Degloving Injury Compensation Lawyers
We are expert compensation lawyers with offices across Queensland including Brisbane, Gold Coast, Sunshine Coast, and major regional centres. We provide free initial advice and 100% risk-free degloving injury claims with no upfront costs back by our No Win, No Fee, No Catch® promise.
If you or a loved one has sustained a degloving injury in Queensland because of someone else's fault or negligence, you may be entitled to claim compensation.
We know that dealing with a compensation claim while recovering from a serious injury like degloving is overwhelming. However, it’s important to seek compensation where possible to ease the financial burden and fund the ongoing treatment and rehabilitation you need.
Smith's Lawyers offers free initial advice with no-obligation appointments. We can meet with you at your home, in hospital, at our office, or over the phone. We operate on a 100% risk-free basis under our No Win, No Fee, No Catch® promise, meaning you'll only ever have to pay if your claim is successful.
Our experienced degloving injury lawyers operate across Queensland, with offices in Brisbane, Gold Coast, Sunshine Coast, and major regional centres in the state to provide you with expert legal advice when you need it most.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After a Degloving Injury
Degloving injuries are some of the most severe traumatic injuries. They have a significant long-term impact on both victims and their families. While specific statistics on degloving injuries in Australia are limited, they usually occur in high-risk industries. They can incur lifetime costs in excess of $1 million because of medical treatment, rehabilitation, lost earning capacity, and ongoing, long term care needs.
If you've suffered a degloving injury in Queensland, you have legal rights to compensation. The key compensation schemes available are:
Road and Car Accidents: Queensland's Compulsory Third Party (CTP) insurance scheme provides compensation for injuries stemming from motor vehicle accidents, including degloving injuries.
Workplace Accidents: WorkCover Queensland provides statutory benefits for workplace injuries. You may also be able to pursue a common law claim for additional compensation if negligence was involved in your degloving injury.
Public Place Accidents: public liability claims can be made against property owners, councils, or businesses where degloving injuries are caused by unsafe conditions or negligent maintenance.
Each degloving injury case is unique, and the compensation available to you will depend on your individual circumstances. This is why it's crucial to seek specialist legal advice as quickly as possible so you can properly understand what you’re entitled to and ensure all potential claims are identified and pursued.
What Is a Degloving Injury?
A degloving injury is when skin and underlying soft tissue are forcibly separated or "degloved" from the muscle, bone, or other bodily structures.
The name comes from the way the skin is peeled away, similar to removing a glove.
These injuries vary, and can be classified as:
- Closed degloving injuries: where the skin remains intact but is separated from the underlying tissue
- Open degloving injuries: where the skin is completely torn away, exposing underlying bodily structures
- Partial degloving: partially affecting a portion of a limb or body part
- Complete degloving: where the skin is completely removed from an entire limb or large area of the body
The majority of degloving injuries affect the hands, fingers, arms, legs, feet, and scalp. Severity can range from minor tissue damage to complete amputation-level trauma requiring extensive reconstructive surgery or prosthetics.
The impact of a degloving injury on daily life and overall well-being is often profound, resulting in:
- Permanent disability and disfigurement
- Chronic pain and reduced mobility
- Loss of sensation and function
- Psychological trauma including depression and PTSD
- Inability to return to previous employment
- Need for ongoing medical treatment and rehabilitation
Common Causes of Degloving Injuries
Most degloving injuries happen during high-force traumatic accidents, with the most common causes including:
Workplace Machinery Accidents
- Industrial rollers, presses, and conveyor systems
- Agricultural machinery and equipment
- Manufacturing equipment malfunctions
- Power tools and rotating machinery
Motor Vehicle and Motorcycle Accidents
- High-speed collisions
- Motorcycle accidents involving road rash
- Vehicle rollovers and crushing incidents
- Pedestrian accidents involving vehicles
Industrial and Construction Accidents
- Falls from height onto
- Crush injuries
- Entanglement in machinery or equipment
- Explosions and blast injuries
Other Traumatic Incidents
- Severe animal attacks
- Sporting accidents involving high-speed contact
- Domestic accidents with power tools or machinery
Workers Most at Risk
There are certain industries and occupations which put workers at significantly higher risk of degloving injuries, such as:
Construction Industry
- Heavy machinery operators
- Scaffolders and steel workers
- Concrete workers and labourers
- Equipment maintenance technicians
Manufacturing Sector
- Factory production line workers
- Machine operators and technicians
- Quality control and maintenance staff
- Materials handling personnel
Agriculture and Farming
- Farm equipment operators
- Livestock handlers
- Harvesting and processing workers
- Machinery maintenance staff
Transport and Logistics
- Truck drivers and heavy vehicle operators
- Loading dock workers
- Warehouse and distribution staff
- Vehicle maintenance technicians
Mining and Resources
- Heavy equipment operators
- Processing plant workers
- Maintenance and repair technicians
- Underground mining personnel
All these industries have an array of strict injury prevention measures, such as proper safety training, machine guarding, personal protective equipment, and regular equipment maintenance.
However, when injuries arise as a result of safety failures, workers have rights to pursue compensation.
The Key Step in the Degloving Injury Claims Process
1. Seek legal advice
The first thing you should do is immediately contact a specialist compensation law firm with expertise in degloving injury claims and intimate knowledge of the complexities of Queensland law. These injuries often cause catastrophic damage and involve complex medical and legal issues that require specialist help.
2. Engage a personal injury lawyer
An expert in degloving injuries from Smith’s Lawyers will explain the compensation process during a no-obligation consultation. They will gather key information on the accident and injury, assess your case, identify the liable party, and clearly explain the client agreement.
