Concussion Injury Lawyer

You can make a workers comp concussion claim if you’re injured at work or in the course of work duties. It doesn’t matter:

• How the concussion happened.
• Who caused the accident.
• If you’re a part-time, full-time, or casual worker.
• If you’re a subcontractor (in most cases).

However, if your concussion happened because of your employer’s negligence, you could get a lump sum payout through a common law damages claim.

Common examples of employer negligence at work include failing to provide proper safety equipment, inadequate training, or poorly-maintained tools or machinery.

If you suffered a concussion due to employer negligence, get in touch today. Common law claims can result in much larger payouts than standard workers comp claims, but they also require strong evidence directly linking your concussion to your employer’s actions. In a free consultation, our concussion injury lawyers will walk you through your options and the best strategy for proving your claim.

All registered vehicles in Australia must have Compulsory Third Party (CTP) insurance, also called a ‘Green Slip’ in NSW. If you’ve suffered a concussion in a road accident, CTP insurance may allow you to claim compensation.

The rules vary depending on where the accident happened:

• NSW, Victoria, Tasmania, the ACT and the Northern Territory: you may be able to claim even if the accident was your fault.
• Queensland, South Australia and Western Australia: you’ll generally need to prove another driver was at fault to be eligible.

Keep in mind, if you’re in a no-fault state but someone else caused the accident, you can still make a fault-based claim for additional compensation.

You may be able to make a public liability claim if you suffered a concussion after slipping and falling on public, private, or rental property. This could be anything from a shopping centre or supermarket to a public park, footpath or even an Airbnb.

To be eligible, you generally need to meet four key criteria:

1. You’ve suffered a loss: Your concussion must have resulted in a loss, like medical bills, lost wages, or pain and suffering (the negative impact of the injury on your life).
2. It wasn’t your fault: The concussion must have been caused by someone else’s actions, not your own.
3. A duty of care existed: The person who caused your concussion had a legal responsibility to keep you safe, but failed to do so. Examples include a supermarket failing to promptly clean up a wet floor or a shop owner leaving loose cables in customer walkways.
4. Negligence must be proven: You’ll need evidence that the other person acted carelessly or didn’t take the precautions a reasonable person would have.

Every concussion claim is unique, so it’s important to speak with a concussion lawyer who specialises in slip and fall or sporting injury claims. We can assess your situation and help determine if you’re entitled to concussion compensation, free of charge.

What if my concussion happened during a sport or recreational activity?

If you’ve suffered a brain injury while playing a sport or taking part in a recreational activity (like jet-skiing or skiing), you might have a public liability claim. However, the rules are slightly different from those for standard public liability claims.

Because these activities are considered high-risk, you’ll usually need to show that proper precautions weren’t taken. That could mean:

• For sports: Faulty or poorly maintained equipment, or another player acting recklessly.
• For recreational activities: Defective gear, or careless actions by an instructor, driver, or operator.

What if I signed a waiver?

Don’t let a waiver stop you from checking your options. Even if you signed one, you may still be able to claim. Waivers usually only cover injuries from known risks — they don’t protect someone if their negligence caused your concussion.

If your concussion happened at work, you may be entitled to three types of workers compensation payments.

Basic weekly workers compensation payments

Your basic weekly workers compensation payments include:

• Weekly payments: Usually covering up to 95% of your pre-injury income while you recover.
• Medical expenses: Doctor visits, hospital care, scans, and prescribed medication.
• Rehabilitation and support: Such as physio, counselling, or occupational therapy to help you return to normal life.
• Travel costs: Reimbursement for getting to and from medical appointments.

Lump sum payments

If your concussion leads to a permanent injury, you may also be entitled to a lump sum payment on top of your standard workers compensation.

In most states, you’ll need to get your Whole Person Impairment (WPI) or Degree of Permanent Impairment (DPI) assessed. This is a medical rating of how much the concussion has permanently affected your life.

Each state sets its own rules and thresholds, meaning you’ll usually need to meet a minimum level of impairment before claiming a lump sum workers comp concussion settlement.

For a deeper breakdown of how this process works, see our complete guide to workers compensation claims for permanent impairment.

Common law damages

If your concussion was caused by your employer’s negligence, you may be able to pursue a common law damages claim. Unlike standard weekly workers compensation, this type of claim can lead to a much larger lump sum payout — sometimes hundreds of thousands of dollars, or even millions in the most severe cases.

