Ankle Injury Compensation Claims
In our busy lives, we tend to minimize or neglect an ankle injury only to regret it much later along the line. We think people who participate in sports are more prone to ankle injuries but this isn't always the case. It could happen to anyone and an ankle injury usually takes time to heal.
If your ankle injury seems mild, at least start with home care: rest, ice packs, mild compression and elevation. You can manage the pain with over-the-counter pain relievers unless you suffer from diabetes or any special medical condition.
Consulting your doctor first is in any case the smartest choice. The doctor can also recommend support like crutches, a walking (moon) boot or a cast to stabilize the ankle strain or sprain. Later, a physical therapist will provide appropriate exercises to restore your ankle's range of motion, strength, flexibility and stability.
Ankle injuries can have far-reaching implications for an injured person's mobility as well as finances. A serious ankle injury can have a devastating impact on your quality of life.
Your ankle injury may be severe and require special medical treatment or surgery, in which case you can claim compensation through a personal injury lawyer. Specialist personal injury solicitors can advise you on the prospects of a successful claim.
Ankle Injury Compensation Claim Types
Common ankle injuries include ankle strains, ankle sprains and fractures. You can also get a tear of ligaments or tendons. Untreated ankle injuries can lead to serious and debilitating complications. If you suffer from an ankle injury, it's important to get an evaluation by a trained ankle specialist if your symptoms don't improve within a day or two.
The ankle is a complex structure and requires expert medical treatment in the case of a serious ankle injury or broken bones. Tendons attach muscles to the bones, while ligaments attach bones to other bones. Tendons and ligaments work together to provide movement and stability.
The ankle is where 3 bones, the tibia and fibula of your lower leg and talus of the foot, meet. These bones are held together at the ankle joint by ligaments (like strong elastic bands) that keep the bones in place while allowing normal ankle motion. Tendons attach muscles to the bones, making the ankle and foot move, and help keep the joints stable.
A broken ankle or a fractured ankle is an injury to the bone. You may experience a broken ankle from a twisting injury from a simple misstep or fall, or from direct trauma during a car crash.
One of the main tendons of the foot is the Achilles tendon. It attaches the calf muscle to the heel bone. The Achilles tendon makes it possible to run, jump, climb stairs and stand on your feet.
Let's have a closer look at the following types of ankle injury compensation claims: an ankle injury at work, an ankle injury due to a motor vehicle accident and an ankle injury caused by a slip and fall. Compensation claims for personal injuries are made under the relevant legislation or under common law.
Ankle Injury at Work
Work-related ankle injuries in places like factories, construction sites and workshops are obvious, but claims can just as easily arise from a slip, trip or fall in the office.
Businesses in Queensland that employ workers are legally obliged to insure them against work-related injuries. A workplace ankle injury is covered under a worker's compensation insurance company, such as WorkCover. These are applicable to injuries that occur while you're at work or while travelling to and from work.
When you claim workers compensation for an ankle injury, and have your claim approved, you will be entitled to statutory benefits, such as having a percentage of your wage provided for times you are unable to work as well as medical treatment and medication, rehabilitation, hospital and travel expenses.
The above relates to a statutory WorkCover claim, however, if negligence has been an element in the causation of the injury, you maybe able to make a common law claim, as well as a statutory claim.
A common law claim seeks compensation for:
- Previous lost income and superannuation
- Future lost income and superannuation
- Pain and suffering
- Past and future medical treatment
Learn more about how you might be entitled to make a workers compensation claim.
Ankle Injury Due to a Motor Vehicle Accident
Why should you suffer pain and financial loss for someone else's negligence in a road traffic accident?
Motor vehicle accidents include those in which the following vehicles are involved:
- Cars
- 4WDs
- Motorcycles
- Bikes
- Busses
- Trains
- Trailers
- Trucks
In the case of an motor vehicle accident, the injured person's claim is against the CTP (Compulsory Third Party) insurer of the vehicle at fault. The driver or passenger in a vehicle or even a pedestrian bystander may claim compensation provided they suffered personal injury and did not cause the accident.
If the details of the at-fault vehicle are unknown or the vehicle was unregistered at the time of the car accident, you may still be able to submit a claim for compensation via the state government's 'Nominal Defendant fund'.
Find out more about making a car accident compensation claim.
Ankle Injury Caused by Slip and Fall
Personal injury claims involving ankle injuries can occur in places like:
- Hotels
- Cafes
- Schools
- Entertainment venues
- Shopping centres
- And many more...
These claims fall under public liability insurance. Businesses, individuals and organisations have a duty of care to avoid harm to others on their premises where the harm could be reasonably foreseeable.
As part of a claim, it must be proven that the person or business owed the injured party a duty of care; that they breached the duty of care; they should have known it would cause a shoulder injury; and that they were hurt and suffered an injury as a result thereof.
