Have you suffered a hip injury in Queensland due to someone else's fault or negligence? You may be entitled to compensation for injuries that occurred on the road, at work or in a public place.
Read on for information about the causes and types of hip injuries, your entitlements as a victim, how to make a claim, and timelines to be aware of.
Smith's Lawyers team of personal injury claims experts offer free initial advice and no-obligation appointments at home, in hospital, in-office or via phone. All claims have no upfront costs or risks of being left out of pocket under our No Win, No Fee, No Catch® promise. We operate Queensland-wide.
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Understanding Your Rights After A Hip Injury In Queensland
If the hip injury has been incurred due to an accident in Queensland that wasn't your fault, you may be entitled to claim compensation.
Here are the various compensation schemes in Queensland:
- Road and Car Accidents: If your hip injury results from a motor vehicle accident such as a car, truck, motorcycle or pedestrian accident, you may be able to lodge a claim through the Compulsory Third Party (CTP) scheme. The CTP claims scheme, which comes with vehicle registration costs, covers injuries sustained in road accidents caused by an insured vehicle.
- Work Accidents: For hip injuries sustained while at work, there are two primary paths for compensation. The first is a statutory claim through Workcover Queensland (or your employer's workplace compensation insurer if they are self-insured) which you can make regardless of who was at fault. If another party such as your employer was negligent and contributed or caused your injuries, you may also be entitled to file a common law claim.
- Public Place Accidents: If your hip injury occurred in a public place, like a shopping centre or park, you may be able to make a common law claim against the public liability insurer of the entity responsible for maintaining the area.
A hip injury is damage or harm that occurs in the hip joint, a critical part of our body that connects our leg to our hip. This joint is designed to withstand repeated motion and a fair amount of wear and tear, but it’s not indestructible.
While hip injuries can be the result of degenerative diseases like arthritis, they can also be the outcome of traumatic accidents, such as road accidents and falls at work or in public places.
Given the complexity and the vital role of the hip joint in our day-to-day movements, any injury can lead to debilitating pain, limited mobility, loss of work, significant medical expenses, and lowered quality of life.
20% of Australian hospitalisations are due to hip and pelvis injuries. These can lead to time off work, reduced lifting capacity and need for rehab and surgery. Hip injuries often occur due to a variety of circumstances.
Some of the most common causes include:
Road Traffic Accidents
Unfortunately, road and car accidents remain a significant source of hip injuries. These injuries often occur due to the abrupt and forceful impact experienced during a collision, exceeding the hip's ability to withstand the pressure.
This can lead to:
- Broken hips: Depending on the severity of the accident and the force of the impact, different types of hip fractures can occur. Commonly seen hip fractures include the femoral neck fracture (at the top of the femur bone), intertrochanteric fracture (higher up on the femur), and subtrochanteric fracture (lower on the femur).
- Dislocated hips: The ball and socket joint of the hip can dislocate if subjected to excessive force, causing significant pain and instability.
Vulnerable road users:
Pedestrians, cyclists, and motorcyclists are particularly vulnerable to hip injuries in road accidents due to their lack of protection compared to occupants of vehicles. These groups are more likely to sustain direct impact with the vehicle, increasing the risk of severe injuries.
Types of accidents:
Certain types of road accidents are more likely to result in hip injuries:
- Side-impact collisions: When a vehicle is struck from the side, the hip on the impacted side is often directly hit, increasing the risk of fracture.
- Head-on collisions: Although less common, head-on collisions can transmit significant force through the pelvis to the hip joint, potentially causing fractures or dislocations.
Hip Injuries at Work
Hip injuries are unfortunately prevalent in many Queensland workplaces, particularly those involving:
- Heavy lifting: Repetitive lifting of heavy objects, especially with improper technique, can strain the hip joint and surrounding muscles, leading to overuse injuries like tendonitis, bursitis, and muscle tears.
- Repetitive movements: Jobs requiring constant bending, squatting, twisting, or climbing can put repetitive stress on the hip joint, potentially leading to micro-tears, inflammation, and pain.
- Slips, trips, and falls: Even seemingly minor falls on hard surfaces can cause significant hip fractures, especially in older workers or those with pre-existing conditions.
- Vehicle collisions: In occupations involving forklifts, trucks, or other vehicles, even low-speed collisions can cause forceful impacts that injure the hip.
- Falling objects: Being struck by falling objects in construction, mining, or other industries can directly traumatise the hip, leading to fractures or dislocations.
Other Common Causes
- Falls in public places: Slip and fall accidents, particularly among the elderly, can result in severe hip injuries, including fractures. As per the Australian Institute of Health and Welfare Australia, 87% of new hip fractures were the result of a low-impact fall.
- Sports injuries: Athletes are at high risk of hip injuries due to high-impact actions and repetitive use.
- Osteoporosis: In older adults, osteoporosis can lead to weakened bones and an increased risk of hip injuries.
Let's explore the various hip injuries one might suffer from, each with the potential for serious impact and long-lasting effects.
