Knee Injury Compensation Claim
Knee injuries are relatively common. They can happen at work because of an awkward fall or in a variety of unsafe locations anywhere outside your home. While many knee injuries will heal slowly by themselves, some need specialist treatment and most have an impact on your ability to stand, move and carry weights. Compensation for knee injuries can help to pay for medical treatment and replace lost and future earnings when it is impossible to return to work straight away.
Types of knee injury and treatment required
The four main types of knee injury are:
- torn tendon;
- torn meniscus;
- ligament strain; and
- Patella-femoral pain syndrome.
A severe knee injury is almost always accompanied by knee pain, difficulty in walking, standing and weight-bearing. A doctor will almost always recommend an initial x-ray examination to eliminate the possibility of damage to any of the bone material. Then an MRI and /or CT scan will help to determine the damage to the soft tissue, including ligaments and tendons at the joint. Pain killers may be prescribed and a compression bandage to relieve knee pain. Treatment will be a mixture of rest, physiotherapy and surgery. If surgery is advised, then this may be needed to reconstruct the knee joint and / or repair damaged tissue.
Claiming compensation for a knee injury
Whether you can claim compensation will depend on the unique circumstances in which the knee injury occurred. If the knee injury took place at work, then you may be able to bring a claim against WorkCover Queensland for compensation. If the injury occurred on private or government-owned property and you believe that it was due to unsafe or negligent conditions, then you may be able to file a public liability claim against an individual or organisation you believe to be at fault. If you are unsure about whether you are entitled to compensation, contact an expert at Main Lawyers to discuss your situation.
Compensation you may be entitled to because of a knee injury
The exact amount of money that you could be entitled to depends on the severity and cause of the accident as well as the ability to show that negligence on the part of a property owner or other entity was the direct cause of the knee injury. The following indicates the type of compensation possible.
- Pain and Suffering or General Damages
This is a sum of money indicative of the pain and suffering you have experienced due to your knee injury and, in most cases the amount is capped by legislation.
- Medical Expenses
This includes the cost of any past, current or future medical expenses such as medical appointments, medication, tests and scans, surgery and physiotherapy.
- Economic Loss
This includes any past and/or future loss of earnings (including superannuation payments).
- Paid or Gratuitous Care
Otherwise known as a Care Claim which encompasses a sum of money for assistance you receive (whether paid or unpaid) in completing domestic duties. This can be for past, current or future assistance and includes duties such as cleaning or gardening.
- Out of Pocket Expenses
This can include any costs you have incurred as a result of the injury, that does not fall into the above categories such as travel expenses.
How Main Lawyers can help your claim
Knee injuries can be caused in many different ways, some of which may be due to the negligence or fault of someone else. If this is the case, a Lawyer at Main Lawyers can assist and manage a claim on your behalf. Without this assistance, you may encounter an obstructive insurer. Insurers are known to regularly challenge the legitimacy of claims, allege you were partly or completely to blame for your injury, unnecessarily delay and/or undervalue your claim.