Suffering a serious head injury, especially a traumatic brain injury (TBI), can have a lasting effect on your life. These injuries often lead to permanent changes in your circumstances, affecting not only you but also your family.
Ongoing care and rehabilitation are frequently necessary, which can be costly. While head and brain injury compensation cannot undo the damage, it can provide crucial financial support and peace of mind.
What Compensation Am I Entitled To?
Following a head injury or concussion, you may require extensive medical care, rehabilitation, and long-term assistance to improve your quality of life. In some cases, certain aspects of your life may never fully return to normal. The compensation you receive for your head injury can help cover medical expenses, lost income, and other damages. The legal process for claiming head injury compensation will depend on the specifics of your case and where the injury occurred.
A head injury compensation claim usually entitles one to a lump sum payment, depending on its severity, given that they usually exceed the 11% whole person impairment threshold for non-exempt workers.
If your whole person impairment is above 14% and your employer was negligent. You might also be entitled to claim:
- Work injury damages payout and close off your workers compensation claim. Sometimes, depending on your circumstances and the details of the compensation, it could be better for you, to stay on the workers compensation statutory benefits, then receive a payout.
- Domestic care such as paid nurse and support worker
If your permanent impairment rate is between 21 – 30%, you will be entitled to get weekly wage compensation benefits until the age of 68 while your insurer will be able to request work capacity medical assessment every two years
If your permanent impairment rate is higher than 30%, you will be entitled to get weekly wage compensation benefits for life.
If you have been injured in a road accident that you were not mostly at fault and your injuries, whether, physical or psychological, have been assessed as non minor injuries, you could be entitled to claim a lump sum payment which would include an amount, depending on the nature of your claim, loss of income/opportunity. In addition, should your injuries, either physical or psychological be assessed as greater than 10% whole person impairment, you could also be entitled to claim compensation to take into account your pain and suffering.
Your pain and suffering payment is unique to your claim as it is depending on many factors from age to your circumstances both prior and post accident. If your injuries occurred in NSW, our CTP lawyers can assist you in determining your eligibility to claim damages for the changes in the quality of your life as a result of motor vehicle accident.
Whether you were injured at work, in public, on private property due to a healthcare provider’s medical negligence, or in any type of motor vehicle accident, our personal injury lawyers can assist you in determining your eligibility to collect damages for the changes in the quality of your life. In other words, it’s probable that you may have a claim for compensation if you’ve suffered a head injury, brain damage, neck injury, back injury, or any other sort of head injury.
It’s also important to seek legal advice even if your injury wasn’t caused by someone else’s negligence. You could still be entitled to a Total and Permanent Disability (TPD) claim. Our experienced TPD lawyers can assist you with the process and ensure you receive the compensation you’re entitled to.
How do I Claim Compensation for Head Injury and Concussion Damage?
The legal process for making a claim for compensation for head and concussion damage can be quite difficult to deal with. Claim processes vary depending on where the accident occurred. If you suffered an injury during the course of work, you may follow the steps below:
- Report the incident to your employer
- Seek medical treatment and request your General Practitioner (GP) complete a Certificate of Capacity; this document should include your GP’s opinion on the injury and its connection to your work
- Submit a Work Injury Claim Form as soon as possible.
- You can learn how to claim head & concussion injury compensation due to a motor vehicle accident in NSW (click to learn more);
- due to medical negligence (click here)
- due to public liability (click here)
- for superannuation injury compensation claims (click here).
What Are the Time Limits on a Head Injury Compensation Claim?
There are time restrictions for making certain types of compensation claims. The common point is that after a head injury we recommend oneto seek legal advice as soon as possible, of course, after receiving the treatment they require. The reason for the urgency in seeking legal advice for their compensation claim is due to the strict time limits that apply on claims.
In NSW, workers compensation claims should be lodged within 6 months and in some circumstances,where you need to commence court proceedings, such court proceedings must be commenced within 3 years from the date of the injury. It is critical to start the legal process right after the accident to receive your entitlements as soon as possible and to ensure you are not out of time in claiming compensation.
Motor vehicle accident claims should be reported no later than 3 months and compensation claims should be filed with the Personal Injuries Comission for NSW or court within 3 years.
Public liability and medical negligence claims should be made as soon as possible especially when you require proof and evidence in support of your claim and they also carry a 3 year time limit from the date of accident or injury, depending on the circumstances.
How much is a head injury compensation claim worth?
Head and concussion injury claims can be work, motor vehicle accident, medical negligence, or even public liability related; compensation amounts are determined by a variety of criteria, including but not limited to the severity of the injury, the amout of loss suffered, age, the time required to recover, rehabilitation, the expense of current and future medical treatment, as well as whether or not continuous medical care is required.
Once our legal team has a better understanding of your case, we can assist you and provide you with guidance on what to expect, the usual ranges of compensation you could be entitled to, and the time period it may take for your personal injury matter to resolve.
Work with an experienced team of personal injury lawyers
If you or a loved one has suffered a head injury or concussion, our team is here to help you secure the compensation you deserve. We understand how overwhelming and stressful head injuries can be, and we are committed to supporting you through the legal process while you focus on your recovery and medical care.
Our lawyers offer No Win, No Fee services, meaning you won’t have to pay any upfront costs and will only be charged if your claim is successful. For a free claim check, call us today at 1800 952 898 to discuss your head injury 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
