Dislocation 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 dislocation injury claims with no upfront costs and our No Win, No Fee, No Catch® promise, meaning you pay no upfront costs and we'll cover the other side's legal costs if your case goes to court and is unsuccessful.
If you or your loved one has sustained a dislocation injury in Queensland that was someone else's fault or due to negligence, you may be entitled to compensation.
Smith's Lawyers provides free initial advice and no-obligation consultations at your convenience. Our experienced dislocation injury specialists serve clients throughout Queensland, from Brisbane and the Gold Coast to the Sunshine Coast and regional areas, helping injured people understand their rights and pursue fair compensation.
Check your rights today with a free claims check via the form, or call 1800 960 482 anytime to speak with our expert team.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After a Dislocation Injury
Thousands of Queenslanders suffer dislocation injuries each year, with most occurring in workplace incidents. Recent Safe Work Australia data shows that shoulder and knee dislocations are some of the most common joint injuries leading to compensation claims.
The lifetime cost of a severe dislocation injury can end up being very expensive, with more severe cases involving permanent disability sometimes reaching hundreds of thousands of dollars.
As a Queenslander, you have a legal right to compensation. It comes under a range of schemes and depends on how your injury happened, including:
- Road and Car Accidents: Queensland's Compulsory Third Party (CTP) insurance scheme provides compensation for injuries sustained in motor vehicle accidents, covering medical expenses, lost wages and pain and suffering, regardless of who was at fault.
- Workplace Accidents: WorkCover Queensland provides statutory benefits for workplace injuries. You may be eligible for a common law claim for additional compensation if negligence was involved in your dislocation injury.
- Public Place Accidents: public liability claims can be made against property owners, councils or businesses if their negligence played a part in your injury.
- Total and Permanent Disability: if your dislocation injury results in a permanent disability which affects your ability to work, you may be entitled to claim through your superannuation fund's TPD insurance.
Each case is unique, and the compensation schemes in Queensland have different eligibility criteria and processes, which is why specialist legal advice is crucial for maximising your compensation.
What is a Dislocation Injury?
Dislocation is when a joint is forced out of its normal position, typically due to trauma or excessive force. It’s very painful and involves the complete separation of the bone ends that form a joint.
Dislocation injuries can affect any joint, but most commonly:
- Shoulder dislocations - the most frequent, often occurring as a result of falls or sports injuries.
- Knee dislocations - serious injuries that can damage blood vessels and nerves.
- Finger and thumb dislocations - common in workplace accidents involving machinery.
- Hip dislocations - typically result from high-impact trauma like car accidents.
- Elbow dislocations - often seen when people try to break their falls.
Dislocation injuries vary significantly in severity. Simple dislocations can heal within weeks with proper treatment, while more complex cases can cause:
- Permanent joint instability
- Chronic pain and reduced range of motion
- Damage to surrounding ligaments, muscles and nerves
- Increased risk of arthritis and future joint problems
- Complete inability to return to previous work duties
The impact of a dislocation on daily life can be severe, with many people experiencing difficulty with basic activities like dressing, cooking and driving. For workers in physical jobs, these injuries can permanently affect their earning capacity, making compensation claims essential for financial security.
Common Causes of Dislocation Injuries
Dislocation injuries can occur in many different circumstances and places, with each resulting in different types of compensation claims:
Workplace Accidents:
- Heavy lifting incidents causing shoulder or back dislocations
- Falls from height in construction or industrial settings
- Machinery accidents involving fingers, hands and arms
- Patient handling injuries in healthcare settings
- Slips and trips on wet or uneven workplace surfaces
- Vehicle accidents involving work trucks or equipment
Motor Vehicle Accidents:
- Car crashes with sudden impact causing shoulder or hip dislocations
- Motorcycle accidents resulting in multiple joint injuries
- Being struck by a vehicle as a pedestrian or cyclist
- Whiplash-related injuries affecting neck and shoulder joints
- Airbag deployment causing injuries to arms and wrists
Public Place Incidents:
- Slips and falls in shopping centres or public buildings
- Sporting facility accidents due arising from poor maintenance
- Playground equipment failures affecting children
- Uneven footpaths or poorly maintained council areas
- Accidents on public transport due to sudden stops or defective equipment
Sports and Recreation:
- Contact sports injuries during organised activities
- Gym equipment failures or lack of supervision
- Swimming pool accidents due to poor maintenance
- Adventure activity incidents because of inadequate safety measures
The circumstances surrounding your dislocation injury are crucial in determining liability and your right to compensation. Professional legal assistance can help identify liable parties and the best course of action for your claim.
Workers Most at Risk
There are certain industries and occupations which carry significantly higher risks of dislocation injuries, such as:
- Construction and Building: workers are constantly exposed to heavy lifting, working at heights and operating machinery. Workplace injury data shows construction workers have some of the highest rates of shoulder and knee dislocations.
- Healthcare and Aged Care: patient handling, lifting and transferring frequently result in shoulder, back and knee injuries. Night shift workers and those in understaffed facilities face increased risk.
