Knee injuries may occur in various environments such as at a workplace accident, in a car accident, or due to a slip and fall. According to Safe Work Australia torn tendons, torn meniscus, patella-femoral pain syndrome, and ligament strain are the most common knee work-related knee injuries that can lead to a knee injury compensation claim.
If you have had a knee injury, you may be entitled to WorkCover compensation by way of medical expenses, domestic assistance, wages for lost income, lump sum and pain and suffering, depending on where and how the injury occurred.
Can I claim WorkCover for a knee injury?
If you sustained a knee injury during the course of employment, our workers compensation lawyers can help you claim WorkCover benefits that include:
- Medical expenses – healthcare expenses such as physiotherapy, psychology, surgery and equipment
- Weekly payments – depending on your capacity for work and average earnings
- Lump sum payment – if your whole person impairment is assessed at being greater than 10% for non-exempt workers and greater than 0% for exempt workers.
- Domestic assistance – if your injuries meet the 15% whole person impairment threshold
- Common law – if your injuries meet the 15% whole person impairment threshold and your employer was negligent.
What Types of Knee Injuries Are Covered by WorkCover?
SafeWork NSW and the workers’ compensation system cover a wide range of knee injuries sustained in the workplace or caused by work-related activities. These injuries can result from sudden accidents or repetitive strain. Common knee injuries include:
- Ligament Tears (ACL, MCL): Often caused by heavy lifting, falls, or sudden twisting motions.
- Meniscus Tears: Common in physically demanding roles involving repetitive knee movements.
- Knee Fractures: Resulting from slips, trips, or direct impact accidents.
- Chronic Conditions: Such as arthritis or bursitis, if aggravated by your work environment.
What if I am an exempt worker?
If you are an exempt worker and your knee injury occurred in the course of employment, you may be entitled to receive a lump sum payment for permanent impairment if your assessment for physical injuries is greater than 0%.
If you suffered a knee injury as a result of a motor vehicle accidentyour entitlements and payout differs, for more information please visit our Motor Vehicle Accident Claim page.
If the accident occurred in a public or private property, you can access relevant information on our Public Liability Claim page. If your knee injury occurred due to medical negligence, you can access relevant information on our Medical Negligence page.
Your knee injury is severe enough to prevent you from working again in any occupation that you are suited by education, training or experience then you could potentially make a TPD claim. You are welcome to contact our TPD Lawyers who during your free eligibility claim check will tell you whether you could make a successful claim or not.
Can I make a TPD claim payout for my knee injury?
Yes, you can if you:
- stopped working due to injury or illness
- cannot work for an extended period of time
- are unlikely to work again in a field that you are suited by education, training, or experience.
Then, you are entitled to claim superannuation benefits or a TPD payout. The amount of money you may receive for your permanent disability will depend on the type of insurance cover in your superannuation policy, which includes the which details the definition that the superfund has in place for you to meet, the amount of coverage and eligibility criteria.
Our experienced TPD Lawyers are happy to give you clear and free legal advice. Contact us today!
I suffered a knee injury and would like to make a claim; what will you do if I have a claim?
We recommend you contact our personal injury lawyers for free advice prior to starting your claim to ensure you have received legal advice regarding the steps that need to be followed. If you decide to work with Withstand Lawyers, we will:
Listen carefully to your situation to take everything into account. We will make sure you understand your entitlements and how to claim them.
Obtain relevant documents to support your claim and maximise your compensation entitlements.
Negotiate with the other side to settle or resolve your claim for the best result whilst keeping you informed and updated.
I suffered a knee injury at work; what is the process to make a claim?
If you suffered a workplace injury yoyou should first contact your employer and report the injury as soon as possible.
After you seek medical treatment, request your GP to complete a Certificate of Capacity which requires your doctor’s opinion on the injury and whether it occurred in the course of employment.
Once your Certificate of Capacity is ready, complete a Work Injury Claim Form; there is a 6-month time limit to complete and submit the work injury claim form to your employer, by email is sufficient.
Do I need to pay to make a knee injury claim?
No, you don’t need to pay anything at Withstand Lawyers. Our personal injury lawyers operate on a No Win No Fee basis, which means you do not pay until the successful completion of the claim. For workers compensation matters our legal costs are paid for by the Independent Review Office (IRO) which means our costs are not deducted from your settlement monies and you are not liable for our costs.
How much compensation payout can I receive for my knee injury?
Where your were injured, the severity of your knee injury, your recovery time, and your capacity to work are important variables that affect the settlement amount you may receive for your knee injury.
Each claim is different and as such, it would not be correct to provide an estimated amount without any details.
However, you can contact one of our personal injury lawyers if you would like a free and no-obligation compensation assessment relating to your knee injury regardless of where the injury occurred.
How much is the average compensation payout for a knee injury in Australia?
Based on our general estimated calculations using multiple averages we estimate that the average compensation payout for a knee injury in NSW is $120,000. You can talk to our personal injury lawyers to calculate your compensation payout.
What are the time limits for knee injury claims?
If your knee injury is work-related, the time limit to submit a Work Injury Claim Form is 6 months from the date of the injury. You should receive a response from the insurer within 7 days from the date you submitted the Work Injury Claim Form.
If you sustained a knee injury or any other injury at work prior to 6 months ago, please contact our personal injury lawyers as you may still be able to lodge it even if it is out of time depending on the circumstances.
If your injuries are assessed as 15% whole person impairment or greater, there is a 3 year time limit to commence court proceedings for a work injury damages claim to claim a payout instead of benefits.
We cant stress this enough as we know a lot of people are out of time due to not having legal representation. If you are worried that you are out of time, please contact our personal injury lawyers to discuss your options and to obtain information as to your eligibility.
How long does it take to receive benefits for my knee injury?
If your knee injury occurred in the course of employment, your provisional payments can start within 7 days, and weekly payments are typically decided within 28 days of lodging a work injury claim form. So, the benefits of weekly payments, medicals, domestic assistance are typically within 7 days or 28 days unless the insurer denies liability.
The entitlement of lump sum compensation is claimed after your injuries have reached maximum medical improvement which is usually from 6 months from the date of the injury or from the last date of invasive treatment or surgery, whichever is later.
By the time that process is completed and depending as to whether the insurer agrees with the assessment, your lump sum claim is usually concluded within 1.5 years.
When is the best time to contact a personal injury lawyer?
You can consult our personal injury lawyers before during or after your compensation claim process. Given that you can request a free claim assessment, you have nothing to lose. Our compensation lawyers can advise you about what to do as a next step to maximise your compensation benefits and see if you are eligible for further lump sum payout.
Can I make a knee injury claim on behalf of my close relative?
Yes, you can make a workers compensation claim if one of your close relatives such as your spouse, parent or kid passes away due to a work-related accident.
Reach our No Win No Fee Lawyers
You can consult our No Win No Fee workers compensation lawyers at any point during your knee injury compensation claim process. We will understand your expectations and provide you with the best & risk-free plan.
Please call us on 1800 952 901 or fill out the form for a free claim check.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