Recently, a case hit the news when a teen's father claimed damages on behalf of his son. The boy, a minor, visited a store, where various sports equipment was displayed. He started using a cross-trainer that was on display, when his left foot “struck the uncapped end of the seat rail of the (a) rowing machine,” slicing his Achilles tendon.
He underwent surgery for the serious injury the same day, however the boy and his family allege he continues to suffer pain and stiffness, has limited running tolerance, difficulty ascending and descending steps, reduced squatting capacity and loss of range of movement.
What Evidence is Required to Make an Ankle Injury Workers' Compensation Claim?
The medical evidence of your ankle injury is most important. Medical reports, assessments, and any medical treatment serve as crucial evidence to substantiate your claim.
Doctors determine the nature and extent of ankle injuries through physical examination, X-rays and Ultrasound. If these methods are inconclusive, doctors will resort to CT (Computed Tomography) and MRI (Magnetic Resonance Imaging) scans.
You should meticulously keep a record of all your injuries, medical treatment and expenses. It is a good idea to take photos of your injury (or have them taken) and the place where your ankle injury occurred. Write down what happened to you while the incident is still fresh in your mind. Obtain the contact details of any witnesses.
Make notes of lost wages and expenses relating to your ankle injury claim. Keep your medical evidence safe and share it with your appointed lawyer.
How Long Do Ankle Injury Settlements Usually Take?
As each case is different, it will depend on the nature and severity of your ankle injury; what treatment you may need; how long it takes for your injured ankle to stabilize; and the presence of other medical conditions.
The less serious and straightforward your injury and claim, the sooner you can obtain an ankle injury settlement and payout. A severe ankle fracture that requires surgery may take more time to heal. Also, an ankle injury that appears slight at first may turn out to present complications later.
Ankle injury settlement amounts could be resolved within a couple of months, 12 to 18 months or longer in the case of a common-law claim or severe ankle injury.
Is There a Time Limit For Making an Ankle Injury Compensation Claim?
Yes, strict time limitations apply to an ankle injury in Queensland and you are encouraged to seek legal advice as soon as possible.
A Notice of Claim for compensation payment for ankle injuries must be served on the party at fault within 9 months of the injury or within 1 month of consulting a lawyer whichever is first. Under certain circumstances on showing good reason, an application for an extension may be made.
Court claims must be instituted within 3 years of the accident.
How Much Does it Cost to Lodge an Ankle Injury Compensation Claim?
Lawyers usually offer a free first consultation.
Compensation lawyers will represent you on a no win no fee basis in most personal injury claims. This means that if your claim is unsuccessful, you won't have to pay the lawyer. However, if your claim is successful, you'll have to pay the lawyer's fees.
Smith's Lawyers uphold a no win, no fee, no catch promise and they bear the costs of the other sides legal fees, if the claim were to go to court and have an unfavourable outcome. There is no financial risk and in over 25 years we have never had a client out of pocket.
Most lawyers are usually paid between 10 to 20% of a worker's compensation settlement award. When you receive an ankle injury compensation payout, your lawyer will receive an agreed-upon percentage of the amount you recover.
In Queensland, the 50/50 Rule applies which caps the fees a law practice can charge in personal injury compensation claims. It states that a law practice is entitled to charge no more than half the amount to which they're entitled under a judgment or settlement after deducting certain expenses a client is required to pay, including disbursements. Disbursements are the costs incurred by a legal firm in pursuing your claim.
What Are The Average Payouts for Ankle Injury Claims?
There is no simple answer.
Each ankle injury claim is unique and it depends on the specific facts of each individual case as to what your ankle injury settlement amount will be. Keep this in mind when you refer to the court cases above where ankle injury compensation claims were awarded.
As your initial consultation is free, it makes sense to make an appointment with one of our experienced, personal injury solicitors. Then we can give you a more detailed estimate of how much ankle injury compensation you can get. You have nothing to lose.
One thing is clear - an ankle injury can potentially have a devastating impact on your quality of life.
Can I Represent Myself When Making an Ankle Injury Workers Compensation Claim?
Yes, you can. Any injured worker can represent themselves in a personal injury claim.
As mentioned, ankle injury claims can be complicated and it is important to have a knowledgeable personal injury lawyer looking after your best interests. He or she will be able to ascertain whether your injuries are correctly assessed and be able to fully investigate issues like employer negligence or possible other options for you. In some uncommon instances, you may even be able to claim medical negligence if the doctor botched up your ankle treatment.
At times, engaging with a compensation lawyer can be quite costly. However, Smith's Lawyers offer a no win, no fee, no catch promise which provides no financial risk to our clients. We only charge for the work done, not a fixed percentage. There are no hidden fees. In over 25 years we have never had a client out of pocket.
'No win, no fee' is a popular slogan among personal injury lawyers. You only pay the lawyer if your compensation claim is successful.
The purpose is to provide access to justice on a large scale by removing the upfront costs and many of the risks. Risks may, however, include having to pay disbursements like expert medical costs, barrister fees, printing or photocopying services and possibly the other party's legal fees.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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