If you've sustained a hand injury while on the road, at work, or in a public place in Queensland, you may be entitled to compensation.
Making a claim isn't about blaming someone; it's a way to ensure that you have financial peace of mind while recovering from your injury.
On this page, we'll explain what your rights to claim are, talk you through some common causes and types of hand injuries, explain how to make a claim, time limits for claiming, and some frequently asked questions.
Smith's Lawyers team of personal injury claim experts offer free initial advice and no-obligation appointments at home, in hospital, in-office, or via phone. All claims have no upfront costs or risks of being left out of pocket under our No Win, No Fee, No Catch® promise. We operate Queensland-wide.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After a Hand Injury in Queensland
If you've experienced a hand injury through a road, work, or public place accident, it's essential to know that you're entitled to claim compensation.
Hand injuries can lead to substantial disruption in your personal and professional life, impacting your ability to work, perform everyday tasks and enjoy your usual activities.
In Queensland, there are several compensation schemes you could be eligible for:
- Work Accidents: If your hand injury occurred in the workplace, there are two primary paths for compensation. The first is a statutory claim through Workcover Queensland or your employer's workplace compensation insurer if they are self-insured. You can make this claim regardless of who was at fault. Common law claims are also an option if your employer was negligent and this has resulted in your injury.
- Car or Road Accidents: Queensland's Compulsory Third Party (CTP) insurance covers personal injuries sustained while on the road, where another road user was at fault.
- Public Liability Claims: If your hand injury occurred in a public place, you may be entitled to submit a common law claim against the public liability insurer for the area. This could cover injuries sustained in public spaces or commercial premises. Learn what you can claim for in a public liability compensation claim.
With so many options available, speaking to a solicitor could help you understand what is the best option for your compensation claim.
A hand injury refers to any form of harm or damage that occurs to one's hand, which can impact the bones, joints, muscles, ligaments, tendons, skin, or nails. It can result from several types of accidents including road accidents, work-related accidents, or in public places.
These injuries can range from minor cuts and bruises to more severe cases such as fractures, burns, crush injuries, sprains, and amputations. Hand injuries can significantly affect an individual's ability to work and carry out everyday tasks and may therefore be eligible for compensation.
No matter your occupation, hand injuries can disrupt your life in a flash. According to WorkSafe Australia, they're one of the most common areas of the body to be injured.
There are many reasons you could suffer a hand or wrist injury, including:
- Road Accidents: Even a small bump with little or no damage to your vehicle, could still come with hand injuries. In more severe cases, it could lead to broken bones or even amputations. Fifty percent of transport-related hospitalisations in 2021-22 resulted in treatment for a fracture.
- At Work: For many Queenslanders, their livelihood involves manual labour. Repetitive strain injuries from tools like keyboards and hammers are a common concern. Construction and agricultural work presents risks of cuts, crushes and punctures. Sprain and strain claims made up about 28.5 percent of WorkCover Queensland claims in 2021-22. You could be entitled to make a claim where your employer hasn't put appropriate safeguards in place.
- Sports: From the cricket pitch to the netball court, even recreational activities can lead to hand injuries. Dislocated fingers, thumb injuries, sprained wrists, and bruised knuckles are unfortunately not unheard of.
- A Trip or a Fall: If you're out and about and stumble over an uneven pavement or slip on a wet floor, you could injure your hands by putting them out to protect your body. This could entitle you to a claim.
- Nature: Queensland's stunning natural environment can sometimes pack a punch. Coral cuts, jellyfish stings, and even spider bites can all leave your hands feeling worse for wear. Sunburn, while not an immediate injury, can also cause significant discomfort to your hands.
Hand injuries can vary greatly in severity, from minor sprains to debilitating fractures.
Common symptoms may include:
- Fractures and dislocations: This will likely involve a trip to the hospital. You should look out for any signs of deformity, where your hand might look visibly out of place. If your hand has severe pain or a loss of movement, you should consult a medical professional.
- Soft tissue injuries: Muscles, tendons, and ligaments can get strained, sprained, or even torn. This often comes through overuse or awkward movements of your hands. Be sure to watch for sharp pain, swelling, tenderness, weakness, and decreased grip.
- Cuts and puncture wounds: These can be anything from kitchen mishaps to accidents in the workplace. Deep cuts could have left you with scarring or reduced hand function.
- Nerve injuries: When the delicate nerves in your hand get damaged, it can affect sensation and movement. If you feel numbness, weakness or an inability to hold things correctly, you should speak to a doctor.
There isn't a job out there that doesn't require the use of your hands. However, some people will be at a higher risk than others of getting injured.
