Concussion & Mild Traumatic Brain 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 claims with no upfront costs and our No Win, No Fee, No Catch® promise for concussion and mild traumatic brain injury compensation claims.
If you or a loved one has suffered a concussion or mild traumatic brain injury in Queensland due to someone else's fault or negligence, you may be entitled to compensation.
We understand that dealing with the aftermath of a brain injury can be overwhelming, especially as the symptoms of concussion and mild traumatic brain injury can significantly impact your ability to work and quality of life. Compensation can ease the financial burden of medical expenses, lost wages and ongoing care.
Smith's Lawyers offers free initial advice with no-obligation appointments. We operate under our unique No Win, No Fee, No Catch® promise, so you pay nothing upfront and face no financial risk.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After Concussion & Mild Traumatic Brain Injury
Concussion and mild traumatic brain injury (mTBI) affect thousands of Queenslanders each year. These injuries can occur in workplace accidents, road crashes and public places, and they often have consequences that extend well beyond the initial injury.
The lifetime cost of managing a traumatic brain injury can be substantial, particularly when ongoing cognitive rehabilitation, specialist medical care and workplace modifications are required. Understanding your legal rights is crucial to ensuring you receive the support and compensation you need for recovery.
In Queensland, several compensation schemes may apply depending on how your injury occurred:
Road and Car Accidents: Queensland's Compulsory Third Party (CTP) insurance scheme provides compensation for injuries sustained in motor vehicle accidents. CTP claims can cover medical expenses, lost wages and compensation for permanent impairment resulting from concussion or mTBI.
Workplace Accidents: WorkCover Queensland provides statutory benefits such as weekly payments, medical expenses and lump sum payments for permanent impairment. Common law claims may be available in cases where employer negligence contributed to the injury, which could lead to significantly higher compensation.
Public Place Accidents: Public liability claims can be pursued when injuries occur due to negligence by property owners or operators, such as unsafe premises leading to slips, trips or falls that result in head injuries.
It's important to note that each case is unique and the specific circumstances of your injury will determine which compensation pathways you can take. Seeking specialist legal advice early is essential to protect your rights and ensure you don't miss critical deadlines.
What is Concussion & Mild Traumatic Brain Injury?
Concussion and mild traumatic brain injury occur when the brain is shaken or jolted inside the skull, usually as a result of a blow to the head or sudden movement. Despite being classified as "mild," these injuries often have serious and long-lasting effects on cognitive function, emotional well-being and ability to work.
A concussion is essentially a type of mild traumatic brain injury which temporarily affects brain function. These injuries disrupt normal brain activity, resulting in a range of symptoms that can appear immediately or develop in the hours or days following the incident.
Severity Classifications
Brain injuries are typically classified into three categories:
- Mild (including concussion): brief loss of consciousness (if any), confusion and disorientation lasting less than 24 hours
- Moderate: loss of consciousness lasting between several minutes and hours, with confusion lasting days to weeks
- Severe: extended unconsciousness or amnesia, with significant ongoing cognitive impairment
Common Symptoms
Concussion and mTBI have physical, cognitive, emotional and sleep-related symptoms, including:
- Physical symptoms: headaches, nausea, vomiting, dizziness, balance problems, sensitivity to light or noise and fatigue
- Cognitive symptoms: difficulty concentrating, memory problems, confusion and feeling mentally "foggy"
- Emotional symptoms: irritability, anxiety, depression, mood swings and personality changes
- Sleep disturbances: sleeping more than usual, difficulty falling asleep and restlessness
Impact on Daily Life and Work Capacity
Concussion and mTBI can significantly impact a person's ability to do their job, particularly in roles which require concentration, decision-making and/or physical coordination. Many people have difficulty returning to their pre-injury work capacity, which can result in reduced earning potential, the need for workplace accommodations or even career changes.
The unpredictable nature of symptoms often make it a challenge to maintain consistent work performance, leading to financial problems at a time when medical expenses are mounting.
This is why securing appropriate compensation is crucial both immediately after the incident and for long-term financial security.
Common Causes of Concussion & Mild Traumatic Brain Injury
Understanding the most common ways concussion and mTBI happen can help identify liability and the appropriate pathway for your claim.
Road and Motor Vehicle Accidents
- Vehicle collisions causing rapid head movement (whiplash-type injuries)
- Impact with vehicle interior (steering wheel, dashboard, windows, etc.)
