Knee InjuryCompensation Claims
Unfortunately, it's not uncommon to suffer a knee injury at work. In 2019-2020, reports SafeWork Australia, there were over 11,400 serious workers' compensation claims related to knee injuries. In many cases, the knee injury occurred as a result of either physical stress or a workplace accident.
It's not surprising that work-related knee injuries arise from physical stress or wear and tear on the knee. In 2019-20, over 44,000 workplace injury serious claims reported body stress as a mechanism of the injury.
Common knee injuries resulting from physical stress, overuse and wear include:
- Knee pain, including patella-femoral pain syndrome or 'runner's knee', caused by damage to cartilage in the knee from repetitive movements.
- Inflammation of the bursae - structures that provide cushioning and support to the moving parts of the knee
- Some, usually minor, ligament or tendon damage.
For example, a worker whose job regularly required walking over uneven ground, squatting and weight-bearing on their knees may suffer sufficient physical stress on the knee to result in injury.
An accident in the workplace is more likely to be associated with a more serious knee injury. The knee may be twisted suddenly, be subject to excessive force or severe impact, or it may hit, or be hit by an object.
A worker injured in this way may suffer serious injury, such as:
- A tear within the ligaments or tendons in the knee
- Complete rupture of a ligament or tendon
- Tearing of the cartilage in the knee
- A fracture to the patella (kneecap), or the end of one of the large bones in the knee
- Dislocation of the kneecap or the entire knee
Talk with an experienced WorkCover lawyer to learn more.
Blunt force trauma to the bones of the knee during a car accident is a significant cause of fractures to the bones forming the knee. A motor vehicle accident may also result in similar injuries to those described above for a workplace accident.
The Australian Institute of Health and Wellness (AIHW) reported in 2020 that falls are the leading cause of injury in Australia.
Falls from significant heights are a common cause of fracture-type knee injuries. In 2013, SafeWork Australia reported that work-related knee injuries accounted for 16% of serious fall-related claims.
Because they involve direct force to the knee structures, the types of knee injury likely to occur in a slip, trip or fall is similar to those described in relation to other accidents above.
In older individuals, wearing of the tendons, ligaments or cartilage from repeated use may increase the likelihood that a knee injury from a fall will result in more serious consequences.
Find out more about making a motor vehicle compensation claim.
The knee joint is a complex structure made of several types of tissue including:
- Bones
- Ligaments
- Tendons
- Cartilage
- Muscles
- A capsule of connective tissue (called the synovium)
The bony structures of the knee include the femur, tibia and fibula, which are some of the largest bones in the body, along with the patella or 'knee-cap'.
The knee joint is susceptible to a variety of injuries. Because it's an integral part of the function of the leg, serious knee injury is particularly impactful for an injured person. So what are some common knee injuries?
There are four ligaments in the knee:
- 2 cruciate ligaments - the anterior (front) and posterior (back) - which cross each other to form an 'X'. They connect the femur, or thigh bone, to the tibia, or shin bone and control forward and backwards movement of the knee.
- 2 collateral ligaments - the medial (inside) and lateral (outside). These ligaments connect the thigh bone to the shin and calf bones and help stop the knee from moving side-to-side too much.
Probably the best known knee ligament injuries is a sprain or tear to the anterior cruciate ligament (ACL), but this type of knee injury can occur to any ligament. A ligament strain, or sprain, occurs when the ligament is over-stretched.
A tear or rupture, either partial or complete, is a more serious knee injury and usually occurs when the knee is subject to excessive force or twisting. ACL ruptures may require reconstructive surgery. Any knee injury involving a ligament rupture or tear will likely require the knee to be braced and weeks or months of rehabilitation.
- The quadriceps tendon, attaching the quadricep (thigh) muscle to the kneecap
- The patella tendon, which attaches the patella or kneecap to the shin bone - as this attaches bone to bone, it is technically a ligament
Minor tears to the tendons may be able to managed non-surgically, but complete tears are usually severe knee injuries that can leave the injured person unable to straighten their leg or put weight on it.
The bursae can become irritated or inflamed, often due to over-use of the joint, for example by performing repetitive movements. But it can also develop as a result of a chronic condition, or following a knee injury.
In the knees, there is cartilage called the 'meniscus', which consists of two wedge-shaped pieces of tough, rubbery cartilage tissue protecting the ends of the tibia and femur.
Damage to the meniscus can resolve with rest and physiotherapy, but an arthroscopy may be required.
Another cause of knee pain is 'patella-femoral pain syndrome', a type of knee injury caused by wear and tear to the cartilage behind the knee.