- Broken hip: Hip fractures are often a result of high-impact road accidents. A fracture to the hip can cause severe pain and significant loss of mobility.
- Dislocation: A forceful impact during an accident at work or in a public place can cause the hip joint to dislocate, leading to immediate pain and difficulty walking.
- Strains or sprains: Both can occur from overstretching or tearing of muscles in the hip during a slip, trip or fall in the workplace or in public areas.
- Bursitis: This is inflammation of the cushioning sacs in the hip joint, which could be aggravated by repetitive strain or a hard impact due to a road accident.
- Tendinitis: This is inflammation of the tendons in the hip, which can result from repetitive movements in certain jobs or from trauma in an accident.
- Labral tear: This involves a tear in the cartilage that surrounds the hip joint, which can occur due to a substantial impact often seen in vehicle collisions or falls in public places.
Some hip injuries are quite mild while others can lead to more serious outcomes like getting a hip replacement.
There are certain occupations and industries where the likelihood of hip injuries is comparatively higher due to certain job-specific factors. The following professions have been identified as most susceptible:
- Construction Workers: They are often required to engage in heavy lifting and work in hazardous conditions, greatly elevating the risk of falls and subsequent hip injuries.
- Agricultural Workers: Workers in the farming industry often operate heavy machinery and handle large animals, both of which can result in hip injuries. Overexertion can also lead to musculoskeletal disorders.
- Nursing Home Staff: These individuals frequently assist with patient movement, which can cause strain on the hips and potential injuries.
- Warehouse and Factory Workers: These workers also often engage in heavy lifting, repetitive movements, and prolonged standing, all of which can contribute to hip injuries.
- Emergency Services Personnel: Firefighters and paramedics are at particular risk as they often need to move quickly and carry heavy equipment, increasing the likelihood of injuries.
Liaise with comprehensive hip injury compensation lawyers if you're a victim of workplace hip injury to ensure you get the most out of your claim.
Understanding The Hip Injury Compensation Claims Process
If you've suffered a hip or pelvis injury due to an accident at work, on the road, or in a public place in Queensland, you may be entitled to claim compensation. Here are the usual steps in a hip injury claim.
1. Seek free initial legal advice
The first step is to get in touch with a law firm that specialises in compensation claims for hip injuries. Such a firm will have the necessary expertise and understanding of the complexities of Queensland law and can confirm your legal options including eligibility to make a claim.
2. Engage a personal injury lawyer
After an initial phone assessment, the next stage is a no-obligation consultation to explain the process and client agreement in more detail and to gather initial key information relating to your accident and injury to help assess your case and your injury and identify the liable party. The client agreement will also be explained so you can understand the terms under which the personal injury law operates on. Smith’s Lawyers runs all claims risk-free with no upfront costs.
3. Gather evidence to build your case
Once your compensation matter is opened you will be allocated a personal injury lawyer who will start gathering the required evidence to build a strong case and to determine liability. This may include medical evidence, accident reports, witness statements, CCTV or dashcam footage or documentation of any loss of earnings due to your injury. Further down the track when your injuries have settled, your law firm may arrange for independent medical assessments such as occupational therapy assessment to assess your ability to work, long term recovery prospects and so on.
4. File your claim
Your personal injury solicitor will lodge a notice of claim and negotiate on your behalf with the liable parties, typically with their insurance companies (or their legal representatives) such as the CTP insurer of the at-fault party for car and road accidents or WorkCover Qld for workplace accidents.
5. Negotiate with the at-fault party's insurer
Negotiations with the insurance company aim to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
Most cases are settled out of court in a compulsory conference, an office based meeting involving yourself, your personal injury solicitor and a barrister they have engaged to lead the negotiations along with the legal representatives of the at-fault party's insurer.
In the unlikely event that a settlement cannot be negotiated out of court, proceedings can proceed to court. In most ‘no win, no fee’ agreements, you could be liable for the other side's legal costs if your case is not successful in court. Smith’s Lawyers No Win, No Fee, No Catch® promise protects you from this risk and means you cannot not be out of pocket.
6. Settlement payment
If your claim is successful, you will receive a lump-sum tax free compensation settlement. The amount received will depend on different factors, including the severity of your injury, any impact on your earning capacity, and any medical expenses incurred.
It is always recommended to seek legal advice as early on as possible to ensure you understand your hip injury claims rights.
What Evidence Do I Need To Support My Hip Injury Claim?
To support a robust hip injury claim in Queensland, it's necessary to compile a comprehensive set of evidence. This collection aims to validate your injury, the circumstances surrounding the accident, and the financial implications resulting from it. Let's dive into the crucial forms of evidence:
- Witness Testimonies: Eyewitness accounts can corroborate your version of the accident events. These could be from colleagues, passers-by or anyone present at the scene of the accident.
- Medical Reports: Detailed medical reports from your healthcare providers substantiate the nature and severity of your hip injury. Ensure these include treatment plans and projected recovery timelines.
- Proof of Accident: Clear evidence regarding where and how the accident took place is crucial. This can be in the form of CCTV footage, photographs, workplace accident logs, or police reports.