- Pedestrian or cyclist accidents
- Motorcycle accidents where head impact occurs despite helmet use
- Bus or train accidents which cause passengers to be thrown around
Workplace Incidents
- Falls from height (scaffolding, ladders, roofs, etc.)
- Slips, trips and falls on same level surfaces
- Being struck by falling objects
- Accidents involving machinery
- Workplace assaults or violence
- Vehicle accidents during work
- Construction site accidents
Public Place Accidents
- Slips and falls in shopping centres, restaurants, public buildings, etc.
- Sports-related injuries in recreational facilities
- Playground accidents
- Swimming pool incidents
- Assaults in public spaces
- Poorly maintained premises leading to falls
Other Common Scenarios
- Head injuries caused by defective products
- Medical negligence
- Falls due to poorly maintained public infrastructure
- Accidents in entertainment venues or at events
The determining factor in compensation eligibility is whether the injury resulted from someone else's negligence or breach of duty of care. This might include employers failing to provide adequate safety measures, property owners not maintaining safe premises or others driving recklessly.
Workers Most at Risk
There are industries and occupations which come with higher risks of concussion and mild traumatic brain injury due to the nature of the work environment and activities involved.
High-Risk Industries
Construction and Building: workers face risks from falls, being struck by objects and equipment accidents. Recent legislative changes have strengthened safety requirements and compensation rights for construction workers.
Transport and Logistics: truck drivers, delivery personnel and warehouse workers are at increased risk of vehicle accidents and manual handling incidents involving head injury.
Healthcare: healthcare workers can sustain head injuries from patient-related incidents, slips and falls and workplace violence.
Mining: underground and surface mining operations present risks from equipment accidents, falls and being struck by objects.
Manufacturing: factory workers could be injured by machinery, falling objects or slips and falls in industrial settings.
Agriculture: farm workers face risks from livestock, machinery and falls from height.
Security and Emergency Services: police, security guards and emergency responders may sustain head injuries during confrontations or rescue operations.
Specific Risk Factors
- Working at heights without proper fall protection
- Operating heavy machinery or vehicles
- Handling hazardous materials
- Working in environments with poor lighting or maintenance
- Inadequate personal protective equipment
- Insufficient safety training or procedures
- Fatigue or shift work affecting concentration
- Workplace violence or aggressive behavior from others
Prevention and Employer Obligations
Employers have a legal duty to provide a safe workplace and implement risk management strategies. This includes providing appropriate training and safety equipment, as well as maintaining safe work environments.
If workers sustain brain injuries as a result of their employer's failing in these obligations, both statutory WorkCover benefits and common law compensation may be available.
Concussion & Mild Traumatic Brain Injury Claim Process: The Key Steps
The compensation claim process can seem overwhelming, especially when dealing with the effects of a brain injury.
Here's a clear breakdown of how to go about it:
1. Seek Legal Advice
The first and most crucial step is contacting a specialist compensation law firm with expertise in concussion and mild traumatic brain injury claims. Queensland's compensation laws are complex, with a range of different schemes depending on where and how your injury happened.
Seeking legal advice as early as possible ensures you understand all your rights, adhere to critical deadlines and take the right steps to protect your claim from the outset.
2. Engage a Personal Injury Lawyer
During the initial consultation, your lawyer will explain the claims process in detail, gather key information about your accident and injury, assess the strength of your case and identify the liable party. They will then explain the client agreement and how the process works.
Smith's Lawyers runs all claims on a completely risk-free basis under our No Win, No Fee, No Catch® promise, which means you never pay anything upfront and face no financial risk even if your case proceeds to court.
3. Gather Evidence to Build Your Case
Your allocated lawyer will gather all the necessary evidence to support your claim. This includes medical reports from your doctors, accident reports from employers or the police, witness statements, CCTV or dashcam footage if available and documentation of your loss of earnings.
Independent medical assessments may be arranged to properly evaluate your current work capacity and outlook for future recovery.
4. File Your Personal Injury Claim
Your lawyer will lodge the notice of claim and begin negotiations with the liable parties and their insurance companies. This might involve WorkCover Queensland for workplace injuries, CTP insurers for road accidents or public liability insurers for other incidents.
Each of these schemes has their own specific procedures and requirements.
5. Negotiate with the At-Fault Party's Insurer
In the negotiation phase, your lawyer will try to achieve a fair settlement that adequately covers your medical expenses, lost wages, pain and suffering and future care needs.
