Ruptured Spleen Injury Claims
We are Smith’s Lawyers, expert compensation lawyers. We have offices across Queensland, including in Brisbane, Gold Coast, Sunshine Coast, and many major regional centres. We offer free initial advice and 100% risk-free claims with no upfront costs. Our No Win, No Fee, No Catch® promise includes those who have suffered ruptured spleen injuries.
If you or someone close to you has sustained a ruptured spleen in Queensland because of another’s negligence or fault, you may be able to seek compensation.
A ruptured spleen is a serious injury, and recovering from one can be an extremely long and difficult process.
It’s very painful, and alongside the surgery and uncertainty about what comes next, it can take a real toll on you and your family. You may also face an extended period off work, large medical bills, and exhausting rehab.
Compensation can take off some of that pressure and help support you in your recovery and cover treatment costs.
Contact Smith’s Lawyers today for free, no-obligation advice. We can talk with you at home, from the hospital, at our office, or over the phone.
All claims are under our No Win, No Fee, No Catch® promise. This means there are no upfront costs and you’ll only have to pay if your case goes to court and succeeds. Our experienced and dedicated team helps people with ruptured spleen injuries receive the compensation they’re entitled to.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After a Ruptured Spleen Injury
The vast majority of ruptured spleen injuries are serious medical emergencies resulting from significant trauma, and they can have life-changing consequences. Ruptured spleen injuries generally require emergency surgery and ongoing medical care, leading to lifelong health complications.
Abdominal injuries make up a significant percentage of trauma-related hospitalisations in Australia, with the spleen being the most commonly injured organ by blunt abdominal trauma. The effects and lifetime cost of dealing with a ruptured spleen are often substantial, especially in cases where spleen removal (splenectomy) is required.
Queenslanders have the legal right to seek compensation if a ruptured spleen was caused by someone else's negligence or fault. The compensation scheme depends on how the injury occurred:
Road and Car Accidents: Queensland's Compulsory Third Party (CTP) insurance scheme will cover injuries stemming from motor vehicle accidents. You can make a claim against the at-fault driver's CTP insurer for medical expenses, lost wages, pain and suffering, and other ongoing care costs. It uses a fault-based system that requires a negligent party to be found in order to succeed.
Workplace Accidents: WorkCover Queensland provides a range of statutory benefits in case of an injury like a ruptured spleen, including medical expenses and wage replacement. When it comes to serious injuries which lead to permanent impairment, it’s also possible to pursue common law damages against employers if their negligence contributed to the accident.
Public Place Accidents: if a ruptured spleen occurs in a public place, shopping centre, or due to a defective product, you can pursue public liability claims under Queensland's Personal Injuries Proceedings Act.
Every case is unique and has different legal requirements, evidence needs, and time limits, which is why it’s so important to find specialist legal advice to ensure you understand all available options and maximise your compensation.
What is a Ruptured Spleen?
The spleen is a fist-sized organ located below the ribcage on the left side of the body. Its main job is filtering blood and helping to fight infection. A spleen ruptures when it is torn or damaged, typically a result of blunt force trauma to the abdomen or left side of the body.
The spleen's position and rich blood supply make it particularly vulnerable to injury. A ruptured spleen can cause life-threatening internal bleeding and requires immediate medical attention. A small tear may heal on its own, but a complete rupture needs emergency surgery.
Modern treatment approaches focus on preserving the spleen wherever possible because it plays such an important role in immune function.
A ruptured spleen has a massive impact on a person’s daily life and overall well-being. Immediate effects include severe abdominal pain, internal bleeding, and even shock. If a splenectomy is necessary, patients are also at increased risk of infection and will need to be regularly vaccinated. This can drastically affect work capacity, especially when it comes to roles with pathogen exposure or intense physical demands.
The time it takes to recover from a ruptured spleen depends on the severity of the injury and the doctor’s recommended approach to treatment. Conservative management may call for several weeks of restricted activity, while splenectomy has a longer recovery period.
The psychological impact of facing a life-threatening injury and the potential of long term changes to overall health and well-being can also negatively affect patients and their families.
