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Table of contents

1. The true losses suffered in a Car Accident are often under-estimated.2. Who can claim motor vehicle injury compensation?3. What can you claim for as part of motor vehicle injury compensation?4. What are the most common road and car accident injuries?
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If you’ve suffered a knee injury because of someone else’s negligence in Queensland, then you may be entitled to compensation.

Injuries to the knee can seriously impact the ability to carry out many daily tasks including those required for work such as walking, lifting, climbing or driving. Murphy’s Law Accident Lawyers are experts in knee injury compensation for claims where the injury has happened due to the negligence of another party such as workplace employer, another driver in a motor vehicle accident or a public venue failing in their duty of care.

We service all regions of Queensland and run claims on a no win, no fee basis with no upfront costs. Our knee injury claim lawyers can provide free initial advice over the phone to explain the options available to your specific situation.

A 2019-2020 study by Safe Work Australia found 20% of serious claims relating to falls, trips and slips were knee injuries, whereas 9% of injuries caused by body stressing were those involving the knee.

Our personal injury lawyers at Murphy’s Law Accident Lawyers can provide free and no obligation initial advice on your options and entitlements to compensation. Our expert team run all claims on a no win, no fee basis with no upfront costs.

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Common knee injuries

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Knee injuries can range from minor, such as a twist or bruise, to moderate, such as torn cartilage or meniscus, to more serious injuries such as fractures and breaks that can result in osteoarthritis or knee replacement surgery. Some of the most common knee injuries include:

  • Fractured knee - Where the knee bones, inclusive of the kneecap (patella) can break. Symptoms include pain, swelling, bruising, and the inability to bear weight.
  • Torn Ligaments (for example, ACL/PCL) - The Anterior Cruciate Ligament (ACL) and Posterior Cruciate Ligament (PCL) are two (2) of the four (4) major knee ligaments that can tear or break away from the shinbone (tibia).
  • Torn Meniscus - A meniscus tear is the tearing of the rubbery C-shaped cartilage in your knee that helps with shock absorption. Symptoms include swelling, stiffness, and difficulty extending the leg.
  • Tendon tears - Where the tendons that help make your knee move forwards and backwards tear. Symptoms include pain, the inability to walk, swelling, and hearing or feeling a “pop.”
  • Knee bursitis - The inflammation of the small sac of fluid that cushions the outside of your knee. Symptoms include having a warm, tender, and/or swollen feeling on your knee when you apply pressure.
  • Patellar tendinitis - Where the tendon connecting the kneecap (patella) to the shin (tibia) becomes swollen. Symptoms include pain, swelling, and stiffness.
  • Dislocation - A dislocation occurs when the bones of the knee have come out of place, either completely or partially. Symptoms include a “popping” sensation when dislocated, knee pain, and swelling.

Common causes of knee injuries

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While injuries to your knees can happen in any number of ways, some of the most common causes can include:

  • Falls from a height - A heavy and awkward landing following a fall from a height can cause knee injuries such as tendon tears.
  • Car and road accidents - The sudden impact and force from a vehicle can result in severe injuries such as knee fractures and dislocations. Posterior Cruciate Ligament (PCL) injuries are due to impact on the front of the knee, common in car accidents.
  • Certain occupations - Jobs that require repetitive movements can induce stress on the body, such as Trades, Agriculture, and Healthcare.
  • Slips, Trips, and Falls - Poorly maintained, uneven, and slippery surfaces coupled with inadequate signage can contribute to knee injuries in public places like supermarkets, shopping malls and worksites.
  • Direct impacts to the knee - Whether you are stuck by a vehicle, another person, or an object, direct impacts to the knee can greatly increase your chance of injuring your knee.
  • Sudden twists and awkward movements - Sometimes sudden and unexpected movements can cause stress on your knees, leading to injury.

If your injury has been caused by someone else’s negligence, whether you were in a motor vehicle accident, a public place or on private or government land, you may be entitled to compensation.

Knee injury from a motor vehicle accident

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Regardless of whether you were hit from the front or back, the knees can bear the brunt of the impact. Especially when you are hit front the front, your knees can meet the dashboard, steering column, or other hard interior surfaces of the car.

If you are involved in a Motor Vehicle Accident, you may be entitled to an amount of compensation calculated based on several factors including the severity of the crash, the injuries you sustained, any treatment/rehabilitation cost associated and the impact the injury has on your quality of life (work capabilities, social engagements, physical and mental health).

Knee Injury Workers Compensation

If you suffer an injury at work, you may quickly find yourself in financial stress. From being a dual-income to a single-income household, you may find that your knee injury has caused a burden on your partner, and/or your family. That’s why it’s important to speak with one of our experienced workers compensation lawyers as soon as possible. We can help you navigate through a workers compensation claim to get not only the compensation, but the care and treatment you’re entitled to.

Your eligibility to claim Worker’s Compensation depends on a few different requirements, including:

  • That your knee injury is work related and happens either during or travelling to or from work;
  • That your employer has workers compensation insurance; and
  • You are an employee at the place you are working.

Professions at high risk of knee injuries

Work-related injuries, especially relating to the knees, are typically the result of high demand on the body which can lead to increased and repetitive physical exertion. On your knees, this can cause stress-induced pains and discomfort, movement limitations, inflammation, and knee bone/ligament wear and tear. Careers with high work-related knee injuries include Labourers, community and personal service workers, technicians and trades workers and machinery operators and drivers. 

How are knee injury claims calculated?

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The amount of compensation you may be entitled to depends on several factors including:

  • General damages (also known as ‘pain and suffering’)
  • Economic loss. Your loss of earnings (past and future);
  • Medical and rehabilitation costs including surgery, physiotherapy and exercise physiology;
  • Lost superannuation benefits
  • The degree of permanent impairment

How long do I have to make a knee injury claim?

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Depending on how your injury occurred, there are different time frames that you need to be aware of. For motor vehicle accidents, you have three (3) years from the date of accident to bring a claim.

For workers compensation, you generally have six (6) months from the time of the accident to file a claim. If you have suffered an injury because of negligence on the part of your employer and wish to make a claim for legal compensation, the three (3) year limit applies.

If you were injured in a public space, you will have three (3) years to commence a claim. You should also be wary of the time frames for providing notice to the potential defendant. Generally, you will have nine (9) months to lodge a claim. However, if you engage a lawyer you will need to lodge a claim within one (1) month.

We recommend seeking legal advice as soon as possible to ensure no time limits are missed and to ensure the most reliable evidence for your claim can be gathered. See our more detailed personal injury claim time limit page for further information

Speak to our no win no fee lawyers today and find out where you stand in relation to your knee injury. We can help you to identify whether it is viable for you to pursue a claim for compensation.

Posted by Richard Greenwood Head of Marketing

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Disclaimer: Please note, this content is designed as general information only and does not constitute legal advice. While we make every effort to fact check and keep items up to date, legislation may change from time to time. For advice on your specific situation then please contact us.
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