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Chapters:
00:00 – Introduction to back injury payouts
00:19 – Interesting statistic about back injury payouts
00:40 – Some of the ways you can claim for a back injury
00:56 – People with PTSD experience intense emotion or physical reactions which include:
01: 28 – Back injury example 1 (A client who worked as a builder)
02:08 – Back injury example 2 (Public Liability / Slip & Fall)
02:49 – Law Partners CTA
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Transcript:
Back injuries can be completely debilitating, and they can make it extremely difficult to keep working and doing the activities you love. So I’m going to run through back injury payouts along with a few examples, to hopefully help you determine whether you’re eligible for compensation and what you could claim for.
According to the Australian Bureau of Statistics, 4 million Australians currently have back problems and 80% of the adult population will suffer from lower back pain at some point in their lives.
Depending on how you injured your back, compensation may be available to help with time off work, treatment, and in some cases lump sums are available.
Yo (u can claim compensation for a back injury if the injury occurred at:
– Work or whilst working
– In a motor vehicle accident as the driver, passenger, pedestrian, cyclist or motorcycle rider or
– In public where the owner or occupier, such as a supermarket, has acted in a negligent way and found to be responsible for the accident
If your back injury stops you from working in a job that you’re trained in, you may also be entitled to a total and permanent disability lump sum payment through your super fund.
When it comes to physical work injuries, back problems are one of the most common injuries that occur, and we’ve settled thousands of back injury claims over the years.
Example 1:
One of the more memorable back injury workers compensation claims involved a client who worked as a builder.
He was carrying a large steel beam with a colleague who unintentionally let go – forcing all the weight to shift onto ou
r client, causing a serious back injury that required fusion surgery.
We managed his claim and in addition to having surgery approved we helped him obtain a lump sum payout for permanent impairment that amounted to approximately ,000 and meet the threshold to bring a common law claim against his employer.
In NSW this type of claim is known as a work Injury Damages Claim and entitled him to a further lump payout for his past and future economic loss which was several hundreds of thousands of dollars.
Example 2: PL slip and fall
Compare this to another client of ours that was fairly similar in age and occupation who hurt his back when he slipped on a wet floor at a fast food restaurant that did not have up any visible warning signs.
Because his claim wasn’t governed by the workers compensation system but was a public liability claim we were able to claim a lump sum that covered not just his economic loss (like the client on workers compensation) but also included provision for his treatment needs, domestic assistance and a substantial payment for pain and suffering.
It goes to show that, unfortunately, how your injury occurs can play a big role in determining what you might be able to claim as a lump sum.
Hopefully this has been helpful to you. If you’re still unsure about back injury payouts or need help with your claim, call Law Partners and have a confidential conversation with one of our specialist personal injury lawyers today.
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