Common Causes of Ruptured Spleen
Unsurprisingly, motor vehicle accidents are the leading cause of ruptured spleen injuries, accounting for around 50-75% of cases. The sudden jolt of a car crash can cause blunt force trauma to the spleen, while side-on collisions and rollovers are particularly dangerous due to the spleen's location.
Spleen ruptures are also common in workplace accidents, particularly in high-risk industries like manufacturing, mining, and agriculture. Falls from height remain a serious danger for construction workers, with recent data showing a 71% rise in fall-related deaths since 2022.
Heavy machinery poses another major risk as it often causes crushing injuries to the abdomen that can lead to a ruptured spleen.
Contact sports like rugby, Aussie rules, and hockey can all cause injuries to the spleen. Combat sports like MMA and boxing and high-risk activities like horse riding and cycling also see their share of spleen trauma, often from falls or collisions with equipment.
Although far less common, spleen injuries can occur during medical procedures. Procedures such as colonoscopy can result in accidental splenic trauma. However, legal precedent establishes that a splenic injury which happens during a medical procedure doesn't automatically imply negligence.
Blunt trauma to the abdomen stemming from violence or assault can cause a ruptured spleen. This includes injuries from physical altercations, domestic violence, and criminal assaults, all of which can have a serious long term impact on overall health and well-being.
Splenic injuries can also happen through preventable accidents in public places. Trips and falls on unsafe footpaths, faulty playground equipment, and hazards in shops can all cause spleen injuries.
Workers Most at Risk
Workers in the construction industry are at much higher risk of ruptured spleen injuries because of the nature of their work environment. Recent statistics reveal that 28% of severe workplace injuries happen in construction, with falls from height the main source of abdominal trauma, in addition to scaffolding collapses, ladder falls, and unprotected edges.
Transport and logistics workers like truck drivers, delivery personnel, and warehouse workers are at increased risk of spleen injuries from vehicle accidents, loading dock incidents, and forklift accidents, all of which can cause crushing abdominal injuries.
Workers in the agriculture, mining, and farming sectors are at risk of machinery accidents, livestock-related injuries, and falls from equipment. In addition, rural settings often cause delayed medical response, worsening outcomes from splenic injuries.
Emergency services personnel such as police, firefighters, and paramedics face heightened risk because of their regular exposure to violence, vehicle accidents during emergency responses, and the physical demands of rescue operations.
Workers in the metal fabrication, automotive, and food processing industries are at risk of crush injuries and impacts that can damage the spleen because of heavy machinery.
Workplace injury prevention strategies in Queensland focus on safety compliance, proper training, correct use of personal protective equipment, and the implementation of safety systems like fall arrest equipment and machinery guarding.
However, if a workplace safety procedure fails and contributes to a splenic injury, workers may have grounds for both WorkCover claims and common law negligence actions against their employer.
Ruptured Spleen Claim Process - Key Steps
1. Seek legal advice: if you suffer a ruptured spleen injury, the first thing you should do is contact a specialist compensation law firm with expertise in splenic trauma claims and an intimate understanding of Queensland's complex legal framework, like Smith’s Lawyers. Different injury scenarios involve a variety of Acts, including the Personal Injuries Proceedings Act, Workers' Compensation Act, and Motor Accident Insurance Act.
2. Engage a personal injury lawyer: during your no-obligation consultation, we will go through the entire claims process and begin gathering critical information about your accident and the circumstances surrounding your injury. We will closely assess the strength of your case, identify any liable parties, and explain our client agreement.
Smith's Lawyers approach all ruptured spleen claims on a completely risk-free basis under our No Win, No Fee, No Catch® promise.
3. Gather evidence to build your case: your lawyer will systematically collect crucial evidence pertaining to your case, such as detailed medical reports documenting the splenic injury and treatment, accident reports from police and/or workplace authorities, witness statements from anyone who saw the incident, and CCTV or dashcam footage where available. They will also collect documentation of lost earnings and expenses.
