Are you unsure of whether or not you can claim compensation for your recently injured toe or foot? This article will shed some more light on this issue.

There are many instances where lodging a foot injury claim is possible, like car accidents and work-related incidents, medical negligence, and even a fall in a public place, like one of the local shops or a shopping centre.

Workers compensation can be claimed over and above your foot injury claim if you have been injured at work.

Am I eligible to make a foot injury compensation claim?

Foot and toe injuries fall under personal injury claims. People injured, who have suffered a foot or toe injury that requires medical treatment due to someone else’s negligence, may be entitled to foot injury compensation.

If you are suffering whole person impairment you are entitled to make TPD claims as well.

You could claim for medical expenses, lost wages, future economic loss, as well as pain and suffering.

In addition to this, the Queensland workers’ compensation scheme also gives you the right to sue your employer if you feel they contributed to your injury through a negligent act.

This is known as a common law claim.

What are the common causes of foot injuries?

Motor vehicle accidents, work-related incidents, and slips and falls are responsible for many traumatic foot and ankle problems, such as fractures and sprains.

Overuse, like standing on your feet all day at work, can cause wear and tear of joints, ligaments, tendons, and muscles and make them prone to arthritis and injury.

What are the common types of foot injuries?

Common types of foot injuries include:

  1. Broken bones
  2. Ankle injury
  3. Crushing injury
  4. Plantar fasciitis
  5. Soft tissue damage
  6. Ligament damage

How much compensation could I claim for a foot injury?

Personal injury comprises several types of injury, including foot injuries. Each claim is individually examined and assessed according to its specific circumstances.

That said, every personal injury claim has common features. For one, they are always a huge inconvenience.

The amount of compensation depends on the nature of your injury, pain and suffering, medical expenses incurred, and rehabilitation costs.

Permanent disability, permanent impairment, and ongoing pain warrant a much higher level of compensation and entitle you to TPD claims. You are also entitled to claim for your legal fees.

What evidence would I need to support a foot injury claim?

You will need the following evidence to support your foot injury claim:

  1. Medical evidence and assessments, treatment, and reports, like X-rays, CT, and MRI scans.
  2. Record of medical bills and expenses, and lost wages.
  3. Photographs of your injured foot or toe, especially if it is a serious injury.
  4. Record of circumstances surrounding your foot injury, for example, details of how the motor vehicle accident or work-related incident occurred, and who was at fault.

Are there any time limits associated with making a foot injury compensation claim?

In Queensland, claims are subject to strict time limits. This includes common law claims, for personal injury damages. Foot injury claims must be lodged in court within three years from the date the injury occurred.

If you fail to institute legal action within three years the claim becomes statute barred. This means you cannot recover the debt. In Queensland, an injured worker has six months from the date of the injury to lodge their WorkCover claim.

If not lodged within the six-month time limit then a reasonable excuse for the delay is required.

What process do I need to go through to make a foot injury compensation claim?

This is the step-by-step process to follow when claiming your compensation payout:

  1. Initial consultation: You will discuss the general damages, and circumstances of your foot injury with your personal injury lawyers at your initial consultation.
  2. Investigation: Your personal injury lawyers will start an investigation into the circumstances of your foot or toe injury.
  3. Treatment: It’s important to follow your doctor’s prescribed treatment for full recovery or maximum medical improvement.
  4. Demand package: This tells the story of your foot injury claim including how the accident happened, the theory of liability, and the settlement demand.
  5. Negotiations: After a review of the demand package, the insurance carrier will usually respond with a settlement offer.
  6. Settlement: The terms of the settlement will be detailed in a settlement agreement, be it a lump sum payment or several compensation payouts. This agreement will be prepared by your personal injury lawyers.
  7. Litigation: If you cannot reach a settlement agreement, you may have to file a lawsuit and present your foot injury claims to a jury.

Do I need a compensation lawyer to help me lodge my claim?

It is not compulsory by Queensland law to retain compensation lawyers to make a personal injury claim.

However, although you are entitled to claim on your own, we recommend that you hire a personal injury lawyer who can give you a rough idea of compensation payout amounts. This makes sense, especially as some personal injury lawyers offer a “no win, no fee” agreement.

They can help you get the maximum amount of compensation possible for your injury compensation claims.

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