Neck Injury Compensation Claims

Key Takeaway: For a neck injury from a NSW motor vehicle accident, pain and suffering compensation is capped at $432,000 (the maximum payable as of 1 July 2020). You can only claim pain and suffering if your injuries meet the 11% whole person impairment threshold and you were not mostly at fault.

Neck Injury Compensation: Quick Answers

Suffering a neck injury at work can be a life-changing experience, impacting both your physical well-being and your ability to earn a living. If you’ve experienced a neck injury on the job, you may be entitled to neck injury at work compensation to help cover medical expenses, lost wages, and other costs associated with your recovery. Whether the injury occurred due to heavy lifting, a fall, or a workplace accident, it’s important to understand your rights and the compensation process to ensure you receive the support you deserve.

However, workplace incidents aren’t the only cause of neck injuries. Motor vehicle accidents, medical negligence, and even slip and fall accidents can also lead to severe neck injuries. In some cases, repetitive strain or natural degeneration over time can cause serious neck problems that affect your ability to work. Regardless of how the injury happened, understanding your options for neck injury compensation payouts is essential. Various factors, such as the severity of the injury, its long-term effects, and how it impacts your ability to work, all play a role in determining the amount you may be entitled to. In this guide, we’ll explore how to claim compensation for different types of neck injuries and what to expect from potential payouts.

Common Neck Injuries

Common neck injuries include but are not limited to, damage to the spinal cord, vertebral fractures, whiplash, injuries to the disk, nerves pinched, strain or sprain of the neck, muscles and tendons that are stiff.

Minor (soft tissue) injury

Soft tissue injuries, such as those to the tendons and joints that surround the spinal column, may occur in the neck. Neck strains and neck sprains are examples of soft tissue injuries that damage neck ligaments, muscle or tendon.

Non-minor injury

The higher the pressures associated, the more probable the damage could include not just soft tissue but also the structure of the neck. Herniated disc or fractured cervical spine may be assessed as non-minor injuries.

What Compensation Can I Claim for a Neck Injury?

Claiming process may vary depending on where you have been injured. If you suffered a motor vehicle injury as a result of a motor vehicle accident you may be entitled to the benefits below:

1. Medical expenses – healthcare-related expenses such as physiotherapy, surgery and necessary medical equipment
2. Income support payments – for time off work for the first 6 months
3. Domestic assistance – if your injuries are assessed as non-minor and you are not mostly at fault
4. Common law claim for modified damages – if your injuries were non minor and you were not mostly at fault
5. Pain and suffering – if your injuries meet the 11% whole person impairment threshold and you are not mostly at fault.

What you can claim for neck injury compensation depends on the accident type.

• If you slipped and fell, you may be entitled to a Public Liability Compensation claim.
• If you are injured during the course of work, you may be entitled to a Workers Compensation claim.
• If you are unable to work due to an accident or sickness, you may be entitled to a TPD claim.

How to Claim a Neck Injury Compensation Payout

If you have been injured due to a motor vehicle accident, please be aware of the steps below:

1. Report the motor vehicle accident to the police within 28 days and note the event number
2. Seek medical treatment and obtain a Certificate of Capacity from your General Practitioner
3. Complete the Personal Injury Benefits form (PIBF)
4. Send the completed PIBF form to the at fault’s, motor vehicle’s greenslip insurer within 28 days. The time limit is 28 days if you want to claim statutory benefits for loss of wages. If not, the time limit is 3 months.
5. Contact a personal injury lawyer for legal advice to know whether you are eligible to claim lump sum payment; it is applicable in addition to the statutory benefits. The time limit is 3 years.

In most situations, when legal procedures are initiated, and a lump sum payment is included, the parties will meet to negotiate a settlement of the matter, which is referred to as an informal settlement conference, concilliation or mediation, depending on where the injury occurred and other circumstances. The majority of cases are resolved without determination at final hearing.

• Click here to read more about how you make a Public Liability Compensation claim
• Click here to read more about how you make a Workers Compensation claim.
• Click here to read more about how you make a TPD claim.

If you decide for Withstand Lawyers to act on your behalf, you can rest assured that we will provide the best representation we believe is possible.

How Much Can I Receive for Neck Injury Compensation Payouts?

The amount of compensation you may get is determined by a number of variables, including the severity of your injury and under which scheme you are eligible to lodge a claim. For pain and suffering payments in NSW for motor vehicle accident claims, the maximum amount payable as of 1 July 2020 was $432,000. That is with regards to pain and suffering and not other entitlements or damages you may be entitled to such as compensation to include loss of income/opportunity.

Our personal injury lawyers can guide you through the many forms of neck injury compensation claims to which you may be eligible. At Withstand Lawyers, we work on a No Win No Fee basis; meaning that injured claimants don’t pay for our costs upfront for their claims, and they are not required to pay our costs if we don’t win their case. Fill out the form below or call us on 1800 952 898 for a free claim check!