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Can Compensation be Claimed for an Elbow Injury in Australia?


— January 3, 2022

Elbow injuries may also be the subject of “motor vehicle accident compensation claim” or “public liability” topics, depending on the cause of the injury.


Yes. These types of injuries can limit you from even doing your daily activities. Therefore, you may be eligible for elbow injury compensation depending on where the injury occurred.

Where do elbow injuries usually occur?

It is a type of injury discovered by tennis players because of repetitive movements such as holding and shaking the racket. That’s why it’s called tennis elbow. But despite its name, it doesn’t only happen to tennis players. Occupational groups such as painters, construction workers, butchers who do work with repetitive movements may have similar injuries. Thus, tennis elbow is one of the injuries subject to compensation.

Woman’s arms and legs protruding from white bathtub as she is on her back; image by Julieta Christy, via Unsplash.com.
Woman’s arms and legs protruding from white bathtub as she is on her back; image by Julieta Christy, via Unsplash.com.

There are many events in which an elbow injury can occur. For example, occupational accidents are one of the well-known examples of this. In addition, elbow injuries can occur due to a motor vehicle accident. “Repetitive strain injury due to your occupation, falls caused by poorly maintained roads and walkways, sloppy flooring that leads to slip and fall” events can also be counted among the most common causes.

What compensation can be claimed for elbow injuries?

  • Medical expenses such as medical treatments, physiotherapy, medication, and a wage can be demanded according to the income and working capacity before the injury.
  • Domestic help and lump sum. (If the injured person’s disability meets the 15% permanent impairment threshold)
  • If whole person impairment meets the 11% threshold, a lump sum payment can be requested.
  • Pay-out under common law (if the injured person’s disability reaches or is greater than the 15% permanent impairment threshold and the employer was at negligent)

In addition, elbow injuries may also be the subject of “motor vehicle accident compensation claim” or “public liability” topics, depending on the cause of the injury.

If you have an elbow injury at work, how should you go about claiming compensation?

As far as the legal process is concerned, the injury should be reported to the employer as soon as possible. Then, medical treatment should be obtained from the doctor and the doctor should complete a “Certificate of Capacity.”. The Work Injury Claim Form should be sent to the employer along with the certificate of capacity as soon as possible. 

For more detailed information about the process, you can contact Withstand Lawyers.

Is there a time limit for claiming compensation?

The time limit for submission of “Work Injury Claim Form and Certificate of Capacity” in NSW is 6 months. In addition, if the injured person has the right to claim for work injury damages, the time limit for is 3 years to commence court proceedings.

Is it necessary to work with a lawyer to claim compensation?

No. But if you work with compensation lawyers, the process will be much easier for you. For workers compensation matters, you are not responsible for your legal costs and payments as they are covered by the Independent Review Office, and therefore you will not pay any legal costs or payments for your workers’ compensation claim.

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