Back Injury Compensation Claims

Suffered from a back injury because of a car accident or in a workplace accident? You may be entitled to claim compensation. Read our guide to find out if you're eligible to make a back injury compensation claim and how to take the first steps.

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Back Injury Compensation Claim Type

Back injuries occur in a number of different circumstances and different conditions. Most commonly you can suffer a back injury as a result of a motor vehicle accident, as a pedestrian or cyclist, a workplace accident, in a public place or through the negligence of a medical practitioner. Injuries sustained to your back can be life-changing and because they are mostly internal injuries, it is, at times, hard for others to understand the pain you are living with.

Back injuries and associated problems can be a significant cause of disability and disrupt your ability to work in the same way you did before your accident. Your mental health may also suffer and it may take over your life. You should never ignore a back injury!

Back Injury at Work

Sustaining a back injury at work is one of the most common injuries reported by Queensland workers. They can occur either through a sudden accident, lack of safe workplace practices or as a result of repetitive movements and tasks over a period of time.

Making a back injury claim through the appropriate workers compensation scheme should not affect your employment, because regulation exists around how employees on workers compensation must be treated.

Learn more about how you might be entitled to make a workcover claim.

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Back Injury Due to a Motor Vehicle Accident

During a motor vehicle accident, the body can sustain high intensity shock and impact which the body can’t effectively absorb, resulting in sprains, strains and soft tissue injuries in the back. The force of the impact can cause muscles, tendons and ligaments in the back to overstretch or tear.

Back injuries are especially common in rear-end collisions where the sudden jolting of the body and head can result in damage to various parts of the spine.

Experienced compensation lawyers will not only be able to assist you in accessing the compensation you may be entitled to, but they can also assist you in accessing the best rehabilitation services needed to help heal your injuries.

Talk with an experienced car accident lawyer for more information.

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Slip and Fall Back Injury

Slip and fall injuries can occur through no fault of your own and may cause many issues, including back and spinal injuries. Slip and falls are common in supermarket settings, uneven footpaths or in car parks and in other public places where care has not been taken to keep people safe.

At the time of the fall or closely following the accident, you may suffer pain, swelling and bruising from the impact. Severe back injuries due to slip and falls can include fractures (a break in bone), surface wounds, extensive bruising and damage to the spinal cord and internal organs. As medical expenses can easily add up after a slip or fall, it's important to seek legal advice from experienced compensation lawyers as soon as you can in order to protect your legal rights.

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What Evidence is Required to Make a Back Injury Claim?

When making a claim for compensation following an injury, you’ll need to prove your back injury is a direct result of the accident you have been involved in, whether it was a motor vehicle accident, a work-related incident, or some other type of incident was the primary cause of your injury. You will also need to show how your injury affects your quality of life, your ability to work as normal and provide for yourself or your family financially.  

If you have injured your back after being involved in a motor vehicle accident, a workplace accident or in a public place it is important to seek medical attention. Be sure to inform your doctor how you sustained your back injury and what symptoms you are having.

When making a claim for compensation, medical evidence is highly regarded and essential to assisting with the compensation process and can determine how much compensation you are entitled to.

This is because important evidence you may need to provide will include medical reports, test results, X-rays and other diagnostic images. Receipts for all your medical expenses, as well as financial records that prove time off work and lost income, are also important.

If your neck injury occurred as a result of a car accident, providing photos of the crash site, as well as the damage to your car, motorbike or bicycle may be useful.

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How Do You Know When Back Pain is Serious?

Any injury to the back’s bones, joints, muscles or nerves can cause pain and discomfort. At times, this pain can be very debilitating. Depending on the severity of your injury, the pain you have can be temporary or last a lifetime. Even a moderate back injury can limit your capacity to work and perform routine daily tasks.

It is important to note that you should seek medical advice immediately, if you feel any of the following symptoms:

  • Pain or tenderness
  • Pain that worsens with movement, coughing or sneezing
  • Difficulty moving or standing up
  • Muscle spasms along your spine
  • Radiating pain down your leg or both legs

After seeking medical advice, understanding your legal rights and options to claim compensation is your next step in the compensation claims process.

Is There a Time Limit for Making a Back Injury Compensation Claim?

In Queensland, there are strict time limits for making claims for compensation for personal injuries. Generally, you have three years from the time the injury occurred for most compensation claims unless you were under 18 when the injury occurred.

There are some exceptions to this, which may apply and we recommend you speak to an experienced compensation lawyer who understands these time limits so you don't have to second guess yourself.

Seeking legal advice as soon as you can may determine how much compensation you receive with minimal legal costs to yourself. We will ensure that your legal rights are protected and you have access to your full entitlements for your personal injury claim.

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How Long do Back Injury Settlements Usually Take?

We will do everything possible to make your compensation claim as smooth as possible. Every back injury claim is different, and sometimes the timeframe for settlement will vary greatly.

The length of time it may take to settle your claim can be dependent on the complexity of your injuries. Time is also needed for your injuries to become stable to determine the likely long-term impacts of your back injury. Our compensation lawyers want to see you receive the compensation entitlements that will assist you to getting back on your feet sooner.

It’s important to try and be patient throughout this process to allow your solicitor to fully assess and pursue your claim, making sure you receive the maximum amount of compensation you’re entitled to.

What are the Average Back Injury Compensation Payouts?

As with predicting time frames for resolving any compensation claim, your solicitor is unlikely going to be able to tell the exact amount of compensation you’ll receive until your injuries are have stabilised.

This is because compensation payouts are dependent on many factors, including the total out-of-pocket medical and rehabilitation costs, time off from work and your future earning capacity, along with any loss of quality of life you’ve had to endure as a direct result of your injuries. Factors such as your age, accident details, pre-accident lifestyle and the type of work you do are also relevant.

After considering these factors, we will work with you to obtain the best possible outcome for your individual circumstances. Our experienced compensation lawyers work hard to support you during the claims process and will ensure you receive the best legal advice to your particular circumstances.

How Much Does it Cost to Lodge a Back Injury Compensation Claim?

As with pursuing any legal action, there are costs involved in bringing a personal injury claim for a back injury. It is important to understand that there will be professional fees to cover work carried out by your solicitor in investigating your claim, providing legal advice and representing you.

We offer a ‘No Win. No Fee. No Catch’® promise, which means there are no upfront costs and you will never be left out of pocket. In the unlikely event that your case goes to court, and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else.

Legal fees are calculated on the amount of work done and will be explained to you in full before your claim for compensation is started and before you sign any kind of agreement.

However, it is important to keep in mind that in Queensland, the charging of professional legal fees in speculative personal injuries matters is regulated and there is a 50/50 rule which caps the fees a law practice can charge in these matters.

This rule states that law is practice is entitled to charge a client no more than half the amount to which they’re entitled to under a judgement 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. These include report fees, investigations, court filing fees and barristers fees if your case ends up going to court.

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Can I Represent Myself When Making a Back Injury Compensation Claim?

Seeking legal advice isn’t required to make a personal injury claim, although it’s highly recommended to engage a firm that has highly experienced compensation lawyers.

Personal injury law can be hard to navigate on your own, there are many legal rights you may not be aware of and without experienced compensation lawyers on your side you may not be successful in your claim for compensation or may not receive the maximum compensation you may be entitled to.

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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