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Head & Concussion Injury Compensation Claims

Online Inquiry

Posted on

December 2, 2021

by

Motor Accident Compensation, Public Liability, TPD Claims, Workers Compensation
worker using helmet to protect his head

A major head injury can have a significant influence on your life and permanently alter your circumstances especially you had a traumatic brain injury. You and your family will very certainly require continuous assistance and care which may be expensive. Claiming compensation, although in comparison to your injury may be insignificant, can play a big role in providing you peace of mind.

What am I entitled to?

After head and concussion injuries, a high degree of care, rehabilitation, and assistance may be required following a head injury to help you restore your health or improve your circumstances. There may be areas of your life that you will never be able to restore to normal. The legal procedure varies depending on where you are injured

Injured at work

A head injury compensation claim usually entitles one to a lump sum payment, depending on its severity, given that they usually exceed the 11% whole person impairment threshold for non-exempt workers.

If your whole person impairment is above 14% and your employer was negligent. You might also be entitled to claim:

  • Work injury damages payout and close off your workers compensation claim. Sometimes, depending on your circumstances and the details of the compensation, it could be better for you, to stay on the workers compensation statutory benefits, then receive a payout.
  • Domestic care such as paid nurse and support worker

If your permanent impairment rate is between 21 – 30%, you will be entitled to get weekly wage compensation benefits until the age of 68 while your insurer will be able to request work capacity medical assessment every two years

If your permanent impairment rate is higher than 30%, you will be entitled to get weekly wage compensation benefits for life.

Injured in a motor vehicle accident

If you have been injured in a road accident that you were not mostly at fault and your injuries, whether, physical or psychological, have been assessed as non minor injuries, you could be entitled to claim a lump sum payment which would include an amount, depending on the nature of your claim, loss of income/opportunity. In addition, should your injuries, either physical or psychological be assessed as greater than 10% whole person impairment, you could also be entitled to claim compensation to take into account your pain and suffering. 

Your pain and suffering payment is unique to your claim as it is depending on many factors from age to your circumstances both prior and post accident. If your injuries occurred in NSW, our CTP lawyers can assist you in determining your eligibility to claim damages for the changes in the quality of your life as a result of motor vehicle accident.

Whether you were injured at work, in public, on private property due to a healthcare provider’s medical negligence, or in any type of motor vehicle accident, our personal injury lawyers can assist you in determining your eligibility to collect damages for the changes in the quality of your life. In other words, it’s probable that you may have a claim for compensation if you’ve suffered a head injury, brain damage, neck injury, back injury, or any other sort of head injury.

Additionally, please get legal advice even if your injury or condition occurred by itself and not due to someone else’s negligence as you could be entitled to making a TPD claim which our superannuation lawyers can assist you with.

happy woman at the office

How to Claim?       

The legal process for making a claim for compensation for head and concussion damage can be quite difficult to deal with. Claim processes vary depending on where the accident occurred. If you suffered an injury during the course of work, you may follow the steps below:

  1. Report the incident to your employer
  2. Seek medical treatment and request your General Practitioner (GP) complete a Certificate of Capacity; this document should include your GP’s opinion on the injury and its connection to your work
  3. Submit a Work Injury Claim Form as soon as possible.
  • You can learn how to claim head & concussion injury compensation due to a motor vehicle accident click here;
  • due to medical negligence, click here;
  • due to public liability, click here
  • for TPD/superannuation claims, click here.

What are the time limits?

There are time restrictions for making certain types of compensation claims. The common point is that after a head injury we recommend oneto seek legal advice as soon as possible, of course, after receiving the treatment they require. The reason for the urgency in seeking legal advice for their compensation claim is due to the strict time limits that apply on claims.

In NSW, workers compensation claims should be lodged within 6 months and in some circumstances,where you need to commence court proceedings, such court proceedings must be commenced within 3 years from the date of the injury. It is critical to start the legal process right after the accident to receive your entitlements as soon as possible and to ensure you are not out of time in claiming compensation.

Motor vehicle accident claims should be reported no later than 3 months and compensation claims should be filed with the Personal Injuries Comission for NSW or court within 3 years.

Public liability and medical negligence claims should be made as soon as possible especially when you require proof and evidence in support of your claim and they also carry a 3 year time limit from the date of accident or injury, depending on the circumstances.

head injury male worker sitting

How much is a head injury compensation claim worth?

Head and concussion injury claims can be work, motor vehicle accident, medical negligence, or even public liability related; compensation amounts are determined by a variety of criteria, including but not limited to the severity of the injury, the amout of loss suffered, age, the time required to recover, rehabilitation, the expense of current and future medical treatment, as well as whether or not continuous medical care is required.

Once our legal team has a better understanding of your case, we can assist you and provide you with guidance on what to expect, the usual ranges of compensation you could be entitled to, and the time period it may take for your personal injury matter to resolve.

Work with an experienced team of personal injury lawyers

If you or a loved one has suffered a head injury, we can assist you in obtaining the compensation you deserve. We understand how frightening and stressful head injuries can be, and we will do all we can to assist you in at least obtaining compensation benefits while you concentrate on your recovery and obtaining medical advice and treatment from your healthcare providers. Our lawyers work on a No Win No Fee basis, meaning that if you decide for us to act on your behalf, you will not be required to pay upfront costs and will not be required to pay for our legal costs if you are not successful in your claim. Call us on 1800 952 898 for a free claim check!

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Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A
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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W
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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A
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Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
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Kristy W
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Read More
The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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Next

*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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