Have you sustained a tendon injury in Queensland due to a road, work or public place accident that wasn't your fault? You may have a legal right to a claim compensation for your injuries and costs, such as loss of income and medical bills.
To help you understand your rights, this guide will cover what a tendon injury is, what you are entitled to as a victim, how to make your claim, and what evidence you will need.
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.
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Understanding Your Rights After a Tendon Injury in Queensland
If you've been unfortunate enough to experience a tendon injury in Queensland due to another's negligence, you have specific rights to compensation. Understanding these rights can be a vital first step in your journey to recovery. It can be a serious injury and getting free legal advice is recommended.
Here are the main schemes available to you as a victim:
- Road Accidents: If your tendon injury is due to a car or any other road accident, you can make a claim through the CTP claims scheme. This system is particularly geared towards compensating victims of negligence on the road.
- Work Accidents: Should you sustain a tendon injury at your place of work, regardless of fault, you can seek compensation via Workcover Queensland (or your employer's workplace compensation insurer if they are self-insured), regardless of who was at fault. If another party such as your employer was negligent and contributed or caused your injuries, you may also be entitled to file a common law claim. Learn how long does a common law claim take.
- Public Place Accidents: If your injury occurred in a public place due to negligence, you have the right to file a common law claim against the public liability insurer. This could include incidents in parks, shopping centres, or any other public space where someone else's negligence led to your injury.
A tendon injury, also commonly known as tendinopathy, is a condition affecting the tendons, which are the strong, rope-like structures joining your muscles to your bones. WorkSafe Australia classifies tendon injuries under Musculoskeletal disorders (MSDs), and tendon injuries account for over 20% of these injuries.
When these tendons experience excessive strain or repetitive use, injuries can occur. Pain, stiffness and greater difficulties in movement are telltale symptoms of such tendon injuries. Learn more about repetitive strain injuries.
In the context of personal injuries, you'll typically see tendon damage in the shoulders, wrists, elbows, knees, and ankles.
Experiencing a tendon injury can be a harrowing experience. In 2020-2021, SafeWork Australia reported 40% of all serious injury claims were due to “Traumatic joint/ligament and muscle/tendon injuries”, far more than any other injury type.
These injuries commonly occur in road incidents, are a common workplace injury, and other public place mishaps. It's important to understand some of the frequent causes of tendon injuries:
- Road Accidents: Road accidents are a leading cause of tendon injuries worldwide. A sudden jolt or impact during a road accident can strain or tear the tendons.
- Physical Labour: Repetitive movements in occupations such as construction work or office-based roles can lead to wear and tear of the tendons over time. Repetitive strain injuries such as RSI can limit the ability to work in very physical roles.
- Sporting Incidents: Sporting activities, particularly those involving high impact or repetitive motion, can lead to acute or chronic tendon injuries.
- Slips, Trips and Falls: Unexpected incidents, such as slipping on a wet surface or tripping over a hazard, can cause a sudden overstretching of the tendons leading to injury.
- Improper Training or Equipment: Incorrect usage of equipment or insufficient training in manual labour can put excessive stress on the tendons, leading to tendon injuries.
Regardless of the cause, it's important to contact a tendon injury compensation lawyer who can help you understand your rights and potentially receive compensation.
Tendon injuries, unfortunately, are a common result of accidents, whether on the road, at the workplace or in public places. Here are some types of tendon issues you might face:
- Ruptured Achilles Tendon: This is often a consequence of a sudden forceful movement or impact, such as that experienced in a road accident. The Achilles tendon connects the heel to your calf muscles, and when ruptured, it can significantly impede mobility.
- Rotator Cuff injury: Common in work-related accidents, particularly in jobs requiring repetitive lifting or overhead activities. A rotator cuff injury can cause severe shoulder pain and limit the range of movement.
- Tennis Elbow (Lateral Epicondylitis): A frequent workplace injury involving repetitive hand and arm movements, such as typing or assembly line work. It typically causes pain and weakness in the forearm.
- Trigger Finger: Often an outcome of repeated gripping seen in certain professions or from direct trauma in a public accident. This occurs when inflammation narrows the space within the sheath around the tendon, causing the finger to stick or lock when bent.
- Jumpers Knee (Patellar Tendinitis): This can be a result of a forcible impact or twisting motion of the knee. While often related to sports, it can occur in a workplace or public place accident involving a fall or sudden jolt.
These are just a few examples to illustrate how different kinds of accidents can lead to specific tendon injuries. Getting timely and effective treatment is crucial to regain full function and prevent long-term damage.