- Manufacturing and Warehousing: repetitive lifting, machinery operation and fast-paced work environments can contribute to both acute and gradual onset dislocation injuries.
- Transport and Freight: truck drivers, delivery workers and freight handlers regularly have to lift heavy things and work in confined spaces, increasing the risk of dislocation.
- Agriculture and Farming: working with livestock, heavy machinery and in remote locations where immediate medical care isn't available all significantly heighten the risk of injury.
- Retail and Hospitality: while less obvious, these industries see a lot of dislocations from lifting stock, working in kitchens and cleaning.
Specific Risk Factors:
- Decreased joint flexibility in people over 40
- Previous joint injuries and/or surgeries
- Inadequate workplace training and/or safety equipment
- Fatigue from long shifts and/or excessive overtime
- Poor workplace ergonomics and/or equipment maintenance
Prevention strategies for dislocations include proper training, adequate rest breaks, mechanical lifting aids and regular workplace safety assessments. When these strategies fail and injuries occur, workers have clear rights to compensation under Queensland law.
Dislocation Injury Claim Process: The Key Steps
1. Seek legal advice
The first step is contacting a specialist compensation law firm with expertise in dislocation injury claims and Queensland law. The different compensation schemes have their own set of requirements, deadlines and processes, which can be overwhelming for injured people to navigate alone.
2. Engage a personal injury lawyer
Your lawyer will explain the process, gather key information about your accident and injury, assess the strength of your case and identify potentially liable parties. The client agreement and fee structure will then be clearly explained.
Smith's Lawyers runs all dislocation injury claims on a completely risk-free basis under our No Win, No Fee, No Catch® promise.
3. Gather evidence to build your case
Your allocated lawyer will begin gathering evidence to support your claim, including medical reports, accident reports, witness statements, CCTV or dashcam footage and documentation of your loss of earnings.
Independent medical assessments may be arranged to determine your work capacity and recovery prospects.
4. File your personal injury claim
Your solicitor will lodge the appropriate notice of claim and begin negotiating with liable parties and their insurance companies. This might involve CTP insurers for motor accidents, WorkCover Queensland for workplace injuries, or public liability insurers for accidents in public places.
5. Negotiate with the at-fault party's insurer
Negotiations aim to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering and future care needs. Most cases are settled during compulsory conference processes, but if court proceedings become necessary, Smith's No Win, No Fee, No Catch® promise protects you from having to pay the other side's legal costs.
6. Settlement payment
Successful claims result in a lump-sum, tax-free payment. The amount depends on several factors, including the severity of the injury, impact on earning capacity and ongoing medical expenses.
We only charge legal fees if we achieve a successful outcome for you.
Always seek expert advice as soon as possible, as each case is unique and time limits apply.
Evidence You'll Need
Building a strong dislocation injury claim requires an array of comprehensive evidence to successfully prove both the injury and its impact on your life, including:
Medical Documentation:
- Emergency department records from the day of injury
- Specialist reports from orthopaedic surgeons and/or sports medicine doctors
- Imaging results (X-rays, MRI, CT scans, etc.) showing the dislocation and any associated damage
- Treatment records such as physiotherapy, surgery and rehabilitation notes
- Ongoing medical certificates and capacity assessments
- Prescriptions and medication records
- Future treatment plans and cost estimates
Accident and Incident Reports:
- Workplace incident reports filed with your employer
- Police reports for motor vehicle accidents
- Incident reports from public places (shopping centres, council buildings, etc.)
- Safety inspection reports or workplace assessments
- Equipment maintenance records if faulty equipment was involved
Witness Information:
- Contact details for anyone who saw the accident
- Witness statements describing what they observed
- Supervisor and/or colleague statements about workplace conditions
- Expert witness reports on safety standards and/or equipment failures
Financial Records:
- Pre-injury payslips and tax returns showing lost earning capacity
- Medical expenses and out-of-pocket costs
- Travel expenses for medical appointments
- Costs of assistance with daily activities
- Modification costs for home and/or vehicle accessibility
Photographic Evidence:
- Photos of the accident scene and any hazards
- Images of your injuries and their progression
- Documentation of safety equipment and/or workplace conditions
- Before and after photos showing functional limitations
Dislocation-Specific Evidence:
- Biomechanical reports explaining how the dislocation occurred
- Occupational therapy assessments of functional capacity
- Return-to-work assessments and workplace modifications
- Evidence of recurrent dislocations and/or ongoing instability
The strength of the evidence you provide will directly impact your compensation. Professional legal representation ensures all relevant evidence is identified, preserved and presented effectively.
How is Dislocation Injury Compensation Calculated?
Compensation for dislocation injuries is calculated based on several key factors, with amounts varying significantly depending on the injury's severity and long-term impact.
Factors Affecting Compensation
Injury Severity and Location: shoulder dislocations typically receive larger median payouts than knee dislocations. More complex injuries involving multiple joints or permanent instability often receive higher compensation.