Smith's Lawyers runs all claims risk-free under our No Win, No Fee, No Catch® promise.
3. Gather evidence to build your case
Your allocated lawyer will then begin collecting evidence to support your case, such as medical reports, accident reports, witness statements, CCTV or dashcam footage, and proof of loss of earnings. You may also have to undergo independent medical assessments to determine your capacity to work and prospects of recovery.
4. File your personal injury claim
Your solicitor will lodge the notice of claim and negotiate with liable parties and their insurance companies (CTP insurer, WorkCover Queensland, public liability insurers, etc.).
5. Negotiate with the at-fault party's insurer
Your lawyer will enter into negotiations to try and ensure a fair settlement which covers medical expenses, lost wages, pain and suffering, and any future care needs arising as a result of the injury. If it turns out that court proceedings are needed, Smith's No Win, No Fee, No Catch® promise protects you from the other side's legal costs.
6. Settlement payment
If your claim is successful, you will receive a tax free lump sum settlement. The amount depends on the severity of the injury, its impact on your earning capacity, and how much your medical expenses are. Legal fees are only charged in the event of a successful outcome.
Regardless of the nature and circumstances of your injury, it’s important to seek expert legal advice as soon as possible. Smith's Lawyers are experts in personal injury claims, offering Queensland-wide service with free initial advice.
Evidence You'll Need
Building a strong claim for compensation in case of a degloving injury requires an array of detailed evidence:
Medical Documentation
- Emergency department records and ambulance reports
- Specialist medical reports from plastic surgeons, orthopaedic surgeons, etc.
- Diagnostic imaging (X-rays, CT scans, MRI results, etc.)
- Treatment records and surgical reports
- Rehabilitation and physiotherapy records
- Psychological assessment reports
- Independent medical examination reports
Accident and Incident Evidence
- Workplace incident reports and safety investigation findings
- Police reports for motor vehicle accidents
- Witness contact details and statements
- CCTV footage and/or dashcam recordings
- Photographs of the accident scene and equipment involved
- Safety training records and procedures
Financial Documentation
- Employment contracts and pay records
- Tax returns and superannuation statements
- Bank statements showing financial impact
- Medical expense receipts and invoices
- Travel and accommodation costs for treatment
Ongoing Impact Evidence
- Vocational assessment reports
- Occupational therapy evaluations
- Daily living impact assessments
- Family impact statements
- Future care and equipment needs assessments
How Is Degloving Injury Compensation Calculated?
The amount of compensation awarded for degloving injuries is calculated using Queensland's Injury Scale Value (ISV) system, which assigns numerical values based on injury severity. For 2024, each ISV point equals $1,609.30.
Factors Affecting Compensation
- Severity and extent of tissue damage
- Number of limbs or body parts affected
- Degree of permanent disability and disfigurement
- Impact on work capacity and earning ability
- Age and pre-injury earning capacity
- Ongoing medical and care needs
Types of Damages Available
General Damages (Pain and Suffering)
- Based on ISV assessment
- Severe degloving injuries: ISV 40-60+ = $64,372-$96,558+
- Multiple limb involvement can increase ISV significantly
Economic Losses
- Past and future lost wages (often 60-80% of total compensation)
- Lost superannuation contributions
- Reduced earning capacity over the course of working life
Special Damages
- Medical and rehabilitation expenses
- Travel costs for treatment
- Home and vehicle modifications
- Care and assistance costs
- Equipment and prosthetic needs
Compensation Ranges based on serious injury compensation data:
- Moderate degloving injuries: $150,000-$400,000
- Severe single limb degloving: $400,000-$800,000
- Multiple limbs affected and catastrophic cases: $800,000-$2,000,000+
Time Limits for Degloving Injury Claims in Queensland
WorkCover Claims: you have 6 months to lodge the initial claim and 3 years for common law proceedings from the date of the injury
CTP (Motor accidents): you have 9 months to file a Notice of Accident Claim (NOAC) form (or 1 month from lawyer consultation) and 3 years for court proceedings
Public liability claims: you have 3 years from the date of the injury
TPD Superannuation: timeframes depends on the policy, but prompt notification is always strongly advised
Special circumstances apply for people under 18 years of age, who have extended limitation periods available.
Missing these deadlines is very serious and can result in you losing your right to compensation entirely.
Smith's Lawyers offers free case reviews to help you understand your legal rights, and operates on a No Win, No Fee, No Catch® basis to ensure you're never financially disadvantaged.
Frequently Asked Questions
How long does recovery take from a degloving injury?
The time it takes to recover from these types of injuries depends on the severity. Minor degloving can take a few weeks, while severe injuries requiring multiple surgeries can take years. Many patients require ongoing rehabilitation and may never fully recover.
Can I claim through both WorkCover and common law?
Yes, degloving injuries which occur in the workplace may entitle you to both WorkCover statutory benefits (medical costs, weekly payments, etc.) and a separate common law lump sum if you can prove negligence.
What if I need ongoing care and assistance?
The costs of care you may require in the future are a major part of degloving injury compensation, such as domestic assistance, personal care, and nursing support calculated over your lifetime.
How do I access my superannuation for a degloving injury?
TPD (Total and Permanent Disability) claims through your superannuation may be available if your degloving injury prevents you from working.
Members of your family may also be entitled to compensation for care and assistance they provide, loss of consortium, and psychological trauma suffered as a result of witnessing or dealing with your injury.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Degloving Injury Compensation claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
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 help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.