When you suffer a pelvis injury due to someone else's negligence, it's not just painful but can also have immense psychological and financial implications.
This page is designed to inform you about your rights to compensation, common causes and types of these injuries, the process for lodging a claim, frequently asked questions and time limits for claiming in Queensland.
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. We operate Queensland-wide and all claims have no upfront costs or risks of being left out of pocket under our No Win, No Fee, No Catch® promise.
Fill in the form below to find out if you have a claim.
Understanding Your Rights after a Pelvis Injury in Queensland
Pelvic injuries are often painful and expensive, typically requiring extensive treatment and hospital stays. For instance, the approximate cost of hospital care, ambulance, and rehabilitation for pelvic injuries such as hip fractures in older Australians is $20,000-$30,000. Unfortunately, the financial burden of such injuries often falls not only on the individual but on their loved ones as well. This is why it's important to know your rights to compensation.
In Queensland, there are a number of compensation schemes available:
- Motor Vehicle Accidents: The Compulsory Third Party (CTP) Claims Scheme, covers you if your pelvis injury occurred as a result of a road accident where another driver was negligent.
- Workplace Accident: This covers injuries sustained at work, regardless of fault, via WorkCover Queensland (or your employer's workplace compensation insurer if they are self-insured). If your employer was negligent, additional compensation might be possible through a common law claim.
- Public Liability: If you sustain an injury when out and about, somewhere like a shopping centre or sports venue, compensation can potentially be claimed against the public liability insurer of the negligent party.
Remember, navigating the legal landscape can be daunting on your own. If you want to pursue a compensation claim, you should seek legal advice from a personal injury expert.
A pelvis injury is a potentially serious and debilitating type of injury impacting the pelvic region of your body. This comprises the hip bones, sacrum, coccyx, and various other connected structures that form the pelvic ring. It can cause immense pain and reduce your mobility, affecting your capacity to work and carry out everyday activities.
Pelvis injuries are an extremely common occurrence in Australia with approximately 19,000 hip fractures alone reported each year. Accounting for just one part of the pelvis, this statistic demonstrates the prevalence of pelvic injuries in Australia. Such injuries are often associated with fractures elsewhere on the body, meaning they are frequently considered serious injuries and can require extensive treatment.
From hazardous environments to unfortunate mishaps, various factors contribute to pelvic injuries across Queensland. Injuries such as fractures in the pelvic ring are most commonly caused by falls. However, such injuries can occur in a multitude of situations. Understanding the common causes can often assist in the process of injury compensation and prevention.
The most frequently reported causes of pelvis injury are:
- Motor Vehicle Accidents: Road traffic accidents are the leading cause of injury in Queensland, accounting for 40 per cent of all hospitalised injuries. Car crashes, especially those at high speeds, frequently lead to severe pelvic injuries due to the force of impact.
- Fall From Heights: Whether you work at a construction site or are just out and about, falls can shatter the fragile bones of the pelvis. This risk increases with osteoporosis or age-related fragility.
- Workplace Injuries: Mishaps at workplaces especially those involving heavy machinery often cause pelvic harm. Employers must provide safe environments and breach of this may entitle you to compensation.
- Slip and Trip Accidents: Falls are the most common cause of injury in public places, accounting for 37 per cent of all injuries. Wet floors or cluttered walkways can cause a person to slip and injure their pelvis.
- Repetitive strain: Over time, strenuous activities like weightlifting, long-distance running or dancing can put repetitive stress on the pelvic bones and soft tissues, leading to fractures or tears.
Pelvis injury can occur in countless ways due to road, work or public place accidents. It's critical to understand these common pelvis injuries, as they often serve as the basis for injury compensation claims.
They may include:
- Fractured Pelvis: A fall or collision can result in a fractured pelvis. They are common in road accidents and can result in chronic pain and immobility during recovery.
- Broken Hip: This type of hip injury is typically caused by a fall and is more common in workplaces and public spaces, especially in older people. A broken hip can require surgery and lengthy rehabilitation.
- Pelvic Ring Injuries: Often the result of a high-impact collision, it's most commonly seen in road accidents. As well as causing instability and requiring immediate medical attention, a pelvic ring injury can result in long-term health problems.