Symptoms that can occur when an injured person suffers one of the knee injury types listed above include:
- Pain
- Swelling or inflammation
- Hearing a 'crack' or 'pop' sound
- Being unable to put weight on the affected leg, for example, because the knee buckles
- Being unable to bend or straighten the knee
- Visible deformation of the area around the knee injury
Some of these symptoms occur in more than one of the knee injuries listed. It's important to seek medical attention to determine the extent of the knee injury. As discussed above, serious injuries of this type may require surgery. You should tell any treating medical professionals if you were injured in an accident, especially if it is a workplace injury.
- How the injury occurred and how it presents, e.g., the symptoms exhibited by the person, impairment to knee function, level of pain
- Treatment already provided and that will be needed in the future
- Any long term impacts of the injury, and the prognosis, including whether there is likely to be permanent impairment
- Medical costs, including fees for doctors and specialists, hospitalisation costs, medicines
- Likely future costs of medical treatment (including surgical interventions like reconstructive surgery), ongoing care and rehabilitation services
- The injured person's usual income and projected future earning capacity
- The amount of pain and suffering endured as a result of the knee injury
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- The injury arises out of their employment or in the course of their employment; and
- The employment is a 'significant contributing factor' to the injury.
Your employment will be a significant contributing factor if the work you do is a major cause of the injury.
Some examples of when a knee injury may be determined to arise out of, or in the course of, your employment for workers' compensation purposes include where the injury happens while you are:
- At your workplace and performing your work duties;
- While you're doing your work somewhere other than your usual workplace; or
- While on a break, or while travelling to or from work.
Negligence is a type of legal claim that can be made where a person:
- Owes you a 'duty of care', or a responsibility to avoid you suffering harm
- Breaches the duty of care - this means they didn't exercise the level of care that a reasonable person would use in the circumstances
- Your injury was caused by them failing to take reasonable care.
Compensation claims for negligence can be complex. To determine if you're eligible to make a claim and the likelihood of a successful outcome, we offer a free initial consultation.
A claim must be made to WorkCover or a self-insurer within 6 months from when the injury occurred, or when your knee injury is first linked to your workplace duties by a doctor.
Generally, personal injury claims in the courts must be made within 3 years of the injury occurring. Before lodging a court claim there are certain steps you may need to take under the law to notify the responsible person that you intend to make a claim.
These time limits can be relatively straightforward to work out if your injury is caused by a single incident. However, knee injuries can develop over time - so if you want to claim compensation it's best to get advice early. We offer a free consultation for any potential personal injury case, where we can advise you about these time limits and discuss the claims process. If you decide to proceed, we will ensure your claim doesn't miss any deadlines.
Obviously, the first step after any knee injury is to get the right treatment to get you back on your feet and moving around. But seeing a solicitor specialising in personal injury law, once your doctor says you're able, can put your mind at ease, knowing your injury claim is in good hands.
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How Long do Knee Injury Claims Usually Take?
The length of time it takes to resolve your claim will depend on whether or not you can reach a settlement with the person or organisation you are claiming against. If you can, it will mean you get your compensation payment sooner than if your case has to go to a trial or hearing in court. Whether or not a settlement can be reached often depends on the strength of the evidence in the case and having a skillful negotiator on your side.
It's important that you seek advice earlier as you may be able to lodge an application for compensation with WorkCover Queensland or a self insurer. If you have your claim accepted, you can start getting weekly payments for lost wages, and payments for medical expenses. Seeing workers' compensation lawyers early about a no win no fee claim can mean you start receiving payments while you consider all your claim options.
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For Common Law claims, the fees depend on how much work is required to obtain your compensation. Some factors affecting the legal costs include:
- The amount of evidence and what we need to do to collect it
- How complex the case is
- The cost of getting expert advice and reports, such as evidence from specialists about your medical treatment
- The seriousness and physical impact of the injury
- The likely extent and timeframe for recovery
- Medical bills, including hospital expenses, doctor and specialist fees, and medication costs
- Future medical expenses and rehabilitation costs - this includes ongoing treatment, mobility aids, gym equipment, medical supplies, and other health care products
- Lost income, and your ability to work and earning capacity going forward
- The impact of the injury on your personal life, like your ability to engage in recreational and sporting pursuits.
- An additional amount for pain and suffering
- The legal costs you have incurred
Given all these factors, it's difficult to give an average that would really help you understand how much compensation you might receive. However, as an, in 2020 a worker received over $340,000 compensation for a knee injury at work.
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