These include:
- Tradespeople and manual workers: From construction sites to farms, their livelihoods involve constant exposure to tools, machinery, and hazardous materials. Repetitive motions, heavy lifting, and working with sharp objects make them prime candidates for cuts, crushes, strains, and fractures.
- Fishermen and seafood workers: From handling sharp fishing hooks and nets to processing slippery fish, these individuals face a constant threat of cuts, punctures, and repetitive strain injuries.
- Office workers: While not as physically demanding as other occupations, prolonged keyboard use and poor posture can lead to several hand conditions, such as carpal tunnel syndrome and tendonitis.
- Hairdressers and barbers: These professionals spend their days wielding sharp tools and handling chemicals, putting their hands at risk for cuts, burns, and dermatitis.
Understanding The Compensation Claims Process
Before you start the hand injury compensation claims process, you must speak to a doctor who will diagnose and keep a record of your injury.
The hand injury claims process can be complicated, so we've broken down the general steps you'll go through when looking to make a claim.
Below is an outline of the steps involved:
1. Seek Free Initial Legal Advice
The first step is to get in touch with a law firm that specialises in compensation claims for injuries. Such a firm will have the necessary expertise and understanding of the complexities of Queensland law and can confirm your legal options, including eligibility to make a claim.
2. Engage A Personal Injury Lawyer
After an initial phone assessment, the next stage is a no-obligation consultation to explain the process and client agreement in more detail and to gather initial key information relating to your accident and injury to help assess your case and your injury and identify the liable party. The client agreement will also be explained so you can understand the terms under which the personal injury law operates. Smith’s Lawyers runs all claims risk-free with no upfront costs.
3. Gather Evidence To Build Your Case
Once your compensation matter is opened, you will be allocated a personal injury lawyer who will start gathering the required evidence to build a strong case and to determine liability. This may include medical reports, accident reports, witness statements, CCTV or dashcam footage or documentation of any loss of earnings due to your injury. Further down the track, when your injuries have settled, your law firm may arrange for independent medical assessments such as occupational therapy assessment to assess your ability to work, long-term recovery prospects and so on.
4. File Your Claim
Your personal injury solicitor will lodge a notice of claim and negotiate on your behalf with the liable parties, typically with their insurance companies (or their legal representatives), such as the CTP insurer of the at-fault party for car and road accidents or WorkCover Qld for workplace accidents.
5. Negotiate With The At-Fault Party's Insurer
Negotiations with the insurance company aim to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
Most cases are settled out of court in a compulsory conference, an office-based meeting involving yourself, your personal injury solicitor and a barrister they have engaged in leading the negotiations along with the legal representatives of the at-fault party's insurer.
In the unlikely event that a settlement cannot be negotiated out of court, proceedings can proceed to court. In most ‘no win, no fee’ agreements, you could be liable for the other side's legal costs if your case is unsuccessful in court. Smith’s Lawyers No Win, No Fee, No Catch® promise protects you from this risk and means you can not be out of pocket.
6. Settlement Payment
If your claim is successful, you will receive a lump-sum tax-free compensation settlement. The amount received will depend on different factors, including the severity of your injury, any impact on your earning capacity, and any medical expenses incurred. Legal fees are charged for the work completed only if there is a successful outcome.
Seek expert advice ASAP: Remember, each case is unique, and the process can vary based on the specifics. It's suggested to seek professional legal advice and have your case reviewed by an expert team to guide you in this journey. Smith's Lawyers are experts in personal injury claims and offer a Queensland-wide service with free initial advice to get you started in your claim process.
What Evidence Do I Need to Support My Hand Injury Claim?
When lodging a claim for hand injury compensation in Queensland, you must gather and present certain pieces of evidence. This necessary documentation will substantiate your claim and maximise your potential compensation.
Here's a highlight of specific pieces of evidence needed:
- Medical Reports: Comprehensive medical documents that detail the extent of your hand injury, treatments needed and the ongoing impact on your life. These medical reports should ideally come from your treating doctor or medical professional who can vouch for your condition.
- Details of Expenses: Maintaining a meticulous record of all expenses you incurred due to the injury is crucial. These can include invoices and receipts relating to medical expenses, rehabilitation costs, and any out-of-pocket expenses associated with your injury.
- Proof of Lost Earnings: Documentation or proof of any income lost due to your inability to work post-injury. This could be payslips, tax returns, or other relevant financial records showing your typical income before and after the injury.
- Witness Testimonies: Statements from anyone who can verify the circumstances of the accident. This might be witnesses to the incident, colleagues, family, or friends who can attest to your post-accident condition.
