Common examples of gym injury claims
We’ve spent over 25 years helping Australians injured at the gym get the compensation they deserve. Some of the most common gym injury claims we’ve helped clients with include:
These are just some of the gym injury claims we’ve successfully handled, so even if your situation isn’t listed here, you may still be entitled to compensation. To find out if you qualify, get in touch with our gym injury lawyers today. Your first consultation is completely free.
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How to sue a gym for injury
To successfully make a gym injury claim, you need to meet four key criteria:
To succeed in a gym injury claim, you’ll need strong evidence proving each of the four criteria. Every case is different, so this process isn’t always straightforward.
To give your claim the best chance of success, it’s a good idea to speak with a specialist gym injury lawyer before you start. In a free consultation, we’ll assess your situation, explain your entitlements, and outline the steps needed to build a strong, evidence-based claim.
Gym injury compensation calculator
The amount of compensation you could receive for a gym injury claim depends on the severity of your injury and how it impacts your life. Depending on your circumstances, a settlement could cover:
How is pain and suffering calculated?
Pain and suffering (also called ‘non-economic loss’) is harder to calculate than things like lost income or medical bills. It takes into account more personal factors, such as how your injury has affected your happiness, daily life, and overall quality of life. Because of this, you could receive a significant lump sum. But in most states, you must first meet a minimum injury threshold.
This threshold is usually assessed by an independent medical specialist, who assigns a rating to your level of permanent impairment. Depending on your state, this may be called a WPI (Whole Person Impairment) or ISV (Injury Scale Value) rating. Generally, the higher your rating, the higher your potential compensation, though each state also sets maximum payout limits.
| State | Requirements for claiming non-economic loss | Maximum compensation for non-economic loss |
| NSW | Your injury must be assessed at over 10% WPI. | $654,000 |
| Victoria | You must have either:
• 30% WPI or
• A serious injury certificate from the Transport Accident Commission
| $663,580 |
| Queensland | You must have an ISV of 1 or higher. | $456,950 |
| South Australia | You must have an ISV of 11 or higher. | $405,780 |
| Western Australia | • Your injury must be assessed at over 5% Whole Person Impairment (WPI), and
• Your claim must be worth over $25,500. This amount increases every year with inflation.
| $485,000 |
| Tasmania | Your claim must be worth more than $7,000. This minimum value increases every year due to inflation. | No cap on damages. |
| ACT | No requirements for claiming non-economic loss. | No cap on damages. |
Keep in mind, pain and suffering is only one part of a gym injury claim. Your full payout may also cover medical expenses, ongoing treatment, and lost income. In some cases, you could receive even more for things like lost future earning capacity or long-term care needs, particularly if your injuries are severe or you had a high income before the accident.
What other compensation could I receive?
In addition to your gym injury claim, you may also qualify for a lump sum Total and Permanent Disability (TPD) claim if your injury prevents you from returning to work. The good news is, most people automatically have TPD insurance through their super policy, so you’re probably eligible without even knowing it.
As part of our comprehensive service, we carefully assess your situation to identify all potential claims, which can sometimes be worth significantly more than your initial gym injury compensation alone.
Can I still claim if I signed a liability waiver?
Yes, signing a gym liability waiver does not automatically prevent you from claiming compensation.
Most gyms include waivers in their membership contracts, often buried in the fine print. These waivers are intended to limit the gym’s legal responsibility if a member is injured. However, gyms still have a legal duty of care to ensure that their facilities, equipment, and classes are safe and fit for purpose. If a gym fails to meet this responsibility, you may still be entitled to compensation, even if you signed a waiver.
That said, not every injury will be the gym’s responsibility. For example, if the equipment is well-maintained and you are injured because you misused it (such as lifting weights beyond your capability), the gym is unlikely to be found liable. Similarly, injuries caused by your own distraction or risky behaviour, like falling off a treadmill while not paying attention, generally cannot be blamed on the gym.
What to do if you’re injured at the gym
If you suffer an injury at the gym, following these four steps will protect your health and right to a future claim:
- Prioritise medical care: After a gym accident, get medical attention for all injuries, no matter how minor they seem. Not only does this ensure you receive proper treatment, but it also creates important documentation for your claim.
- Report the incident: Notify the gym management about what happened as soon as possible, ideally in writing. Make sure to keep a record of all communications, including emails, forms, or incident reports.
- Collect witness statements: If anyone saw your accident, get written statements and their contact details quickly. Memories fade over time, and early statements can be crucial in supporting your claim.