- Sacroiliac Joint Dislocation: This is common in severe accidents where the impact displaces the sacroiliac joint that connects the spine to the hips. It can cause a significant decrease in mobility and severe pain.
- Repetitive strain injuries: Lifting heavy objects or working in awkward positions can lead to pelvic stress fractures or muscle tears over time. If left untreated, repetitive strain can lead to lengthy health problems.
In Queensland, you have the right to claim compensation if you were injured as a result of someone else’s negligence. If you believe you have grounds for a pelvis injury claim then you can contact a personal injury lawyer who can discuss your options.
Some professions bear a greater risk of workplace pelvic injuries due to the physical nature of the work or the environments in which they operate.
Some of these include:
- Construction: Workers in the construction industry are often at risk of serious injury due to heavy lifting, falls from heights and accidents involving machinery or equipment.
- Transport and Logistics: People involved in transport, such as truck drivers, bear a high risk due to the likelihood of road accidents or heavy load handling.
- Agriculture: The farming sector involves a lot of manual labour and use of heavy machinery, which often leads to injuries.
- Healthcare: Nurses and healthcare assistants are regularly on their feet for long periods and involved in the physical handling of patients, which can lead to strains and injuries.
- Manufacturing: Workers in manufacturing are exposed to hazardous tasks such as lifting, bending and the use of heavy machinery, all of which can contribute to pelvis injuries.
- Professional Athletes: Contact sports like football and rugby expose athletes to high-impact collisions and falls, significantly increasing the risk of pelvic fractures, dislocations and soft tissue damage.
- Miners and Oil Rig Workers: Confined spaces, operating heavy equipment and potential collapses make these professions prone to crush injuries, falls and blunt force trauma to the pelvis.
Understanding the Compensation Claims Process
If you've suffered a pelvis injury due to an accident at work, on the road, or in a public place in Queensland, you may be entitled to claim compensation. Here are the usual steps in a pelvis injury claim.
1. Seek free initial legal advice
The first step is to get in touch with a law firm that specialises in compensation claims for pelvis 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 on. 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 evidence, 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 to lead 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 not successful in court. Smith’s Lawyers No Win, No Fee, No Catch® promise protects you from this risk and means you cannot 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.
Getting a free case review from Smith's Lawyers' expert team of personal injury lawyers can help you start your journey to getting the compensation you deserve.
What Evidence Do I Need To Support My Pelvis Injury Compensation Claim?
Collecting the right evidence is imperative to build a robust case for your pelvis injury compensation claim.
Here are the key items you should aim to obtain:
- Medical records: An extensive record of your medical history, detailing diagnosis, treatment, and your progress can serve as strong evidence. It's important to regularly consult your healthcare provider and keep an updated record.
- Pictures: If possible, take clear photographs of where the injury took place, these will serve as an immediate record which can be beneficial in your claim.
- Accident reports: Depending on the location and context of your injury an accident or incident report may be available. For example, for a work injury, a report should be filed by your employer to the work safety authority or if it was a road accident, a police report can be useful.
- Witness Testimonies: Statements from people who witnessed the incident can greatly strengthen your claim, if available. Ensure you collect their contact details for future correspondence.
- Financial records: Any evidence of financial loss due to the injury such as lost earnings or any out-of-pocket expenses related to your injury.
Calculating Your Compensation Amount
When it comes to calculating how much compensation you may receive for a pelvis injury, several personal circumstances are taken into account.
These include:
- Severity of the Injury: The extent of your pelvis injury, the treatment required and long-term effects are all crucial factors. A more severe case typically means a higher compensation claim.
- Impact on Work: If your injury has caused you to take time off work, lose income or affected your career progression, this might increase your compensation payout. Both past loss of income and predicted future loss of income including Superannuation are calculated.
- Medical costs: You could be compensated for any medical costs incurred such as hip replacement surgery costs, physiotherapy, medication and medical equipment necessary due to the injury. Future medical expenses are also considered.
- Personal suffering: The courts in Queensland recognise that injuries can cause psychological stress and reduce your quality of life. These aspects are taken into consideration.
