Have you injured your neck recently and are unsure whether you can claim compensation? There are many situations where claiming compensation for a neck injury is possible, like car accidents and work-related incidents.
If you got hurt at work, you could have the right to lodge a worker’s compensation claim and your neck injury claim.
Am I eligible to make a neck injury compensation claim?
If you have suffered a neck injury that requires medical attention due to someone else’s negligence, you may institute a claim for neck injury compensation.
The Queensland workers’ compensation scheme also gives you the right to sue your employer if you feel they contributed to your injury through negligence. This process is called a common law claim.
What are the common causes of neck injuries?
There are several ways to sustain a neck injury. Here are a few of the most common causes:
- Car and vehicle accidents: The rapid extension forces involved in a motor vehicle accident can cause injuries commonly known as “whiplash” injuries, which can be very serious.
- Bicycle and motorcycle accidents: Although helmets provide some protection, the heavy impact on the neck as the head hits the road or ground in an accident can cause serious neck injuries.
- Being hit by an object: Falling objects, or a side impact, for example, a pallet crashing into a warehouse worker while being lifted, can cause neck injuries. Being hit by objects is a common cause of neck injury at work.
- Slips and falls: If your fall is due to negligence, like a wet floor in a shopping mall, or an item falling onto you while shopping, you may have grounds for a personal injury claim.
What are the common types of neck injuries?
There are many forms of neck injury. You may have a potential claim if you have sustained one of these injuries. These are the most common neck injuries you might sustain in a work-related incident or car accident:
Lacerations and Abrasions
Lacerations and abrasions are common in motor vehicle accidents. A laceration is a deep cut from a sharp object, such as glass shards. An abrasion is a scrape that forms when the top layer of skin comes off.
Sprains and Strains
Soft tissue damage occurs when ligaments or muscles are stretched or torn. A neck sprain can cause bruising and inflammation around the injury site. In most cases, a neck sprain causes muscle spasms.
Muscle Cramps or Spasms
The involuntary contraction of muscles is known as a spasm. Spasms occur without warning and can be described as a tight, uncomfortable feeling in the neck.
Whiplash
Whiplash occurs when your head is thrust forward and then quickly backward due to the force of impact. This causes soft tissue injuries.
It can also damage intervertebral discs and facet joints, resulting in an expensive injury.
Slipped or Herniated Disc
If there is a major force of impact, like in a motor vehicle accident, the discs of your spine can move out of place, causing a slipped disc.
Pinched Nerve and Paresthesia
When the cervical spine moves or swells, it pressures spinal nerves. This is common in motor vehicle accidents.
Pinched nerves struggle to process pain signals fully. This can lead to Paresthesia which causes tingling, numbness, burning, or sharp pain.
Neck Fracture
A broken or cracked bone in your neck is known as a neck fracture. Neck fractures are extremely painful and often restrict movement. A serious neck fracture can damage your spinal cord, leading to paralysis.
Spinal Cord Injuries
Vital nerves and soft tissue starting at the base of your skull and running down to your lower back comprise your spinal cord. Your vertebrae surround and protect these fragile structures. Broken vertebrae can cause a spinal cord injury.
How much compensation could I claim for a neck injury?
A personal injury claim covers neck injuries. Payouts for personal injury claims are carefully assessed and are personalized to individual circumstances. Each claim is different.
However, there are common features in every personal injury claim. The amount of compensation depends on the nature of your injury, pain and suffering, medical expenses incurred, and rehabilitation costs.
Permanent disability, permanent impairment, and ongoing pain warrant a much higher level of compensation. You are also entitled to claim for your legal fees.
What evidence would I need to support a neck injury claim?
Neck injury compensation claims require evidence to support the claims process. This proof can include police reports, documentation of a workplace incident, medical assessments, proof of medical treatment, and physiotherapist and psychological reports.
Also, proof to show you are suffering the loss of income, if applicable, and a record of your legal costs, which you can claim back, is required.
Are there any time limits associated with making a neck injury compensation claim?
Personal injury damages have strict time limits in Queensland. Neck injury claims must be lodged in court within three years from the date the injury occurred.
If you fail to institute legal action within three years, you may lose your right to make a claim.
What process must I go through to make a neck injury compensation claim?
When claiming your neck injury compensation payout, these are the steps you need to follow:
- Initial consultation: You will meet with your personal injury lawyers to discuss the circumstances of your claim.
- Investigation: Your personal injury lawyers will initiate an investigation into the circumstances of your neck injury.
- Treatment: Following your doctor’s prescribed treatment is important for maximum medical improvement.
- Demand package: This documents the story of your neck injury claim, including how the accident happened, the theory of liability, and the settlement demand.
- Negotiations: After reviewing the demand package, the insurance carrier will usually respond with a settlement offer.
- Settlement: A settlement agreement outlining the terms of the settlement, whether a lump sum payment or several compensation payouts, will be prepared by your personal injury lawyers.
- Litigation: If a settlement agreement cannot be reached, you may have to file a lawsuit and present your injury claims to a jury.
Do I need a compensation lawyer to help me lodge my claim?
Queensland law does not require you to retain compensation lawyers to make a personal injury claim. However, although you can claim independently, a personal injury lawyer can advise you.
They can help you get the maximum compensation entitlements possible, so something good can come from hard circumstances.
