Being patient with your personal injury case pays off

Many people experience frustration with the length of time it sometimes takes to finish a compensation claim. The way claims are run is largely dictated to us by the law – it lists various things we must do in order to claim. In the below case study we look at a work ending back injury claim.

Depending on how you got your injury (a car accident or a work accident or a medical procedure gone wrong or something else), slightly different considerations apply. In all matters, the first thing that must happen is that your injury must become “stable” so that Doctors can “assess” your injury.

What is a stable injury?

The more serious and injury, the longer it takes to reach the point of being “stable”. Stable does not mean a person has recovered. What it does mean is that they are unlikely to get much better in the future. There is little further Doctors can do to improve the injury and what the person has is likely going to be with them for life.

How does a doctor assess an injury?

“Assess” is what the Doctors do. They examine an injured person and provide an opinion on how the injury will affect a person, especially their future work. “Assessment” of an injury is a very important aspect of any personal injury claim.

Truck Accident at work: back injury claim forces early retirement

What follows is an actual personal injury case study that illustrates how the workers compensation operates. We’ve changed the name and location for privacy reasons but otherwise the essential facts of this case study is very real.

We recently finished a claim for a man from Ipswich: Greg. Greg suffered a very serious back injury in a truck accident in Brisbane. His injury occurred in 2015 and he dealt with WorkCover QLD for twelve months before contacting us in 2017.

Surgery followed by rehabilitation with physiotherapy and hydrotherapy

We set about preparing his claim, then Greg had to have back surgery. Major surgery means another twelve months passes before the injury becomes “stable”. back injury means medical surgery operation doctors nurses

After his surgery, Greg had to undergo 12 months of rehabilitation and treatment: mainly physiotherapy and hydrotherapy. For nature take its course, it need time, and by now it was 2018.

 We battle the insurance company for a fair settlement

Finally, we were able to have Greg “assessed” by Doctors and all the medical evidence and other records that must be submitted to the insurance company were lodged. By that time, it was late 2018 and a settlement meeting occurred. These meetings are compulsory. The intent is to bring people together to try to resolve the claim without the need for Court.

Greg and the insurance company could not agree on a fair settlement sum, so the case proceeded to Court. Preparing for Court takes about four months in every case and then the Court will allocate a hearing date. Depending on which Court you go to, the wait could be between three months to nine months.

By mid-2019, Greg’s case was heard and decided by the Court. So whilst Greg’s final outcome took four years to achieve, you can see that “the system” is what it is and takes a long time. Significant delays can occur if surgery happens during the life of your claim – it depends upon the type of surgery of course and how a person recovers.

If the claim takes four years, it’s very likely going to be a large claim. This is because the big injuries take longer to get better so they can be “assessed”.

Forced by injury into early retirement but secure financially

Greg? Well, he never has to work again and he’s happy that his financial future is secure. He wishes that he wasn’t injured but when you have an accident that means you can’t work – you need the claim to survive.

Will you be our next successful Personal Injury case study?

If you are looking at making a claim then we will be able to advise you if are likely to be successful.


Check back to see more personal Injury case study examples in the future.

If you have a question about a possible case, then contact us now.

hD Lawyers have offices in Brisbane and Ipswich, but we can come to you

We have offices in Brisbane and Ipswich. Despite that, we pride ourselves on our service and we are also available for home visits or free consultations at a place convenient to you. That includes throughout Southeast Queensland from the Sunshine Coast down to the Gold Coast, and even the Tweed Coast in NSW. We’re readily available on phone or email at times convenient to you, as we know people have busy days.

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