If you have suffered a pelvis injury, whether it be from a slip, fall, accident, or an injury you have sustained over a period of time, you may be eligible for compensation. At Gordon Legal, our team of specialist lawyers will guide you through the process, and answer any questions you may have about making a pelvis injury compensation claim.
The pelvis and hips provide the connection between the upper and lower body. A pelvis injury or an injury to this part of the body can be debilitating as routine movements like walking, bending and twisting can be met with severe pain, disrupting your daily routine and making it extremely difficult to live your everyday life.
Pelvic injuries can happen in a number of ways. The most common causes are accidents involving a traumatic incident such as a slip, trip, fall, crush injury or car accident. However, pelvic injuries can also occur from overuse. High-level athletes and workers who perform repetitive activities with their hips and pelvis throughout the day are prone to these kinds of injuries.
You may be entitled to make a claim for compensation if you sustained a pelvic injury as a result of:
- A car accident;
- A workplace accident;
- An accident or incident in a public space or a privately owned property;
- Professional negligence including improperly provided medical procedures, prescriptions and advice.
Is there a time limit for making a pelvis injury claim?
Yes. Personal injury legislation imposes strict time limits on bringing a claim for a pelvis injury.
The length of time you have to file a claim will depend entirely upon the type of claim you are filing, who you are filing it against, the state or territory in which you are lodging your claim, and how long ago the injury occurred.
Depending on the circumstances of your injury, you may have entitlements under statutory schemes such as WorkCover or TAC, as well as further entitlement to serious injury compensation under common law. Each of these compensation schemes has its own set of time limits, so we recommend seeking professional legal advice if you are unsure about how much time you have to lodge your claim.
How much compensation can I get for a pelvis injury?
The amount of compensation you may receive depends on a range of factors, including the severity of your injury and your entitlements under the relevant compensation scheme. Broadly speaking, you may be able to claim:
- Medical and hospital expenses, including treatment and rehabilitation costs;
- Compensation for loss of wages and superannuation;
- A lump-sum payment if the accident results in permanent impairment;
- Damages for pain and suffering, loss of enjoyment of life, loss of amenities and potentially also loss of income (past, present and future) if the injury occurred in negligent circumstances and is serious (‘common law damages’);
- Legal costs associated with your claim.
How much time will it take to get compensation on pelvis injury?
As with all personal injury claims, the time it will take to get compensation depends on a number of factors including:
- the severity of your injury;
- the complexity of your case;
- the length of time it takes for your injury to stabilise;
- the type of compensation sought and the governing compensation
As a guide, under statutory schemes such as WorkCover and TAC, payments for loss of earnings generally begin soon after the claim is accepted. WorkCover decisions are usually made within 38 days of making a valid WorkCover claim, while TAC decisions are usually made within 21 days if no further information is required.
By contrast, compensation in the form of a lump sum payment where your accident results in permanent impairment can take 12 to 18 months or longer. This is because the assessment of permanent impairment can only take place after the injury has settled or stabilised. An injury is considered ‘stable’ if its effects are not expected to change significantly over time or after further treatment. The time it takes to process the claim for compensation will depend on the nature and extent of the injury and the associated stabilisation times.
Claims for common law damages arising from someone else’s negligence involve complex legal questions and may require the matter to be determined in a court of law. Timelines for resolution can vary greatly and we recommend seeking legal advice before pursuing a claim.
Can I claim compensation if I have a pelvis injury at work?
In Victoria, the WorkCover scheme provides compensation for workers who have been injured in the course of their employment. If you have sustained a pelvis injury at work, you may be entitled to claim compensation under the scheme. Similar workers compensation schemes are available in all other states and territories administered by their respective governing bodies. A list of these bodies can be found here.
WorkCover is a ‘no-fault’ scheme, meaning that injured workers are able to make a claim regardless of who is at fault. The injury does not need to be serious in order to make a claim, although the severity of the injury may limit your compensation entitlements.
In some cases, if you have suffered a serious injury and your employer was at fault, you may also be able to pursue a common law claim for damages. Your employer has a duty of care to provide you with a safe workplace. If this has been breached, and you have sustained a serious pelvis injury as a result, you could be entitled to seek compensation for your pain and suffering, loss of future income and medical expenses.
What to do if this information applies to you
At Gordon Legal, we provide personalised and individual advice on your potential claim for compensation.
For an obligation free discussion, call 1800 21 22 23 to speak with a caring and committed member of our team. If you are based in the Geelong area, call (03) 5225 1600.