Most cases are resolved through compulsory conference or mediation processes, but if court proceedings become necessary, Smith's No Win, No Fee, No Catch® promise protects you from the other side's legal costs to ensure you’re financially protected.
6. Settlement Payment
If your claim is successful, you’ll get a tax-free compensation payment. The amount you receive depends on the severity of your injury, the impact on your earning capacity, ongoing medical expenses and pain and suffering.
Legal fees are only charged if a successful outcome is achieved.
Seek expert advice ASAP: each mTBI case is unique, and the specific circumstances of your injury will determine the best approach, which is why hiring someone who knows what they’re doing is so important.
Smith's Lawyers are experts in personal injury claims, offering a Queensland-wide service with free initial advice to help you understand your options and protect your rights.
Evidence You'll Need
To build the strongest possible compensation claim, you’ll need to gather comprehensive documentation and evidence, including:
Medical Documentation
- Initial emergency department or GP records following your injury
- Specialist reports from neurologists/neurosurgeons
- Neuropsychological testing results showing cognitive impact
- Ongoing treatment records from physiotherapists, occupational therapists and/or psychologists
- Medication records and pharmacy receipts
- Medical certificates showing time taken off work
- Future treatment plans and cost estimates
Accident and Incident Reports
- Workplace incident reports filed with your employer
- Police reports for road accidents or public place incidents
- Security reports for incidents in shopping centres or public venues
- Insurance company reports (if already filed)
- Photos of the accident scene, your injuries and any relevant conditions
Witness Information
- Contact details for anyone who saw the accident happen
- Written statements from witnesses describing what they saw
- Coworker statements about changes in your work performance or behaviour
- Family statements about how the injury has affected your daily life
Financial Records
- Payslips for the period before your injury to establish earning capacity
- Tax returns showing your income history
- Bank statements demonstrating financial impact of the incident
- Receipts for medical expenses, travel to appointments, care costs, etc.
- Documentation of any benefits received (WorkCover, Centrelink, etc.)
- Evidence of career progression or promotional opportunities affected
Concussion-Specific Evidence
- Detailed diary of symptoms and their impact on daily activities
- Records of cognitive difficulties affecting work and/or personal tasks
- Documentation of disturbances to sleep and their effects
- Evidence of personality or mood changes noticed by family and friends
- Workplace accommodation requests or modifications needed
- Educational or training records showing pre-injury cognitive abilities
Gathering this evidence early is crucial, as some information may become harder to obtain over time. Your lawyer will help organise the collection of evidence and ensure nothing important is missed.
The amount of compensation for concussion and mTBI varies depending on the severity of your injury, its impact on your life and capacity to work and which compensation scheme applies to your case.
Factors Affecting Compensation Amounts
Severity and Duration of Symptoms: typically, the more severe or long-lasting the symptoms, the higher the compensation. Persistent cognitive difficulties, chronic headaches or ongoing balance problems increase compensation.
Impact on Earning Capacity: if your injury affects your ability to work in your chosen profession or reduces your working hours, compensation will reflect these economic losses.
Age and Career Stage: younger people with longer working lives ahead generally receive more compensation because of future economic losses.
Pre-injury Income: higher earners often get more compensation for lost wages and reduced earning capacity.
Medical and Care Costs: current and future medical expenses, rehabilitation costs and any need for ongoing care or support services.
Types of Damages Available
Economic Damages: lost wages, reduced earning capacity, medical expenses, rehabilitation costs, care and assistance expenses.
Non-economic Damages: pain and suffering, loss of enjoyment of life, relationship impacts and psychological consequences.
Compensation Ranges by Scheme Type
WorkCover Statutory Benefits:
- 85% of Normal Weekly Earnings (NWE) or the amount under industrial instrument, whichever is greater for the first 26 weeks
- Medical expenses covered
- Lump sum payments for permanent impairment of 1% or greater
- Mild cases with full recovery: $50,000 - $150,000
- Moderate cases with ongoing symptoms: $150,000 - $500,000
- Severe cases with permanent disability: $500,000+
CTP Claims: Similar ranges to common law, depending on the degree of permanent impairment and fault determination.
TPD Claims:
- TPD assessments focus on your inability to work in your own or any occupation
- Typically range from $50,000 to $300,000+ depending on policy terms and degree of disability
While each case is unique, individual circumstances significantly impact compensation amounts. Factors such as the strength of evidence, quality of medical reports and negotiation skills of your legal team also play crucial roles in achieving optimal outcomes.
