According to Safe Work Australia, elbow injuries compose 10% of upper limb injuries. Such types of injuries may limit your ability to do ordinary activities however you could be eligible for compensation benefits regardless of where the injury occurred.
Where can elbow injuries arise?
There are several incidents in which an elbow injury may arise. Some of the most typical accidents that result in elbow injury compensation claims may be as a result of:
- Accidents at work
- Elbow injury caused by a motor vehicle accident
- Repetitive Strain Injury (RSI) due to your occupation
- Falls caused by poorly maintained roads and walkways
- Sloppy flooring that leads to slip and fall
Tennis elbow injuries
The tennis elbow is the most frequent kind of overuse injury. It was originally discovered in tennis players as a consequence of the repetitive gripping and wrist extension involved with holding and swinging a racquet as the name indicates. The ailment is not confined to tennis players or sportsmen, despite its name. People who engage in trades that require repetitive wrist and forearm movements, such as construction workers, painters, plumbers, butchers, carpenters, and such are more likely to develop tennis elbow and are usually eligible for a tennis elbow injury claim.
Am I eligible?
If you have suffered an elbow injury during the course of employment, you might be entitled to elbow injury compensation benefits under Workers Compensation scheme.
What can I claim?
- Medical expenses – eg. medical treatments, physiotherapy, surgery, nursine, medication and any other reasonable and necessary medical expenses
- Wages – based on your income before the injury and capacity to to work
- Domestic assistance – if your whole person impairment meets the 15% personal impairment threshold
- Lump sum payment – if your whole person impairment meets the 11%; the threshold is greater than 0% for exempt workers
- Common law – if your injuries are assessed greater than 14% and your employer was negligent
Elbow injuries could also occur due to motor vehicle accidents such as car, truck, forklift and even as a pedestrian. You can find out more information on our Motor Vehicle Accident Claim page.
If you suffered an elbow injury in a public or private property because of the occupier’s negligence, you may be entitled to claim Public Liability compensation. You can find out more information on our Public Liability page.
How can I claim?
You should consider lodging a workers compensation as soon as possible if you have sustained an injury. The general steps are as follows:
Step 1
Report the injury as soon as possible to your employer.
Step 2
Seek medical treatment from your GP and request they complete the Certificate of Capacity. This certificate requires your practitioner’s opinion on the injury and whether it is work-related or not.
Step 3
Complete a Work Injury Claim Form as soon as possible and send it along with the completed Certificate of Capacity to your employer who should send it to their workers compensation insurer within 48 hours. The insurer will then be in contact with you about whether they will accept liability or not. Please contact our office for free legal advice regardless of whether the insurer accepts or denies liability to ensure you are not missing out on entitlements and to ensure you are following the procedure correctly.
What are the time limits?
- The time limit to lodge the Work Injury Claim Form and Certificate of Capacity is 6 months in NSW.
- The time limit to commence court proceedings if you are eligible to make a work injury damages claim is 3 years.
How much compensation do you get for an elbow injury?
The amount of compensation that you may be entitled to is determined by a variety of factors, including where the injury occurred, the seriousness of the injury;your whole person impairment assessment and other factors.
Feel free to call us for a free injury claim evaluation to calculate the amount of compensation you may be entitled to. Our experienced lawyers would be delighted to assist you whether you have a tennis elbow injury or broken elbow; our team is experienced in both injury types.
Can I claim a disability payout through my insurance?
Yes, if eligible, , you may be entitled to a TPD Superannuation payment which generally varies between $50,000 – $350,000. Total and permanent disability includes a physical disability, mental disability, or sickness. Our lawyers are experienced in both workers compensation and superannuation claims; reach us for a free claim check to maximise your entitlements.
Why Withstand Lawyers for my workers compensation claim?
Our personal injury lawyer only do personal injury claims which include workplace accidents and motor vehicle accidents. We will understand your expectations and explain your entitlements in a simple way. Contact our experienced lawyers on 1800 952 898 or fill out the form and we will call you back. You will not be liable for your legal costs and disbursements as they are covered by the Independent Review Office and as such you will not pay for any legal costs or disbursements for your workers compensation claim.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