We will eventually organise independent medical assessments to properly evaluate your work capacity and prospects for long-term recovery. This is of particular importance considering the lifelong implications of spleen removal.
4. File your personal injury claim: your solicitor then lodges the appropriate notice of claim and enters into negotiations with the liable parties and their insurance companies. This could involve the CTP insurer for motor accidents, WorkCover Queensland for workplace injuries, and public liability insurers for other incidents.
5. Negotiate with the at-fault party's insurer: negotiations aimed at achieving a fair settlement that takes care of all your medical expenses, lost wages, pain and suffering, and future care needs will begin. Most ruptured spleen cases are settled at compulsory conference procedures.
If court proceedings become necessary, Smith's No Win, No Fee, No Catch® promise protects you from the other side's legal costs even if your claim is unsuccessful.
6. Settlement payment: if your claim for compensation for a ruptured spleen injury is successful, you will receive a tax-free lump-sum compensation payment. The amount will depend on the severity of your splenic injury, its impact on your earning capacity, any accrued medical expenses, and ongoing care requirements. Legal fees will only ever be charged if the outcome is successful.
It’s of vital importance that you seek expert advice as soon as possible. Every ruptured spleen case is unique and has specific legal requirements and tight time limits. Smith's Lawyers are experts in personal injury claims, offering a Queensland-wide service with free initial advice to ensure you understand your rights and options.
Evidence You'll Need
If you’re going to make a compensation claim for a ruptured spleen injury, you’ll need accurate and detailed medical documentation, including emergency department notes, diagnostic imaging reports (CT scans, ultrasounds, etc.), surgical reports in case of splenectomy, pathology results, and discharge summaries.
Ongoing medical records documenting recovery, any complications, vaccination schedules, and long term health monitoring are also of vital importance.
Accident and incident reports detail crucial evidence about the nature of the injury and how it occurred. For workplace injuries, you must ensure that your employer completes the proper incident reports and sends you copies. In the case of a motor vehicle accident, you will require police reports, insurance company reports, and any footage of the incident. Public place incidents need incident reports from property owners or managers.
If possible, you should collect the contact details of any witnesses immediately after the incident. Independent witnesses who saw exactly how the accident occurred are powerful sources of evidence in support of your version of events. Their statements are particularly important in cases where liability is disputed.
Financial records are also very important in compensation claims for ruptured spleen injuries, including recent payslips showing your pre-injury earnings, tax returns if you’re self-employed, employment contracts, and documentation of any injury-related expenses such as medical bills, prescription costs, travel to appointments, and care assistance.
Any photographic evidence can be invaluable for your claim, including photos of the accident scene, hazards that contributed to the incident, vehicle damage in motor accidents, improper workplace conditions for industrial injuries, and visible injuries.
In the case of ruptured spleen injuries specifically, clear evidence of the heightened and ongoing risk of infection and any resulting lifestyle changes are very important. This includes vaccination records, antibiotic prophylaxis requirements, work capacity assessments, and documentation of any activities or employment opportunities that are now restricted because of increased susceptibility to infection.
How is Ruptured Spleen Compensation Calculated?
The amount of compensation received for injuries involving a ruptured spleen depends on the severity of the injury, any treatment required to cure it, ongoing complications stemming from the injury, and the impact on your life, well-being, and capacity to work.
Queensland uses a structured approach for the different claim types so as to ensure fair compensation.
For workplace injuries, the Workers' Compensation Regulation establishes Injury Scale Values (ISV) that categorise splenic injuries as follows:
- A simple splenic injury or loss receives ISV 0-7, translating to compensation ranging from $0 to around $13,755.
- Complicated splenic loss with ongoing health implications receives ISV 8-20, worth $16,005 to $48,475.
- Complicated cases involving pancreatic rupture can attract ISV 10-35, worth $20,495 to $104,780.
In addition to these rates for general damages, compensation for a ruptured spleen includes economic losses such as past and future lost wages, medical expenses incurred as a result of the injury, and care costs. Severe injuries can result in extra lump-sum payments in certain circumstances.