Time Limits for Concussion & Mild Traumatic Brain Injury Claims
Queensland has strict time limits for making compensation claims. Missing these deadlines can result in losing your right to compensation entirely, so knowing the timeframes is crucial for protecting your legal rights.
WorkCover Claims
- Initial Claim: 6 months from the date of injury to lodge your WorkCover claim
- Common Law Proceedings: 3 years from the date of injury to commence court proceedings for common law damages
- Notice of Assessment: you have 20 business days to accept or reject a lump sum offer from WorkCover
CTP (Motor Vehicle Accidents)
- Notice of Claim: 9 months from the date of injury or 1 month from when you first consult a lawyer about your claim
- Court Proceedings: 3 years from the date of injury to commence legal action
- Minor Injury: special rules apply if your injury is classified as minor under the scheme
Public Liability Claims
- General Rule: 3 years from the date you became aware (or should reasonably have become aware) of your injury
Special Circumstances for Under-18s
- Extended Time Limits: if you were under the age of 18 when the injury occured, time limits generally don't start until you turn 18
- Guardian Applications: a parent or guardian can make claims on behalf of minors
- Court Approval: settlements for minors require court approval to ensure the child's interests are protected
Important Considerations
Certain brain injury symptoms, particularly cognitive effects, might not become apparent immediately after the accident. In these cases, time limits may start from when you first became aware of the injury, and its connection to the accident, rather than the date of the accident itself.
It’s important to remember that courts interpret these extensions strictly, so it's always better to seek legal advice as soon as possible after any accident that might have caused a head injury, even if initial symptoms seem minor.
Don't risk missing crucial deadlines: Smith's Lawyers offers free case reviews to help you understand your legal rights and ensure all deadlines are met. We operate on our No Win, No Fee, No Catch® basis, so there's no financial risk involved.
Frequently Asked Questions
What should I do immediately after sustaining a concussion or mild traumatic brain injury?
Seek immediate medical attention, even if symptoms seem mild. Concussion symptoms can start to develop in the hours or days after an accident, so having medical documentation from the outset is crucial for your health and any potential claim. Report the incident to your employer (if work-related), police (if a road accident) or the property manager (if in a public place). It’s also a good idea to take photos of the scene and get contact details from any witnesses if possible.
How long does it take to recover from a concussion or mTBI?
Recovery times vary significantly between cases. While many people recover within a few weeks, some may experience symptoms that last much longer. The severity of the initial injury, your age, previous head injuries and how well you follow medical advice all affect recovery.
Can I return to work after a concussion, and what if I can't perform my usual duties?
Many people return to work after a concussion, but it depends on the nature of your job and your symptoms. You may need workplace accommodations such as reduced hours, modified duties or changes to your work environment.
Recent legislative changes have strengthened your rights to rehabilitation and return-to-work support. If you can't return to your previous role, you may be entitled to retraining or compensation for reduced earning capacity.
How does a concussion or mTBI affect my family and relationships?
Brain injuries can have a significant impact on relationships because of personality changes, mood swings, irritability and cognitive difficulties. Family members often become carers in these cases, which puts strain on relationships and finances. Some schemes recognise the impact of concussion or mTBI on family members, and may provide compensation for care and assistance provided by relatives or relationship breakdown caused by the injury.
WorkCover provides statutory benefits such as weekly payments, medical expenses and lump sums for permanent impairment, regardless of fault. Common law claims require proving negligence but can provide much higher compensation. You can receive WorkCover benefits while pursuing a common law claim, but accepting certain lump sum payments may affect your common law rights.
Yes, you can still claim compensation if your accident made a pre-existing condition worse. The compensation will reflect the degree to which the accident contributed to your current state. In these cases, medical evidence is crucial for distinguishing between pre-existing symptoms and those caused by the recent injury.
This is common with brain injuries. Symptoms can come on gradually and you may not realise their connection to the accident at first. Time limits for claims may begin from when you first became aware of the injury and its link to the accident, rather than the accident date, but it's always better to seek legal advice as soon as possible after any head trauma.
Neuropsychological testing can objectively measure cognitive function and compare it to expected norms for someone of your age and education. Your lawyer will arrange independent medical assessments with specialists who can provide expert opinions. Documentation from family, friends and colleagues about changes they've noticed in your behavior or abilities can also be valuable evidence.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Concussion & Mild Traumatic Brain 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.