Your capacity to work, carry out everyday tasks and take part in leisure activities, and quality of life can all be severely impacted by a knee injury.

Particularly when it comes to dealing with pain, the emotional stress and figuring out how to navigate the claims process.

 

At Maxiom compensation lawyers Melbourne our experienced lawyers can help support individuals who have suffered as a result of a workplace incident, motor vehicle incident, a public accident or injury, to help you gain the rightful compensation you deserve.

 

We’ll walk you through the necessary procedures and steps needed to obtain a fair settlement, including :

  • Contributing factors to knee injuries
  • In the event of a knee injury what can you claim
  • What actions must I complete in order to pursue my claim for a knee injury?
  • Are claims for knee injuries subject to time limitations
  • The average amount of compensation awarded in Australia for a knee injury
  • Legal counsel from our lawyers at Maxiom

 

Common Factors Associated with Knee Injuries

Knee injuries can happen and occur for a variety of reasons, and are often related to specific factors that can cause this issue.

We’ll address Australian compensation laws in Melbourne and across Victoria, that are commonly considered when assessing a knee injury claim, such as :

The following are common types of knee injuries, for which compensation may be available :

  • Meniscus tears
  • Anterior Cruciate Ligament (ACL) tears
  • Ligament strains or sprains
  • Patella fractures
  • Osteoarthritis resulting from trauma
  • Tendonitis

 

What Can I Claim for With a Knee Injury?

You might qualify for a variety of damages when making a knee injury compensation claim in Australia.

These may consist of :

– Earnings Loss :

You might be eligible to receive reimbursement for past and future lost wages if your knee injury has caused you to miss work or have reduced earning capacity to earn a living.


– General Damages :

This includes the pain, suffering and diminished quality of life caused by a knee injury. The total sum can vary based on the degree of the injury and how it has affected your life.


– Future Medical Expenses :

You may be able to claim continued reimbursement for medical care, rehabilitation expenses, and any required home modifications or equipment.


– Pain and Suffering :

This type of compensation is commonly included as part of general damages and aims to cover the physical and emotional distress caused by the injury.


– Lump Sum Payments :

You can qualify for a lump sum payout if you become permanently impaired. This is available if your whole person impairment is evaluated as being greater than 10%, which is for no-exempt workers and larger than 0% for exempt workers.

You can talk directly to our lawyers at Maxiom, who can help guide you through the assessment and knee injury settlement calculation process, for further knowledge and understanding your rights.


– Domestic Assistance :

You might be eligible to get home assistance, if your injuries are at 15% or higher for the ‘whole person impairment threshold’.

Please view further information at WorkSafe Victoria government website on whole person impairment ongoing entitlement and weekly payments


– Common Law Damages :

You might qualify for extra compensation if your injuries meet the 15% whole person impairment threshold and you can prove your employers negligence.

Our lawyers can help navigate your case and determine whether your specific case and individual circumstances are eligible for common law damages, by helping gather the evidence required to prove your case.

Our Successful Claims

We were able to achieve success for a case on birth injury claims, demonstrating that serious injury cases can result in a sizable recompense.

Further details on the full case can be found here at our article resource on birth injury claims

 

What Steps do I Need to Take for My Knee Injury Claim?

To allow the best possible chance of a successful claim for your knee injury claim, follow the steps below :


Step 1 :

– Seek medical assistance immediately :
Your health always comes first. Seek the help of a qualified doctor with detailed documentation of your injury, outlining the medical details of your injury.


Step 2 :

– Report the injury :
If your injury is a workplace injury, notify your employer as soon as possible. For any other injuries, always report to the appropriate authority, such as the police in the case of a traffic accident.


Step 3 :

– Record/document the accident :
While the details are still fresh in your mind, write down how the injury happened. Take pictures of your injury and the situation if you can, for example if you were in a car accident take photos of the scene and your injury.


Step 4 :

– Maintain documentation :
 Any correspondence pertaining to your injury, medical records and receipts for expenses should be kept on file.


Step 5 :

– Submit a claim :
Fill and complete the required claim form. You have 6 months to file a claim with WorkCover.


Step 6 :

– Seek legal advice :
Talk with our lawyers at Maxiom for legal advice, we specialise in the compensation claims process, provide you with legal counsel and can help you gather the necessary documentation for your injury claim.


Step 7 :

– Attend any needed medical assessments :
Our lawyers may arrange independent medical examinations to assess the full extent of your injury and the impact on your life.


Step 8 :

– Gather evidence :
Our team of professional lawyers will help collect all required evidence, witness accounts, medical records.


Step 9 :

– Negotiation :
Maxiom’s injury compensation lawyers will negotiate on your behalf with the relevant insurance company or defendant in order to secure fair compensation.


Step 10 :

Consideration of a settlement or court :
In the case where a fair settlement can’t be made, our lawyers may advise proceeding to court.

Keep in mind that every case is different, and the process can change based on the specifics of your injuries and type of claim you are submitting.

 

Are There Limitation Periods for Knee Injury Claims?

Yes there are very strict deadlines in Australia for filing claims for knee injury compensation.

In Victoria:

  • Limitation periods for WorkCover & TAC is 6 years to pursue a common law claim.
  • You have 3 years from the date of the injury to file a personal injury claim
  • WorkCover claims require you to file a claim within 6 months of the accident occurring, and report the injury to your employer within the 30 days of the injury occurring.
  • A 3 year extension might be possible if the injury is discovered later.

You can look over our value resource blog serious injury claim payouts Victoria for further information

It’s important that you act promptly and take action as soon as possible, as you may forfeit your right to compensation.

You should speak to our lawyers right away if you have any questions regarding the deadlines, and gain legal counsel.

 

When Will I Receive Compensation for My Knee Injury Claim?

The timeline for receiving compensation can vary significantly, depending on the specific nature and complexity of your case, and whether it is settled out of court or goes to trial.

This can include :

  • Simple claims, which could be settled in 6 to 12 months.
  • More complicated cases may require 18 to 24 months or more.
  • If your case goes through to court, it can take longer for the final resolution of your claim.

However, you may be entitled to interim payments to compensate for immediate medical costs and lost wages, while your claim is being processed.

Maxiom Injury Lawyers will provide you with information on the timeline for your individual case, and the availability of interim payments to you.

 

What is the Average Compensation Payout for a Knee Injury in Australia?

The average compensation amount can start from $120,000 in Australia as an average payout, this may change based on your specific injury, and may result in a higher or lower amount.

In Australia, the amount of money for knee injuries may differ based on a number of factors :

  • The extent of the damage and its effect on your capacity to work
  • Your age and pre injury income
  • The circumstances of the incident and your long term prognosis

Although precise numbers are difficult to provide, payouts can be substantially higher for more serious injuries, particularly those that result in permanent impairment, that require surgery and cause lifelong damage.

 

How Maxiom Injury Lawyers Can Help

At Maxiom Injury Lawyers, we understand the difficulties associated with knee injuries as well as the intricacies involved in filing a compensation claim.

Our team of highly trained and professional lawyers specialise in personal injury claims and can provide you with the help you need.

Our services include :

  • Professional guidance on your legal right and entitlements under Victorian governmental law
  • A free initial consultation to evaluate your claim
  • A thorough case preparation process that includes obtaining and presenting strong evidence
  • Expert negotiating with insurance companies and defendants
  • Court representation in court if required
  • No win, no fee basis, meaning you won’t pay unless your claim is successful
  • Ongoing support and guidance through the claims process.

Contact us today, for a free, no obligation consultation and let us help you secure the compensation you deserve.