Motor vehicle accident compensation takes pain and suffering, medical expenses, lost income, and future care needs into account. The CTP system is fault-based and requires negligence to be firmly established, but compensation is often substantial in case of serious injuries.
Damages awarded in public liability claims are assessed based on negligence principles. Compensation reflects your individual circumstances.
The final amount of compensation awarded is influenced by several factors. If a splenectomy is required, compensation will significantly increase because of lifelong health implications and ongoing medical costs. Your age and health before the injury will affect the calculation of future loss. Other injuries stemming from the same incident can increase the amount of overall compensation.
Time Limits for Ruptured Spleen Claims
There are strict time limits for injury claims in Queensland.
WorkCover claims require you to notify your employer as soon as possible. Formal claims must be made within 6 months of the injury. In the case of common law proceedings against negligent employers, you have 3 years from the injury date. Keep in mind that earlier notification requirements apply.
CTP motor accident claims have complex timing requirements. You’ll need to lodge a Notice of Accident Claim (NOAC) form within 9 months of the accident or 1 month of first consulting a lawyer about the claim. Court proceedings will have to begin within 3 years of the injury date.
Public liability claims under the Personal Injuries Proceedings Act require Part 1 notice within 9 months of sustaining the injury or when you first become aware that someone else may be liable. Court proceedings must start within 3 years of the date.
Medical negligence claims arising from splenic injuries sustained during procedures have additional requirements, including initial notice before formal proceedings and specific expert evidence.
These time limits may be extended under special circumstances. Injured people under the age of 18 have until 3 years after turning 18 to begin proceedings. Cases involving fraud, concealment, or delayed discovery of key facts may qualify for extensions, but require court applications with strict evidentiary requirements.
Missing deadlines in compensation claims for spleen injuries leads to severe consequences, including your claim being permanently barred regardless of its merit. Insurance companies and defendants regularly raise limitation defences to avoid paying out for valid claims.
Smith's Lawyers offers free case reviews to help you understand your legal rights and ensure compliance with all relevant time limits. We operate on our No Win, No Fee, No Catch® basis, so you can access expert legal advice without financial risk.
Frequently Asked Questions
What are the long-term health effects after spleen removal?
A splenectomy leads to increased risk of infection for life. Patients will require ongoing vaccination schedules and regular boosters. Antibiotic prophylaxis will be necessary for dental procedures and surgery. These ongoing health requirements often strengthen compensation claims, particularly for TPD insurance.
Can I return to my previous job after a ruptured spleen?
You may be able to return to work depending on how well your recovery goes, the treatment you receive, and job requirements. Conservative treatment with spleen preservation often allows full return to previous duties after complete healing, but a splenectomy will likely restrict certain occupations, particularly those involving pathogen exposure (healthcare, veterinary work, etc.), high physical demands, or contact sports.
What if the insurance company denies my ruptured spleen claim?
It’s likely the insurer will deny the claim initially on grounds of causation, pre-existing conditions, or liability disputes. However, denials don't end your rights. Smith’s Lawyers can appeal decisions through internal review processes, external dispute resolution, or court proceedings. Many claims which are denied at first eventually succeed after proper legal representation and additional evidence gathering.
Our No Win, No Fee, No Catch® promise means you can challenge unfair denials without financial risk.
Can I claim compensation if my spleen injury happened during medical treatment?
Medical negligence claims for spleen injuries must prove that the doctor breached their duty of care. Just because you suffer a splenic injury during a procedure doesn't mean negligence occurred, as complications can happen without fault. You will need to present specialist medical evidence which proves the injury stemmed from substandard care rather than a recognised complication. These cases require expert legal and medical assessment.
How long a claim takes depends on the complexity of the injury, if there are liability disputes, and settlement negotiations. Straightforward cases with clear liability might be resolved within 6-12 months, while complicated cases involving disputed liability and ongoing medical treatment might take 18-36 months.
Smith’s Lawyers always work to expedite claims as quickly as possible while ensuring you receive full compensation. Interim payments may be available for urgent financial needs during the claims process, which we can also help with.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Ruptured Spleen 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.