Certain professions in specific industries bear a higher risk of tendon injuries due to the nature of the tasks involved. Here are some of the most at-risk occupations:
- Construction workers: These workers often perform strenuous physical labour involving repetitive motions and heavy lifting, increasing the chance of tendon strains and tears.
- Athletes: High-impact activities and repetitive actions involved in various sports can lead to overuse of certain tendons, making them prone to injury.
- Healthcare workers: Regularly moving and positioning patients and handling heavy equipment may put undue stress on tendons, particularly in the hands and back.
- Factory workers: The repetitive nature of assembly-line tasks can overwork certain tendons, triggering injuries over time.
- Gardening and Landscaping workers: Regular bending, digging and lifting involved in these professions can strain the tendons in the hands, wrists, and back.
Understanding the Compensation Claims Process
Following a tendon injury in Queensland, whether it occurred on the road, at work, or in a public place, you may be entitled to seek compensation. The process, although it may seem daunting, can be simplified into a series of steps to help you better understand what lies ahead.
1. Seek free initial legal advice
The first step is to get in touch with a personal injury claim law firm. 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 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 to lead the negotiations along with the legal representatives of the at-fault party's insurer. Learn more about out of the court settlements.
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. Compensation payout
If your claim is successful, you will receive a lump-sum tax free compensation payout. 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.
It is always recommended to seek legal advice as early on as possible to ensure you understand your tendon injury claims rights.
What Evidence Do I Need To Support My Tendon Injury Claim?
To construct a robust tendon injury compensation claim in Queensland, gathering extensive evidence is vital. The following forms of evidence are principally critical in substantiating your claim:
- Medical reports: These include doctor's reports and medical examinations detailing the extent of your injury, the treatment you received, and its impact on your day-to-day life.
- Witness testimonies: Any statements from witnesses who saw your accident can provide a powerful validation of the circumstances surrounding your injury.
- Details of expense: You should keep a clear record of all expenses associated with your injury. These could range from medical bills and rehabilitative therapy costs to travel expenses incurred for treatment.
- Proof of lost earnings: If your injury has caused you to miss work or reduced your earning capacity, documents such as payslips, tax returns, or a letter from your employer can substantiate your claim for lost earnings.
- Proof of accident: This could come in various forms. Photos or videos from the accident spot and an accident report from your workplace or the police can serve as proof of the accident.
How Much Compensation for Tendon Injuries?
Wondering how much compensation you may receive for a tendon injury? The amount isn't set in stone and depends heavily on several variables. Let's break down some of the main factors used to calculate your potential compensation amount:
- Nature and Severity of the Injury: The intensity of your tendon injury and its impact on your health plays a significant role in determining your compensation amount. Naturally, a serious tendon injury will have more impact than a minor or moderate tendon injury. More serious injuries, causing debilitating conditions or permanent damage, usually result in greater compensation sums.
- Loss of Earnings: If your tendon injury has caused you to miss work or limited your ability to perform your duties fully, you might be entitled to compensation for loss of earnings. It again depends on whether the loss is temporary or permanent.
- Medical Expenses: Tendon injuries often require medical treatment and rehabilitation. The costs of medical treatment, physiotherapy, medication and any necessary surgeries will be factored into the total compensation amount.
- Impact on Quality of Life: This includes changes to your lifestyle, such as the inability to participate in sports or hobbies, reduced independence, psychological trauma, and more.
It's important to remember that the same tendon injury can lead to varying compensation amounts for two different individuals. Factors such as age, working status, recovery speed and impact on your ability to earn an income will all come into play.
Time Limits for Tendon Injuries
In Queensland, the typical time limit for personal injury claims from road, work, or public accidents is generally within three years. This three-year period is calculated from the date of the accident or from when you first become aware of your injury.
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 personal injury solicitors 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 soft tissue injury 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.
Smith's Lawyers are expert personal injury 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
Your ability to work can be significantly impacted by tendon injuries. Depending on the severity and location of the injury, you may find it challenging to perform basic tasks. This can range from difficulty in carrying heavy objects to reduced mobility, affecting your usual work routine. Several professionals, like builders, office workers, or athletes, might face potential job constraints, especially if their roles require physical labour or repetitive movements.
It's difficult to set an exact timeline for settling a tendon injury compensation claim as every case is unique. However, typically, the process may take anywhere from 12-24 months. It depends on factors like the severity of the injury, recovery time, complexity of the case, and the efficiency of the involved parties.
If the party responsible for your tendon injury denies liability, don't worry. Our experienced injury compensation lawyers at Smith’s Lawyers will work to gather robust evidence, from witness statements to surveillance tapes, to prove and uphold rightful claims in such a situation.
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.