Knee injuries may occur at a workplace accident, car accident, or due to slip and fall. According to Safe Work Australia, work-related knee injuries such as torn tendons, torn meniscus, patella-femoral pain syndrome, and ligament strain are the most common knee injuries.
If you have had a knee injury you may be entitled to compensation by way of medical expenses, domestic assistance, wages for lost income, lump sum and pain and suffering, depending on where the injury occurred.
If you are an exempt worker and your knee injury occurred in the course of employment, you may be entitled to pain and suffering. Otherwise, if you are not an exempt worker but the injury occurred at work or in a motor vehicle accident and your injuries are assessed as being greater than 10% whole person impairment, or if it occurred in a public place and your injury is of the most extreme case, then you may be entitled to a pain and suffering payment.
What can I claim?
If you had a work accident during the course of employment, the benefits that you may be entitled to claim are as follows:
- 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.
If you suffered a knee injury as a result of a motor vehicle accident in Australia, you can access relevant information on 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.
Unable to work due to your knee injury?
If your knee injury prevents you from working, you may be entitled to various TPD superannuation benefits which are generally included in the fine print of your policy. Even though the procedure may be hard to understand, our experienced TPD Lawyers are happy to give you clear and free legal advice.
How can I claim?
If you had a workplace injury, contact your employer and report the injury as soon as possible. Seek medical treatment request your GP to complete the Certificate of Capacity which requires your doctor’s opinion on the injury and whether it occurred in the course of employment. Complete a Work Injury Claim Form as soon as possible. There is a 6 month time limit to complete a work injury claim form.
We recommend you contact our workers compensation lawyers for free advice prior to submitting your claim form to ensure you have received legal advice regarding the steps that follow, your entitlements and the process in general. The work injury claim form should detail relevant information on your personal details, work details and injury details.
If you have sustained a knee injury in a motor vehicle accident such as a car accident, bike, motorcycle or truck, then the process will be different than a knee injury that occurred at work. 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 can I receive?
The severity of your knee injury, your recovery time, your capacity to work are important variables that affect the amount of compensation 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. Do not hesitate to 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 compensation payout can I receive for my knee injury?
Based on our estimated calculations using multiple averages we estimate that the average compensation payout for a knee injury in NSW is $120,000. The severity of your knee injury, your recovery time, your capacity to work are important variables that affect the amount of compensation 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. Do not hesitate to 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.
What are the time limits for knee injury claims?
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. Again if you are worried that you are out of time, please contact our personal injury lawyers to discuss your options and to obtain information and assistance on how to seek leave from the court is possible depending on the circumstances and the claim.
How much time does it take to settle a knee injury claim?
Your provisional payments will start within 7 days, and weekly payments are typically decided within 28 days of lodging a work injury claim form. 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.
No Win No Fee Lawyers
You can consult our senior workers compensation lawyers at any point during your knee injury compensation claim process. We will understand your expectations and provide you with the best plan. Please call us on 1800 952 898 or fill out the form for a free claim check.
