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Home Knee Injury Compensation Claims

Knee Injury Compensation Claims

Posted In Motor Accident Compensation,NSW,Public Liability,WA,Workers Compensation
Posted On October 22, 2021
Online Inquiry

IN THIS POST

  • What can I claim for a knee injury?
  • Can I make a TPD claim payout for my knee injury?
  • I suffered a knee injury and would like to make a claim; what will you do if I have a claim?
  • How much compensation payout can I receive for my knee injury?
  • What are the time limits for knee injury claims?
  • How long does it take to receive benefits for my knee injury?
  • When is the best time to contact a personal injury lawyer?
  • Can I make a knee injury claim on behalf of my close relative?
  • Reach our No Win No Fee Lawyers
happy worker wearing orange helmet

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.

knee injury

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 and how the injury occurred.

What can I claim for a knee injury?

If you sustained a knee injury during the course of employment, our workers compensation lawyers can help you claim workers compensation benefits that include:

  1. Medical expenses – healthcare expenses such as physiotherapy, psychology, surgery and equipment
  2. Weekly payments – depending on your capacity for work and average earnings
  3. 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.
  4. Domestic assistance – if your injuries meet the 15% whole person impairment threshold
  5. Common law – if your injuries meet the 15% whole person impairment threshold and your employer was negligent.

medical assessment for knee injury

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.

Calculate your compensation claim

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!

construction worker working

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:

1

Listen carefully to your situation to take everything into account. We will make sure you understand your entitlements and how to claim them.

2

Obtain relevant documents to support your claim and maximise your compensation entitlements.

3

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.

Note: If you have sustained a knee injury as a result of 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.

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?

average compensation payout knee injury in Australia

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.

happy male worker thumbs up

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

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

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A big thank you and commendation to the team at Withstand Lawyers. Caring and compassionate, the team achieved a fantastic result for G and guided him every step of the way with their honest and assuring advice. G and his family couldn't be more pleased with the result, even when others said he didn't have a chance. Withstand Lawyers understood the merits of the case and worked tirelessly to get a fair and just outcome. Can't thank them enough for their hard work and diligence through G's case. Highly recommended.
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I just want to thank you as you have done well in my case as I have been to many lawyers before I came to you and they were never able to work on my case thank you so much issa rabaya you were always on spots with your appointment as you always on time with all the paperwork it needed You the best one in Sydney I have worked with Kind regards Emad
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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!!
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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.
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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.
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

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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*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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