Skull Fracture Compensation Lawyers
We are expert compensation lawyers with offices across Queensland including Brisbane, Gold Coast, Sunshine Coast and major regional centres. Free initial advice and 100% risk-free skull fracture claims with no upfront costs and our No Win, No Fee, No Catch® promise.
If you or a member of your family has sustained a skull fracture in Queensland due to someone else's fault or negligence, you may be able to seek compensation.
It can seem overwhelming trying to make sense of the ins and outs of the legal system and we understand this. This is especially difficult while you're focused on recovering from such a serious accident. But it can be worth pursuing. After all, compensation can significantly lighten the financial burden and help fund the medical treatment and rehabilitation you need to get back on track.
Smith's Lawyers offers free initial advice with no-obligation appointments available at your home, in hospital, at our offices, or over the phone. Whatever works best for you. All our skull fracture claims operate under our No Win, No Fee, No Catch® promise, meaning you pay nothing upfront and only pay legal fees if we achieve a successful outcome for you.
We operate throughout Queensland, and for TPD (Total and Permanent Disability) superannuation claims, we provide services all across Australia.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After a Skull Fracture
Being the victim of a skull fracture can have a devastating impact on your life. They affect thousands of Queenslanders each year. Workplace accidents, motor vehicle collisions, and incidents which occur in public spaces make up the majority of accidents. The costs of these injuries, when we account for things such as medical treatment, rehabilitation, lost earnings, and ongoing care needs, can rise to in excess of half a million dollars.
It’s important to know that, if you have suffered skull fracture due to someone else's negligence, you have the legal right to seek compensation. The compensation scheme which could apply to your case depends very much on how the injury happened. Let’s break this down:
Road and Car Accidents: Queensland's Compulsory Third Party (CTP) scheme provides coverage for injuries which happen in motor vehicle accidents. Under the Motor Accident Insurance Act 1994, you may be entitled to medical benefits, support with your rehabilitation, and a lump sum compensation payment for pain and suffering if your injury meets the requirements.
Workplace Accidents: WorkCover Queensland provides immediate support through the no-fault workers' compensation system. What more, if your employer or another party was negligent, you may pursue a common law claim. This, if successful, can mean further compensation. It’s also worth bearing in mind that recent amendments to the Workers' Compensation and Rehabilitation Act now require insurers to take steps to minimise secondary psychological injuries.
Public Place Accidents: When it comes to a skull fracture injury which occurred due to unsafe conditions on someone else's property, you might want to consider a public liability claim. Legislation for this falls under the Personal Injuries Proceedings Act 2002.
The truth is that each case is unique, and the compensation available varies significantly based on the severity of your injury and how it impacts your everyday life. We’d strongly recommend seeking specialist legal advice to better understand your specific rights and guide you on what are the best options available to you.
What is a Skull Fracture?
A skull fracture is a break in one or more of the bones that form the skull. These injuries are particularly serious because they can affect the brain and surrounding tissues. This can potentially cause complications which, say, a broken bone in the arm would be unlikely to present.
There are several types of skull fractures to consider:
- Linear fractures: Simple cracks in the skull bone
- Depressed fractures: This is where pieces of skull are pushed inward toward the brain
- Basilar fractures: Can include breaks at the base of the skull
- Comminuted fractures: A situation in which the skull is broken into multiple pieces
How severe a skull fracture is depends on a number of factors including where on the body the impact happened, extent of the break, and whether the injury resulted in any form of brain injury. Even seemingly minor skull fractures can have serious consequences. Some of these may include:
- Brain swelling or bleeding
- Infection risk
- Cerebrospinal fluid leaks
- Seizures
- Cognitive impairment
- Permanent neurological damage
These injuries are known to significantly impact daily life, often affecting a person's ability to work, drive, concentrate, or even perform routine activities that would seem normal to others. Many experience ongoing headaches, memory problems, balance issues, and emotional changes that can go on for months or years.