- Seek legal advice: Speak with a lawyer who specialises in gym injury claims to understand your rights. In a free consultation, we’ll assess the gym’s negligence and explain what compensation you could be entitled to. There’s no obligation to continue, but if you do, you’re covered by our No Win No Fee guarantee.
Frequently asked questions
If your injury was caused by another gym member rather than the gym itself, that person may be the one legally at fault. For example, if someone is using weights carelessly and drops one on your foot, they could be held responsible.
In these situations, making a successful claim against the gym is usually difficult unless the gym itself was also negligent (for instance, by failing to supervise properly or enforce safety rules). Instead, you may be able to make a public liability claim against the person who caused your injury.
Personal trainers are there to motivate and challenge you. But if their guidance results in an injury, you may be able to make a compensation claim. Depending on the situation, the claim could be against the trainer directly or the gym that employs them. What matters is showing that negligence was involved, such as unsafe advice or failure to supervise properly.
Some common examples of trainer negligence include:
- Giving incorrect instructions on how to use equipment.
- Asking you to lift weights that are clearly too heavy.
- Failing to provide proper spotting during high-risk exercises.
- Pushing you through unsafe progressions without checking your ability.
- Ignoring obvious signs of fatigue or pain.
- Using faulty or inappropriate equipment in a session.
On the other hand, not all injuries fall on the trainer. If you don’t disclose a pre-existing injury and it flares up during training, it’s unlikely you’ll be able to hold them responsible. This is why it’s so important to let your trainer know about any injuries or health conditions before you start. It protects you and helps them design a safer, more effective program.
Many people love the flexibility of 24-hour gyms, but training without staff around can raise unique safety and liability issues. If you’re injured during unstaffed hours, who’s responsible will depend on what caused the accident.
If the injury was due to faulty or poorly maintained equipment, the gym could be held liable. They still have a duty to ensure everything is safe to use, even at 2am. But if your injury came from misusing equipment, attempting exercises beyond your ability, or factors like inappropriate footwear, the responsibility is likely to fall on you.
Not every gym injury qualifies for compensation. In some situations, you may be considered responsible for what happened. Common examples include:
- Misusing equipment: Using a machine incorrectly, such as doing push-ups on a treadmill, sitting backwards on a bike, or experimenting without instruction.
- Overexertion: Lifting weights beyond your ability, setting resistance too high, or training too long without rest.
- Ignoring health issues: Failing to disclose old injuries or medical conditions that increase your risk of harm.
- Unsafe behaviour: Running in inappropriate footwear, not using safety clips or guards, or ignoring posted gym rules.
In these situations (or any case where your own actions directly cause an injury), a claim is unlikely to succeed. If you’ve been injured at the gym and are unsure who’s responsible for your injury, get in touch today. Our lawyers will listen to your story and explain your rights, free of charge.
Time limits apply to all gym injury claims, so it’s crucial to start yours before the deadline to avoid missing out on compensation.
| State | Time limit |
| NSW, VIC, TAS | 3 years from when you realise you have a claim |
| QLD, WA, ACT, NT | 3 years of the accident date |
| SA | 3 years of the accident (or realising you have an injury) |
If you’re worried that your time limit has already passed, don’t panic; you may still have options. The best step is to speak with a specialist lawyer as soon as possible. In many cases, we can apply to the court for an extension if you have a valid reason for the delay.
What counts as a valid reason (often called a ‘reasonable excuse’) depends on your state and your circumstances. Some common examples include:
- Delayed symptoms: Your injury didn’t show up right away and only became noticeable later.
- Hidden severity: You knew you were injured, but the full seriousness wasn’t clear until much later.
- New information: You only recently discovered an important fact. For example, that your injury was caused by the gym’s negligence.
You can technically run a gym injury compensation claim on your own, but having a specialist lawyer on your side gives you the best chance of success. A lawyer experienced in gym injury claims will know exactly what evidence is needed, how insurers operate, and how to maximise your payout.
Here’s how a gym injury lawyer can help you:
- Assess your claim: Provide clear advice on the strength and potential value of your case.
- Identify extra entitlements: Spot additional claims you might have, such as Total and Permanent Disability (TPD) or income protection through your super.
- Build a strong case: Collect evidence, challenge the insurer’s medical reports, and make sure nothing is overlooked.
- Maximise compensation: Negotiate strategically to secure the best possible settlement.
- Handle disputes: Push back when insurers downplay your injuries or offer unfair payouts.