Impact on Work Capacity: the most significant factor is how the injury affects your ability to earn income. If you are completely unable to return to your previous occupation because of a dislocation, compensation will increase substantially, particularly for younger claimants with longer working lives ahead.
Types of Damages Available
Economic Damages:
- Past and future lost wages and superannuation
- Medical expenses and rehabilitation costs
- Domestic assistance and care needs
- Vocational retraining expenses
- Home and vehicle modifications
Non-Economic Damages:
- Pain and suffering experienced
- Loss of enjoyment of life activities
- Psychological impact and mental health effects
- Relationship and social impacts
Compensation Ranges by Scheme
WorkCover Queensland: provides statutory benefits and potential common law claims. Workplace compensation data shows payments covering medical costs and weekly benefits, with lump sum settlements for permanent impairment.
CTP Motor Accident Claims: range from $30,000 for minor dislocations to $200,000+ for severe cases with permanent disability.
Public Liability Claims: highly variable depending on circumstances, from $25,000 for simple dislocations to $500,000+ for complex cases with ongoing disability.
- TPD Superannuation Claims: can reach very high numbers for younger claimants who can never return to work due to severe dislocation injuries.
Calculation methods consider your specific circumstances, age, occupation and the injury's long-term prognosis.
Professional assessment from dislocation injury experts will ensure you receive maximum compensation under the applicable scheme.
Time Limits for Dislocation Injury Claims
Queensland's compensation schemes have strict time limits that can result in your claim being rejected if missed:
WorkCover Claims:
- 6 months to lodge initial claim for statutory benefits
- 3 years to commence common law proceedings for additional compensation
- Special provisions may extend deadlines in exceptional circumstances
CTP Motor Accident Claims:
- 9 months to lodge Notice of Accident Claim (NOAC) form
- 1 month from first consulting a lawyer (if beyond 9 months)
- 3 years to begin court proceedings
Public Liability Claims:
- 3 years from the date of injury to commencement of legal proceedings
- Earlier notification to potential defendants is advisable
TPD Superannuation Claims:
- Deadlines vary by fund policy (typically 6 months to 2 years)
- Some policies require claims within specific timeframes after stopping work
Special Circumstances:
- Claimants under 18 years have extended time limits
- Mental incapacity may pause limitation periods
- Discovery of injury-related conditions may extend deadlines
Important Considerations:
- Time limits are strictly enforced by courts and insurers
- Gathering evidence becomes more difficult as time passes
- Witness memories fade and records may be destroyed
- Seeking legal advice as early as possible increases your options and strengthens your claim
Smith's Lawyers offers free case reviews to help you understand your legal rights and ensure critical deadlines are met. We operate on a No Win, No Fee, No Catch® basis, providing risk-free assistance to protect your compensation entitlements.
Frequently Asked Questions
Can I claim compensation if my dislocation injury was partially caused by a pre-existing condition?
Yes, you can still claim compensation even with pre-existing conditions. Queensland law recognises that accidents can aggravate and worsen existing problems, but the key is proving that the incident contributed to your current disability.
Clear medical evidence demonstrating the difference between your pre- and post-injury condition is essential.
How long does it take to receive compensation for a dislocation injury?
Timeframes can vary dramatically depending on the complexity of your case and the compensation scheme involved. Simple WorkCover claims might be resolved in 6-12 months, while more complex common law or TPD claims could take 18-36 months.
Seeking early legal representation can help speed up the process by ensuring you have all the proper documentation from the start.
What if my employer disputes that my dislocation injury was work-related?
Employer disputes are common but don't prevent you from pursuing a claim. WorkCover Queensland investigates disputed claims and makes independent determinations.
Proper legal representation is essential when gathering evidence to prove the work-related nature of your injury.
Can I claim compensation for a dislocation injury that occurred a long time ago?
This depends on when you first became aware of the injury's full impact, as well as the applicable limitation periods. Certain conditions develop gradually and time limits may run from when you first knew, or should have known, about the injury's connection to your work or accident.
Legal advice can assess whether your claim remains viable in the case of old injuries.
No, making a claim won’t negatively impact the medical care you’re receiving. In fact, compensation can provide the resources for better treatment options, but keep in mind that insurance companies may require independent medical examinations as part of the claims process. Your treating doctors remain responsible for your ongoing care.
If you cannot return to your previous occupation because of a dislocation, you may be entitled to significant compensation for lost earning capacity. This includes retraining costs, the difference between your previous and current earning potential and, in severe cases, TPD benefits for permanent inability to work in a suitable occupation.
Smith's Lawyers operates on a No Win, No Fee, No Catch® basis, which means you don’t pay any upfront costs and legal fees are only taken from successful settlements.
If your case goes to court and is unsuccessful, we cover the other side's legal costs, ensuring you're never out of pocket.
In certain circumstances, family members may have separate claims for nervous shock or loss of consortium. Family members who provide you care may also be compensated for their services as part of your main claim. Each situation is assessed individually based on the specific impacts of the injury and the relationships involved.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to dislocation 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.