Common Causes of Skull Fractures
Essentially, fractures of this nature occur due to high-impact trauma to the head. Below is a list of the most frequent causes identified in Queensland:
Motor Vehicle Accidents
- Car, motorcycle, and bicycle collisions
- Pedestrian accidents
- An accident where the vehicle has rolled
- Head-on collisions where the airbags did little to prevent impact to the head
Workplace Incidents
- Falls on construction sites when working in high places
- Being struck by falling objects or tools
- Accidents involving machinery
- Scaffolding collapses
- Vehicle accidents on work sites
Public Place Accidents
- Slipping or falling in shopping centres
- Unsafe playground equipment
- Poorly maintained walkways and stairs
- Sporting accidents on public pitches and in sports centres
- Swimming pool accidents
Assaults and Violence
- Physical altercations
- Cases of domestic violence
- Random attacks in public spaces
Recreational Activities
- Contact sports injuries
- Cycling accidents
- Rock climbing or adventure sports
- Playground accidents
When assessing how feasible a claim may be, there’s one common factor: that the injury resulted from someone else's negligence or failure to maintain safe conditions.
Workers Most at Risk
It shouldn’t come as a surprise that certain industries and occupations have significantly higher rates of skull fracture injuries simply because of what the work may involve and the environment a particular worker may be subjected to.
Because of this, construction workers face the highest risk. Data from 2023, for example, shows that more than half of workplace falls resulting in serious injury involved construction workers. This is five times greater than any other industry.
Let’s take a look at the common causes in each industry:
Construction Industry
- Falls from scaffolding, ladders, or rooftops
- Being struck by falling tools, materials, or equipment
- Crane or heavy machinery accidents
- Falls caused due to electrocution
Transport and Logistics
- Truck drivers involved in vehicle accidents
- Warehouse workers struck by falling cargo
- Forklift operators where the vehicle tips over
- Incidents which happen in loading docks
Mining and Resources
- Accidents which occur as a result of working underground
- Equipment malfunctions
- Rock falls or cave-ins
- Vehicle accidents on coal mining sites
Agriculture
- Tractors which roll over
- Farm-related injuries
- Falling from farming equipment
- Accidents involving getting caught/trapped in machinery
Manufacturing
- Conveyor belt accidents
- Heavy machinery incidents
- Slipping or falling on industrial floors
- Injuries caused because of chemical explosions
Emergency Services
- Police officers in vehicle pursuits
- Firefighters injured when buildings collapse
- Paramedics in accidents involving ambulances
Skull Fracture Claim Process - Key Steps
1. Seek legal advice
The first step is always contacting a law firm who specialises in compensation. They must have expertise when it comes to skull fracture claims and a comprehensive understanding of the complexities of Queensland law. Given the serious nature of these injuries and the multiple compensation avenues available, professional legal guidance is essential from day one.
2. Engage a personal injury lawyer
At Smith’s Lawyers, we offer a no-obligation consultation where we'll go through the entire process, gather key information about your accident and injury, assess the strength of your case, and identify the liable party. We'll clearly set out our client agreement and how we run all 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 and yourself will carefully gather all necessary evidence. This may include medical reports, accident reports, witness statements, CCTV or dashcam footage, as well as documentation that shows lost earnings. Later in the process, we'll arrange independent medical assessments to properly evaluate your work capacity and recovery prospects.
4. File your personal injury claim
Your solicitor will then formally lodge the appropriate notice of claim and begin negotiations with the liable parties alongside their insurance companies, whether that's the CTP insurer, WorkCover Queensland, or other relevant insurers.
5. Negotiate with the at-fault party's insurer
Negotiating is a vital step in the process. Your representative will aim to achieve a fair settlement that covers all your medical expenses, lost wages, pain and suffering, and future care needs. While most cases are settled outside of court, if this does become necessary, Smith’s Lawyers No Win, No Fee, No Catch® promise protects you from the other side's legal costs.
6. Settlement payment
The result of a successful claim is a lump-sum payment that you can claim tax free. The amount can vary significantly, though. It often depends on a number of factors: injury severity, impact on earnings, and total medical expenses. Legal fees are only charged if we achieve a successful outcome for you.
Our advice to you is to seek expert legal advice as soon as possible. At the core, each case is unique, and it’s been shown that early legal intervention often leads to better outcomes.
Evidence You'll Need
Building a strong compensation claim requires quite a bit of paperwork as you collect documents and ensure you’ve got all the evidence to hand.