- Proof of Accident: This might include accident or incident reports, photographs of the accident site, CCTV footage, or any Safety Compliance Notices issued at your workplace.
Each injury case is unique, so the requirements for evidence might vary depending on individual circumstances. You should seek legal advice as soon as possible to protect your rights.
Calculating Your Compensation Amount
The precise amount of compensation you receive differs on a case-by-case basis, considering various factors such as:
- The severity of your injury: More serious injuries leading to long-term impairment or functional limitations will typically qualify for greater compensation.
- The impact on your life: If you cannot do activities you used to enjoy or require long-term assistance, this could entitle you to a higher payout.
- Lost wages: If you have to take time out to recover or have lost the potential to earn more, this will be considered.
- Medical care: The cost of any bills associated with your injury or if you require long-term treatment. These expenses can also be included in the compensation claim.
- Your Age: Younger people are more likely to receive higher payouts because their injuries could have a longer impact on their lives than those who are older.
These are just some of the factors that can be taken into account when the courts or a tribunal are deciding how much compensation to award. Learn more about how personal injury compensation claims are calculated.
Time Limits for Hand Injuries
It's important to understand that you only have a limited amount of time to claim for your hand injury. The general rule for making a compensation claim in Queensland is that it must be submitted within three years of the date when the injury occurred.
There are also some specific rules, dependent on circumstances.
For work-related injuries in Queensland:
- You have six months to lodge your claim with WorkCover. The six-month period begins whenever the incident takes place, either when you are injured or after a doctor has made their assessment.
- You have three years to commence legal proceedings for a common law claim. If your employer or a third party caused or contributed to your injury, this can be run alongside a standard WorkCover claim.
For motor vehicle-related injuries in Queensland:
- You have 9 months from the date of the accident or when injuries first became apparent to lodge a Notice of Accident Claim Form (known as a 'NOAC') with the Compulsory Third Party Insurer (CTP Insurer). A “reasonable excuse for delay” can be provided outside the 9 months but must be within 3 years of the accident, or you will be barred from making a claim.
- Or, you have 1 month from when you first consult with a lawyer about the possibility of making a claim to lodge the form. When running a claim with Smith’s Lawyers, your appointed solicitor will help you complete and submit this form. Note: This time limit is the earlier of the two (1 month vs 9 months), so if you have spoken to a lawyer about your potential claim, you must lodge the NOAC within 1 month.
- Where the motor vehicle at fault cannot be identified (such as in a hit and run), or the vehicle was unregistered, you have 3 months from the date of the accident to lodge a Notice of Accident Claim form with the Nominal Defendant. For these claims, if you have missed the 3-month period, a reasonable excuse can be provided, but it must be provided within the standard 9-month limit; otherwise, you will be barred from making a claim.
- After the Notice of Claim Form is lodged, you have 3 years from the date of the accident/injury to start legal proceedings.
These limits can fluctuate based on specific circumstances, such as exceptional delays in discovering the injury or if the injured party was under 18 at the time of the accident. For those under 18, the time limit begins when they reach adulthood.
At Smith's Lawyers, we offer free and no-obligation case reviews to aid you in understanding your legal rights after an injury. Operating on a No Win, No Fee, No Catch® basis, we aim to provide risk-free legal assistance and advocate for your right to proper compensation.
Frequently Asked Questions
Several factors determine whether you can claim compensation. Generally, you must demonstrate that someone else was responsible for your injury (negligence). This could be an employer, another individual or a product manufacturer.
Your hand injury has to have directly resulted from their negligence, and you suffered financial losses or physical/emotional harm due to the injury. Consulting with a lawyer is crucial to assess your specific situation and whether a claim is viable.
Your solicitor will be able to provide you with more information about what you need. Common documentation to strengthen your case can include: medical records detailing your diagnosis, treatment and prognosis; proof of lost income, such as payslips or tax returns; photos or videos of your injury and its impact on your daily life and witness statements, if any, supporting your version of events.
Hand injuries can profoundly influence a person's ability to carry out their everyday tasks, especially those relevant to their occupation. Depending on the severity of the injury and the type of work someone does, hand injuries can lead to decreased productivity, physical limitations, time off work, or even permanent disability.
To add to this, hand injuries can lead to a series of psychological issues. Dealing with chronic pain, adapting to changes in functioning, or managing stress from reduced income can contribute to developing mental health problems such as anxiety and depression.
No; our No Win, No Fee, No Catch® promise at Smith’s Lawyers means there are no upfront costs, and you can never be left out of pocket as a result of the claim. Typically with ‘no win, no fee’ agreements, you could still be liable for the other side's legal costs if your case goes to court and is unsuccessful. 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.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options Elbow 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.