- Proof of Lost Earnings: If your injury led to time off work resulting in lost income, provide documentary evidence like payslips or a letter from your employer. Be sure to also consider the potential future loss of earnings if your injury has long-term repercussions.
- Details of Expenses: Maintain a record of all expenses incurred due to your injury. These include medical expenses, therapy costs, and any adaptations you had to make at home or in your car due to the injury.
Calculating Your Compensation Amount
How much compensation you receive can vary significantly from one case to another, depending on your personal circumstances and impact on your daily life including:
- Severity of the Injury: A minor fracture may come with fewer costs, including lower medical bills and less time off work. Meanwhile, a major injury may require hip surgery such as a hip replacement, long-term rehabilitation or result in permanent disability, drastically influencing the claim's overall value.
- Income Loss: If your hip injury has forced you into temporary or permanent unemployment, your lost earnings will be taken into account when calculating the overall compensation amount.
- Medical Treatment Expenses: All current and future medical costs related to your hip injury come into play here. This includes surgery, therapy, medication, and routine check-ups.
- Pain and Suffering: The legal system recognises that injuries can result in physical pain and emotional distress, which should be compensated.
Despite enduring the same injury, different individuals may receive different compensation amounts. For instance, let's consider two people with a similar hip fracture.
Person A is a 55-year-old accountant who could work from home during recovery, while Person B is a 25-year-old construction worker whose injury prevented him from working for several months and may impact their long term ability to do the more physical aspects of their profession.
Even though their injuries are the same, Person B’s claim might be valued significantly higher due to the longer-term income loss.
An expert personal injury solicitor can help you get the maximum amount of compensation, collect evidence, negotiate and manage the whole process on a no win, no fee basis.
Time Limits For Hip Injuries
When claiming compensation in Queensland, you usually have three years from when your accident occurred to start a personal injury claim. This rule typically applies whether the incident occurred on the road, at your workplace or in a public place. However, there are some notable exceptions to this rule.
For work-related injuries in Queensland:
- You have six months to lodge your claim with WorkCover. The six-month period begins whenever the incident takes place, either when you are injured or after a doctor has made their assessment.
- You have three years to commence legal proceedings for a common law claim. If your employer or a third party caused or contributed to your injury, this can be run alongside a standard WorkCover claim.
For motor vehicle-related injuries in Queensland:
- You have 9 months from the date of the accident or when injuries first became apparent to lodge a Notice of Accident Claim Form (known as a 'NOAC') with the Compulsory Third Party Insurer (CTP Insurer). A “reasonable excuse for delay” can be provided outside the 9 months but must be within 3 years of the accident, or you will be barred from making a claim.
- Or, you have 1 month from when you first consult with a lawyer about the possibility of making a claim to lodge the form. When running a claim with Smith’s Lawyers, your appointed solicitor will help you complete and submit this form. Note: This time limit is the earlier of the two (1 month vs 9 months), so if you have spoken to a lawyer about your potential claim, you must lodge the NOAC within 1 month.
- Where the motor vehicle at fault cannot be identified (such as in a hit and run), or the vehicle was unregistered, you have 3 months from the date of the accident to lodge a Notice of Accident Claim form with the Nominal Defendant. For these claims, if you have missed the 3-month period, a reasonable excuse can be provided, but it must be provided within the standard 9-month limit; otherwise, you will be barred from making a claim.
- After the Notice of Claim Form is lodged, you have 3 years from the date of the accident/injury to start legal proceedings.
These limits can fluctuate based on specific circumstances, such as exceptional delays in discovering the injury or if the injured party was under 18 at the time of the accident. For those under 18, the time limit begins when they reach adulthood.
At Smith's Lawyers, we offer free and no-obligation case reviews to aid you in understanding your legal rights after an injury. Operating on a No Win, No Fee, No Catch® basis, we aim to provide risk-free legal assistance and advocate for your right to proper compensation. Speak with our personal injury solicitors to know your options.
Frequently Asked Questions
To support your hip injury claim, it's crucial to gather evidence. This typically includes medical records indicating the diagnosis and treatment of the hip injury, photographs of the incident site, a written account of the injury event, and statements from witnesses. Smith's Lawyers assist our clients in this process and make many of the requests directly.
The time required to settle hip injury compensation claims can differ greatly, typically ranging between 12-24 months. This variation occurs due to a number of factors, such as the complexity of your case, the extent of your injuries, and the negotiation process with the offending party’s insurance company.
If your hip injury is a result of a defective product, you may be entitled to make a product liability claim. These claims are not limited to accidents in the workplace but can be made whenever a product is deemed faulty or fails to function as advertised.
Learn what private liability claim covers in Queensland.
No; our No Win, No Fee, No Catch® promise at Smith’s Lawyers means there are no upfront costs, and you can never be left out of pocket as a result of the claim. Typically with ‘no win, no fee’ agreements, you could still be liable for the other side's legal costs if your case goes to court and is unsuccessful. In the unlikely event that your case goes to court and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else.
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Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.