Below is a list of what is generally required:
Medical Documentation
- Emergency department records from initial treatment
- CT scans, MRI results, and X-rays showing the fracture
- Neurologist and neurosurgeon reports
- Ongoing treatment records from all healthcare providers
- Documentation relating to rehabilitation and physiotherapy
- Psychological or psychiatric assessments
- Medication records
- Medical costs incurred
Accident and Incident Reports
- Police reports in the case of a motor vehicle accident
- WorkCover incident reports for workplace injuries
- Incident reports from property owners when the accident happened in a public place
- Security footage or photographs of the scene of the accident
- Reports on weather conditions or environmental factors
Witness Information
- Contact details for anyone who witnessed the accident
- Written statements from those at the scene
- Expert witness reports if more technical details are required
Financial Records
- Pay slips showing pre-injury earnings
- Tax returns demonstrating income history
- Superannuation statements
- Records of medical expenses and out-of-pocket costs
- Travel expenses for medical appointments
- Receipts for assistance or care services
Skull Fracture-Specific Evidence
- Documentation of cognitive testing results
- Occupational therapy assessments
- Return-to-work capacity evaluations
- Evidence of ongoing symptoms, such as headaches, seizures, or memory problems
- Impact statements from family members about personality or behavioural changes
When it comes to collecting evidence to make a strong claim, the sooner the better. Remember that some types of evidence, particularly the memories of the event from witnesses, as well as an understanding of what the conditions were like at the scene of the accident, can deteriorate quickly over time.
How is Skull Fracture Compensation Calculated?
Compensation for this type of injury in Queensland is calculated using a structured approach that considers multiple factors and types of damages. The amount you receive depends on the severity of your injury and how it has impacted your everyday life.
Injury Scale Value (ISV) Assessment
The Injury Scale Value (ISV) system is used throughout Queensland to assess the severity of injuries. For skull fractures, the ISV typically ranges from 20-80+ depending on:
- Type and extent of the fracture
- Whether there is a brain injury associated with the fracture
- Ongoing neurological symptoms
- Cognitive impairment
- Need for surgical intervention
Types of Damages Available
Maximum compensation for general damages varies depending on the type of claim. For workers’ compensation claims, the maximum compensation for an Injury Scale Value (ISV) is $377,300, while for Compulsory Third Party (CTP) and public liability claims, the maximum ISV is slightly higher at $389,900.
In practice though, most claims result in compensation ranging between $30,000 and $200,000 for pain and suffering, reflecting the severity and long-term impact of the injury.
It’s also worth considering how the criteria below may affect the claim:
Economic Loss
- Lost wages from time off work
- A reduction in future earning capacity
- Lost superannuation contributions
- Lost opportunities for career advancement
Medical and Care Costs
- All past medical expenses
- Future treatment and rehabilitation costs
- Ongoing medication expenses
- Home care or assistance services
- Medical equipment and aids
Compensation Ranges by Severity
Minor Skull Fractures (ISV 20-35)
- Linear fractures with full recovery
- Typical range: $25,000-$80,000
Moderate Skull Fractures (ISV 35-60)
- Depressed fractures requiring surgery
- Some ongoing symptoms
- Typical range: $80,000-$200,000
Severe Skull Fractures (ISV 60+)
- Multiple fractures with brain injury
- Permanent disability or cognitive impairment
- Typical range: $200,000-$600,000+
Real Cases
Let’s take a look at the case of John, a 34-year-old construction worker who suffered a depressed skull fracture when the scaffolding he was working on collapsed. With ongoing headaches and partial hearing loss, he received $185,000 in workers' compensation plus $95,000 because of economic losses.
Sandra, a 28-year-old cyclist was struck by a car and sustained a basilar skull fracture resulting in severe cognitive impairment. Her CTP claim settled for $425,000, which also took into account her future care costs.
The calculation method differs between WorkCover claims, CTP schemes, and public liability cases, but all of them take into consideration the same fundamental factors: injury severity, impact on life, and financial losses.
