance of an experienced elbow injury lawyer, you can better understand your rights and the compensation you may be eligible for.
Whether it’s a minor strain or a severe fracture, making an elbow injury claim can help cover medical expenses, lost wages, and other associated costs. Our experienced team of personal injury lawyers can provide clarity on the claims process and ensure you receive the support needed during your recovery. Read on to see what you could claim after suffering an elbow injury.
According to Safe Work Australia, elbow injuries account for approximately 10% of all upper limb injuries. These types of injuries can significantly impact your ability to work and carry out daily tasks. Whether your injury occurred at work, in a public place, or due to a motor vehicle accident, you may be entitled to elbow injury compensation. A skilled elbow injury lawyer can help you understand your rights and guide you through the elbow injury claims process to ensure you receive the benefits you deserve.
Common Situations That Lead to Elbow Injury Claims
There are various incidents that may lead to an elbow injury and potentially make you eligible for an elbow injury compensation claim. Some of the most common situations that result in successful elbow injury claims include:
- Accidents at work
- Elbow injury caused by a motor vehicle accident
- Repetitive Strain Injury (RSI) due to your occupation
- Falls caused by poorly maintained roads and walkways
- Sloppy flooring that leads to slip and fall
Tennis Elbow and Your Right to Make an Elbow Injury Claim
Tennis elbow is one of the most common types of overuse injuries, often resulting from repetitive wrist and forearm movements. Although it was first identified in tennis players due to the repetitive motion of gripping and swinging a racquet, the condition affects far more than just athletes. Tradespeople such as construction workers, painters, plumbers, butchers, and carpenters frequently develop tennis elbow as a result of their daily work activities. If your condition is work-related, you may be entitled to elbow injury compensation through a tennis elbow injury claim. Speaking with an experienced elbow injury lawyer can help determine your eligibility and guide you through the claims process.
Am I Eligible for Elbow Injury Compensation?
If you have sustained an elbow injury in the course of your employment, you may be eligible to lodge an elbow injury claim under the Workers Compensation scheme. Whether your injury occurred suddenly or developed over time due to repetitive tasks, you could be entitled to elbow injury compensation to cover medical expenses, lost income, and rehabilitation support. An experienced elbow injury lawyer can assess your situation and help you understand your rights under NSW workers compensation laws. Contact our workers compensation lawyers today for a free claim assessment to find out if you are eligible to claim.
What Can I Claim for an Elbow Injury?
- ✅ Medical expenses – eg. medical treatments, physiotherapy, surgery, nursine, medication and any other reasonable and necessary medical expenses
- ✅ Wages – based on your income before the injury and capacity to to work
- ✅ Domestic assistance – if your whole person impairment meets the 15% personal impairment threshold
- ✅ Lump sum payment – if your whole person impairment meets the 11%; the threshold is greater than 0% for exempt workers
- ✅ Common law – if your injuries are assessed greater than 15% and your employer was negligent
Elbow injuries could also occur due to motor vehicle accidents such as car, truck, forklift and even as a pedestrian. You can find out more information on our Motor Vehicle Accident Claim page.
If you suffered an elbow injury in a public or private property because of the occupier’s negligence, you may be entitled to claim Public Liability compensation. You can find out more information on our Public Liability page.
How Can I Make an Elbow Injury Claim?
If you’ve suffered an elbow injury at work or due to someone else’s negligence, it’s important to begin the elbow injury compensation process as soon as possible. Lodging a workers compensation claim promptly can improve your chances of a successful outcome. Here are the general steps involved:
📞 Step 1:
Report the injury as soon as possible to your employer.
🏥 Step 2:
Seek medical treatment from your GP and request they complete the Certificate of Capacity. This certificate requires your practitioner’s opinion on the injury and whether it is work-related or not.
📝 Step 3:
Complete a Work Injury Claim Form as soon as possible and send it along with the completed Certificate of Capacity to your employer who should send it to their workers compensation insurer within 48 hours. The insurer will then be in contact with you about whether they will accept liability or not.
Whether your claim has been accepted or denied by the insurer, it’s crucial to understand your rights. Contact our office for a free claim assessment to ensure you’re not missing out on any elbow injury compensation entitlements and that you’re following the correct claims procedure. Speaking with an experienced elbow injury lawyer can make all the difference in securing the benefits you deserve. Call us on 1800 952 898 or fill out our contact form today.
What Are the Time Limits for Elbow Injury Claims?
- The time limit to lodge the Work Injury Claim Form and Certificate of Capacity is 6 months in NSW.
- The time limit to commence court proceedings if you are eligible to make a work injury damages claim is 3 years.
How Much Elbow Injury Compensation Can You Receive?
The amount of compensation that you may be entitled to is determined by a variety of factors, including where the injury occurred, the seriousness of the injury, your whole person impairment assessment and other factors.
Feel free to call us for a free injury claim evaluation to calculate the amount of compensation you may be entitled to. Our experienced lawyers would be delighted to assist you whether you have a tennis elbow injury or broken elbow; our team is experienced in both injury types.
Can I Claim a TPD Payout for an Elbow Injury?
Yes, if eligible, , you may be entitled to a TPD Superannuation payment which generally varies between $50,000 – $350,000. Total and permanent disability includes a physical disability, mental disability, or sickness. Our TPD lawyers are experienced in both workers compensation and superannuation claims; reach us for a free claim check to maximise your entitlements.
Why Choose Withstand Lawyers for Your Elbow Injury Claim?
At Withstand Lawyers, our dedicated personal injury lawyers focus exclusively on compensation claims, including workplace accidents and motor vehicle accidents. We take the time to understand your needs and explain your entitlements in a clear, straightforward manner.
Contact our experienced team of elbow injury lawyers today on 1800 952 898 or simply fill out our online form and we’ll get in touch.
✅ We work on a No Win No Fee basis, so you never pay out of pocket to make an elbow injury claim. And if your elbow injury is work related, your claim is funded by the Independent Review Office (IRO), meaning you pay nothing for legal representation in your workers compensation claim.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
