Whiplash injury compensation

Suffered a whiplash or neck injury in a Queensland car or road accident? Check your rights.]

Can I claim whiplash injury compensation?

You may be able to claim compensation for a whiplash injury if it resulted from someone else’s negligence or carelessness. Negligence may arise in a variety of settings, the most common of which is a car accident (e.g. being hit by another vehicle from behind).

Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR  check if you can claim

Suffered whiplash in a car accident - can I claim compensation?

If you sustain whiplash from a road accident and it was totally or partially due to the fault of another driver or vehicle owner you can claim compensation from the owner of the vehicle that caused the accident through their Compulsory Third Party insurer.

Examples: Jeff was injured in a car accident when a delivery truck failed to stop at a red light because its brakes were not properly maintained. Jeff can claim compensation from the owner of the delivery truck through its CTP insurer.
Rick was injured in a car collision because he didn’t look properly before pulling out onto a main road. Rick is unable to claim compensation for his injuries because the accident was totally his fault (although exceptions may apply for catastrophic accidents). If the accident occurred after July 1, 2016 he may be able to seek necessary and reasonable medical and rehabilitation services through the National Injury Insurance Scheme of Queensland (NIISQ).

See Also: Motor vehicle injury claims

I suffered whiplash in a work accident - can I claim compensation?

If you are injured because your employer neglects to provide safe systems of work, equipment or a safe environment, you may be able to sue for personal injury compensation. This includes injuries incurred over a long period of time, late onset injuries, and aggravations of pre-existing injuries.

Note however that, weekly WorkCover payments operate under a separate ‘no fault’ scheme, meaning that you can receive weekly payments to cover lost income even if your injury was not because of your employer’s negligence.
Examples: Jeff sustains a whiplash injury while working as a barman when a drunk patron grabs him, shakes him and punches him in the face. Jeff’s employer has no systems in place to ensure the responsible service of alcohol.The patron had become progressively more drunk over the course of the evening and bar staff continued to serve him alcohol notwithstanding his intoxication. Jeff may be able to claim compensation from his employer for his personal injuries.
Rick suffers whiplash at work when a co-worker becomes irate and punches him in the back of the head. The co-worker had never been violent in the workplace before. Rick may not be able to claim compensation for his injuries as violence is not necessarily a foreseeable risk that his employer had to take steps to protect its employees against. However, he could apply for Workers Compensation payments while he is off work.

See also: WorkCover Claims

I sustained whiplash on someone else’s property - can I claim compensation?

Occupiers (including owners of private property and public authorities), have a duty of care toward people coming onto their land. They must take reasonable care to make sure entrants are not exposed to risks that are likely to cause injury.  This means if there is something that is potentially dangerous on their property they must rectify it or warn people of the danger.

Common scenarios include someone slipping on a floor surface surface or tripping over an unexpected obstacle on the ground, falling into an unmarked hole in the pavement, or being hit by falling debris from a building site.

Examples: Jeff is sitting in his doctor’s surgery when a heavy ceiling panel falls, striking him on the head causing him to suffer a neck injury. Jeff may be able to claim compensation for his injuries.
Rick sustains a whiplash injury when he is thrown off the back of his jet ski in Moreton Bay. Rick may not be able to claim compensation since his injury resulted largely from his own actions and no insurance regime covers his loss.

How is whiplash compensation calculated?

In general terms, the amount of compensation is gauged by comparing what your life was like before the injury and what it is like now as a result of the injury. Therefore, someone whose injury has had a greater impact on their life will be entitled to more compensation than someone whose injury has had only minimal impact.

The amount of compensation payable for an injury will vary greatly from case to case, depending on a variety of variables such as:

  • the severity of the injury: more severe injuries will attract more compensation
  • the age of the patient: young people are likely to receive greater compensation than older people for a similar injury as it will impact their lifestyle and employment for a longer period of time.
  • level of health prior to the incident: an active and healthy person may suffer more from an injury because they are unable to exercise the way they did prior to the accident and may become predisposed to mood disorders and other health conditions they may not have suffered were it not for their injury.
  • pre-incident lifestyle: injured claimants who formerly engaged in activities they can no longer participate in may experience greater a impact from their injuries.
  • occupation: greater compensation will be payable where a person’s ability to work in their former occupation is impacted severely by their injuries.

A variety of items can be claimed for, including;

General damages:

General damages compensate you for the pain and suffering you have experienced as well as any permanent loss of enjoyment of life as a result of your whiplash injury. They are calculated by reference to the ISV Scale which rates the seriousness of any injury between 1 and 100 and accords a monetary value range to that rating.

For example a serious neck injury is rated 16 to 40 with a monetary range of $27,370 to $95,000 whereas a minor cervical spine injury is rated 0 to 4 with a monetary range of $0 to $5,560.

Other elements that can be claimed for include:

  • Medical Costs
  • Rehab Costs such as physio
  • Loss of past income
  • Loss of future income due to reduced ability to earn a wage.
  • Loss of Super
  • Care & Assistance

What is whiplash?

Whiplash is essentially a neck strain, or tears to the muscle or tendons in the neck. It usually results in pain, stiffness and limited range of movement.

Can whiplash cause brain injury?

Studies have recently shown that whiplash victims are also at increased risk of experiencing concurrent traumatic brain injury. A brain injury can be caused even if there is no direct impact to the head, where the brain becomes compressed, twisted, or distorted inside the skull.

See also: Brain Injury Compensation

Whiplash Associated Disorder Grading

Whiplash associated disorders are graded by the prevalence of symptoms and the severity of those symptoms.

  • Grade 0 - no complaints or symptoms
  • Grade 1 - neck complaints but no physical indications
  • Grade 2 - neck complaints and musculoskeletal indications
  • Grade 3 - neck complaints and neurological signs
  • Grade 4 - neck complaints and fracture / dislocation

Common causes of Whiplash

Whiplash is known as an acceleration / deceleration injury, as it is usually caused by the head being thrown one way and then the other.

  • Road accidents: rear-end collisions are the most common but may involve motor cyclists, bike riders and pedestrians
  • Physical attack or assault: being punched or shaken
  • Sporting injuries: trauma associated with contact sports, football tackles and collisions

Next steps - get advice now

It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.

Get Advice Now
Last update on:
May 29, 2018
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

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