Regardless of where you suffered a neck injury, you may be entitled to claim neck injury compensation. Neck injuries may occur at work, in a motor vehicle accident, due to slip and fall, due to medical negligence or even could occur by way of degeneration.
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.
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.
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 can I claim?
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:
- Medical expenses – healthcare-related expenses such as physiotherapy, surgery and necessary medical equipment
- Income support payments – for time off work for the first 6 months
- Domestic assistance – if your injuries are assessed as non-minor and you are not mostly at fault
- Common law claim for modified damages – if your injuries were non minor and you were not mostly at fault
- 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 injured due to a healthcare provider’s negligence, you may be entitled to a Medical Negligence claim.
- If you are unable to work due to an accident or sickness, you may be entitled to a TPD claim.
How to Claim?
If you have been injured due to a motor vehicle accident, please be aware of the steps below:
- Report the motor vehicle accident to the police within 28 days and note the event number
- Seek medical treatment and obtain a Certificate of Capacity from your General Practitioner
- Complete the Personal Injury Benefits form (PIBF)
- 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.
- 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 Medical Negligence 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 a Neck Injury Compensation?
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!
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
