Your Guide to Neck Injury Compensation

How to find a neck injury lawyer near me

Neck injuries can significantly impact your ability to function, wellbeing and livelihood. Even a moderate injury can limit your capacity to work and to perform routine daily tasks.

If you have sustained a neck injury as a result of a car accident, workplace incident, accident in a public space, or as a result of someone else’s negligence, your neck injury lawyer will help you to understand exactly what you are entitled to claim under the applicable law.

What is workers compensation?

Workers compensation is a form of insurance that provides benefits to workers who suffer an injury or develop a medical condition in the course of, or as a result of, their employment.

These injuries might include suffering an injury at work on a specific day or developing a medical condition over a period of time due to the nature of the work performed.

Workers compensation is often referred to as WorkCover.

Workers compensation claims are managed by a number of insurance companies on behalf of the Victorian WorkCover Authority, also often referred to as WorkSafe.

What are the most common neck injuries?

Common neck injuries include:

• Whiplash
• Fractured vertebrae
• Disk injuries
• Spinal cord damage
• Pinched nerves
• Neck sprain/strain
• Stiff muscles and tendons

What are the common symptoms of a neck injury?

Symptoms can include:

• Difficulty turning the neck
• Headaches
• Muscle spasms in neck and shoulders
• Neck pain
• Stiffness
• Weakness in legs, arms, hands or fingers

Can I claim compensation if I have a neck 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 neck 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 neck injury as a result, you could be entitled to seek compensation for your pain and suffering, loss of future income and medical expenses.

Is there a time limit for making a neck injury claim?

Yes. Personal injury legislation imposes strict time limits on bringing a claim for a neck 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 neck 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. Our personal injury lawyers are experts in this field and can help you navigate the various types of compensation you may be entitled to. 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;
• Legal costs associated with your claim.

We understand that recovering from an unexpected accident or injury is stressful enough without adding the burden of legal fees. To help ease the process of obtaining legal advice, our personal injury lawyers offer a No Win, No Fee service, which means that if we are unsuccessful in winning your case for compensation, you will not be charged legal fees.

What happens if I’m unhappy with the insurer’s decision?

If the WorkCover insurer makes a decision that you do not agree with, you are entitled to dispute that decision by lodging a Request for Conciliation within 60 days of the date of the decision. Our expert workers’ compensation lawyers can assist you with this process.

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 1800 21 22 23.