It's important to understand that personal injury claims do not result in a set payout amount, even if the injuries are extremely similar. For example, consider two people who both suffered identical injuries due to an accident.
Person A is a young, dynamic professional with a promising career ahead. The injury caused them to take an extended leave from work, thereby affecting their earnings and future job prospects.
On the other hand, Person B is a retiree whose main activity is gardening. The injury did not affect their livelihood but caused considerable personal suffering and medical costs. Their claim could potentially be lower than that of Person A, despite the similarities.
Alternatively, as there are several areas of the pelvis that can be injured, certain injuries may lead to a higher payout than others, For instance, a severe hip injury compensation claim would likely result in a more significant payout than a claim for minor joint pain.
Every case is unique and the compensation calculated largely depends on your circumstances. That's why it's important to seek legal advice as soon as possible.
Time Limits for Pelvis Injuries
The general rule in Queensland is that a claim must be submitted within three years of the date when the injury occurred.
However, the state also has some rules for specific circumstances.
For work-related injuries, in Queensland you have:
- Six months from when the entitlement to compensation arises (this is usually when the injury occurs or the day on which the individual is assessed by a doctor) to lodge a claim with WorkCover Queensland (or your employer's workers compensation insurer if self-insured). This is an essential first step for all cases regardless of fault.
- Three years from the date of the accident/injury to start court proceedings for a common law claim. These claims can be run in addition to a standard WorkCover claim where the negligence of your employer or another party caused or contributed to your accident and injuries.
For motor vehicle-related injuries, in Queensland you have:
- Nine 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 nine months, but must be within three years of the accident or you will be barred from making a claim.
- Or, you have one 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 (one month vs nine months), so if you have spoken to a lawyer about your potential claim, you must lodge the NOAC within one month.
- Where the motor vehicle at fault cannot be identified (such as in a hit and run) or the vehicle was unregistered, you have three 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 three-month period, a reasonable excuse can be provided, but it must be provided within the standard nine-month limit otherwise you will be barred from making a claim
- After the Notice of Claim Form is lodged, you have three years from the date of the accident/injury to start legal proceedings.
For injuries in a public place, the time frames are similar to motor-vehicle claims (nine months from the date of the accident or one month from when you contact a lawyer). However, instead of submitting a Notice of Accident Claim Form, you lodge a PIPA Notice of Claim with the negligent party. Your legal team can help with understanding this form.
It's also worth noting there are exceptions. For instance, for victims under 18, this three-year period doesn't start until their 18th birthday.
These time frames might seem like a lot of time, but setting your claim into motion can be a complex process with many legal requirements to navigate.
At Smith’s Lawyers, our team can help you understand these time limits and ensure you don't miss your chance for a claim. We offer Queensland-wide service with free and no-obligation case reviews.
Our No Win, No Fee, No Catch® promise means you have nothing to lose in seeking your rightful compensation.
Frequently Asked Questions
Pelvic injuries can significantly impact a person's ability to work, depending on the severity and type of injury. Even minor pelvic injuries can cause constant pain, making it difficult to sit, stand, walk or lift, hindering various job duties. Many jobs require prolonged sitting, which can be excruciating with pelvic pain or limited mobility. Adapting workstations or changing roles may be necessary.
Long-term consequences can range from chronic pain and mobility limitations to sexual dysfunction and even mental health issues. The severity and type of injury, as well as your overall health and recovery process, all play a role in determining the long-term impact.
Perhaps the most common long-term consequence of a pelvic injury. Even after the initial injury heals, some people may continue to experience pain, especially with certain activities or weather changes.
Pelvic injuries can also increase the risk of developing arthritis in the hip or sacroiliac joints later in life.
When you've been involved in an accident that's resulted in a pelvis injury, it's important to follow a certain sequence of steps to ensure your well-being and to protect your rights to claim injury compensation.
You should seek immediate medical attention as your health is the top priority. Even if you perceive your injury to be minor, you must have a thorough medical examination.
Be sure to document the incident. Start by writing a detailed account of the incident as soon as you can, while your memory is fresh. Collect all possible evidence about the incident - this could be photographs, videos, witnesses' contact data and medical reports.
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 to Pelvis 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.