Time Limits for Skull Fracture Claims
Queensland has strict time limits for personal injury claims and these must be met to ensure your right to claim. Unfortunately, missing these deadlines can result in losing your claim all together. Let’s break down the most important deadlines:
WorkCover Claims
- 6 months, from the date of the injury, to lodge the initial WorkCover claim
- 3 years, again from the date of the injury, to begin common law proceedings
- A Notice of Assessment, the insurer’s formal determination of your claim, is required before starting your common law claim
CTP (Motor Vehicle Accidents)
- 9 months to submit Notice of Accident Claim (NOAC) form
- Alternative: 1 month after your first consultation with a lawyer
- 3 years to commence court proceedings, starting from the date of the accident
Public Liability Claims
- 3 years from date of injury to commence proceedings
- Earlier notification requirements may apply depending on the defendant’s circumstances
Special Circumstances
- Under-18s: Time limits generally don't apply to those under the age of 18
- Mental incapacity: Different rules may apply in these cases
- Discovery rule: In rare cases, the time may actually run from when the injury was discovered
TPD Superannuation Claims
- Deadlines will depend on the specifics of the policy (often 12 months from stopping work)
- A general contract limitation period of 6 years may apply
Recent changes in the legislation have fortunately clarified what the exact limitation periods are, but the complexity of all this means that it is often best to seek professional legal advice.
Don't risk losing your right to compensation by delaying. Smith's Lawyers offers free case reviews to help you understand your legal position and ensure all deadlines are met. We operate on a No Win, No Fee, No Catch® basis, so there's no financial risk in seeking advice that can lead to a successful claim.
Frequently Asked Questions
How long does it take to recover from a skull fracture?
Recovery time varies significantly depending on the severity of the fracture. Simple linear fractures may heal within 6-12 weeks, while complex fractures with brain injury can require months or years of rehabilitation with the possibility of permanent impairment. The recovery timeline that your medical team provides you with also helps determine your entitlement to compensation.
Can I return to work after a skull fracture?
Many people do return to work, but this again depends on your specific injury. It’s also important to factor in the job requirements, and recovery progress. Some return to full duties; others may need to change careers entirely. If you cannot return to your previous role, you may be entitled to compensation for lost earning capacity. You may consider a TPD claim through superannuation if you're permanently unable to work.
How does a skull fracture affect my family?
Skull fractures are known to significantly impact family relationships and dynamics. Family members often take on the role of carers, have more financial obligations, and deal with personality or cognitive changes in their loved one. Queensland law recognises these impacts, and family members may be entitled to compensation as recompense for the care they provide and the mental strain they may be subjected to.
What if my employer says the accident was my fault?
Even if questions arise about fault, you may still be entitled to workers' compensation benefits, as this is based on a no-fault framework. For common law claims, Queensland law recognises that fault can be shared between parties. In this way, you may be partially at fault, but you may still receive substantial compensation. The amount is often reduced proportionally in line with the percentage of blame attributed.
Not all skull fractures require surgery. Linear fractures often heal naturally, while depressed fractures frequently need surgical repair. This requirement depends on factors like the location of the fracture, how severe the injury is, and whether the person suffered a brain injury. Surgical intervention generally increases both the severity rating of your injury and potential compensation.
Yes, you may be entitled to claim compensation from multiple sources. For example, it’s possible to receive WorkCover benefits and, at the same time, pursue a common law claim. There also exists the possibility of a TPD claim through superannuation. And, in fact, multiple TPD claims are possible if you have insurance through several super funds. It’s worth bearing in mind though that there are rules preventing someone from claiming for the same loss more than once.
If your claim is rejected, you can appeal through various channels depending on the type of claim. WorkCover decisions can be reviewed by the Workers' Compensation Regulator, while insurance disputes may go to the AFCA (Australian Financial Complaints Authority). In such instances, having the right legal representation can make the process much smoother and improve your chances of getting the verdict overturned.
At Smith's Lawyers, our No Win, No Fee, No Catch® promise means you pay nothing upfront and only pay legal fees if a successful outcome is reached. Unlike other firms, if your case goes to court and loses, we cover the other side's legal costs, ensuring you're never out-of-pocket. Our fees are based on work performed, not a percentage of your settlement.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Skull Fracture Compensation 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.