In addition to your basic workers compensation entitlements, a successful common law claim may cover: 

• Future lost income and superannuation: If your concussion prevents you from returning to your usual work.
• Ongoing medical and rehab costs: Specialist treatment, therapies, and support services.
• Pain and suffering: Compensation for the toll your concussion has taken on your mental health, well-being, and quality of life (available in some states).

Depending on your situation, concussion compensation may cover:

• Lost income: Including future lost earnings if you can’t return to work.
• Care and support: Help from professionals or family, plus support if you can no longer look after a dependent.
• Out-of-pocket expenses: Medical treatment, travel to appointments, and modifications to your home or vehicle.
• Pain and suffering: Recognition of the physical and emotional toll your concussion has had on your life.

How is pain and suffering compensation calculated?

Unlike medical expenses or lost wages, there’s no fixed dollar amount for pain and suffering in car accident concussion claims. Instead, it’s assessed on how much your concussion has affected your day-to-day life: physically, emotionally, and mentally.

Because these payouts can be substantial, most states require you to meet a minimum impairment threshold before you can claim.

This threshold is measured through an independent medical or psychological assessment. Depending on your state, it may be called a Whole Person Impairment (WPI) or an Injury Scale Value (ISV). The more severe and long-lasting your concussion symptoms, the higher your potential compensation. However, each state also sets a legal cap on how much you can receive for pain and suffering.

Check the table below to see the minimum injury thresholds and maximum payouts in your state. These figures are current as of October 2024 and are indexed each year for inflation.

If you’d like clarity on what you’re entitled to, our concussion claim lawyers are here to help. We’ll review your situation, explain your rights, and guide you through the process — all in a free initial consultation.

Depending on your circumstances, your concussion compensation may include:

• Lost income and superannuation: covering both past losses and your future earning capacity.
• Care and support: for your own needs or for dependents who rely on you.
• Additional expenses: such as medical treatment, travel costs, or necessary modifications to your home or vehicle.
• Pain and suffering: recognising the physical, emotional, and mental toll of your injury.

How is pain and suffering compensation calculated?

When it comes to slip and fall concussion claims, there’s no universal payout figure for pain and suffering. Instead, the amount depends on the personal impact of your concussion: things like ongoing headaches, memory problems, mood changes, or how much it limits your ability to work and enjoy life.

Because these claims can lead to large payouts, the law in most states requires you to meet a minimum level of permanent impairment before you can claim.

This usually means undergoing a medical assessment, where a doctor measures the lasting effects of your concussion. The outcome is given as a rating, called a Whole Person Impairment (WPI), Degree of Permanent Impairment (DPI), or an Injury Scale Value (ISV), depending on your state.

Each state also sets a cap on how much pain and suffering compensation you can receive, which is updated each year to keep up with inflation.

See a doctor as soon as possible if you suspect a concussion. They can diagnose your injury, refer you to specialists, and provide medical certificates that are vital evidence for your claim. Don’t delay, as some symptoms can take time to appear but may cause lasting problems if untreated.

Write down how your symptoms affect your work, relationships, hobbies, and daily life. This record is powerful evidence to show the true impact of your concussion and can really strengthen your claim.

Speak with a lawyer who specialises in concussion insurance settlements. We can explain your rights, guide you through the process, gather evidence, speak to witnesses, and negotiate with insurers on your behalf. This gives the best chance of getting the compensation you deserve.

Yes, strict time limits apply to concussion claims, but the exact deadline depends on the type of claim and which state you’re in.

If you’ve missed the deadline, don’t worry, our lawyers can help. We know the exceptions in each state and can apply on your behalf. Over the years, we’ve helped many clients get their claims back on track, even after delays.

Workplace concussion claims

You should report your concussion to your employer as soon as possible. Depending on your state, you typically have 6 to 12 months to lodge a workers compensation claim.

For common law damages claims, deadlines vary. Usually, you have three years from the date of injury or from when you discovered it was caused by your employer’s negligence.

Slip and fall or sports-related concussion claims

If your concussion happened in a public place or during a sport, the time you have to start court proceedings depends on your state. In some states, it’s usually three years from the date of the injury. In others, the clock starts when you first realise the injury was caused by someone else’s negligence.

Some states also have a ‘long stop’ rule, which is the absolute latest you can make a claim, even if you didn’t know the cause straight away. For example, in NSW and Victoria, this is 12 years.

Recently, courts have sometimes allowed athletes with concussions to make claims even after the long stop period. The key is acting quickly once you realise your injury is linked to someone else’s negligence.

Car accident concussion claims

For concussion injuries from car accidents, you must notify your state insurer promptly. Court proceedings generally need to start between 13 weeks and three years after the accident, depending on state law.

It’s not uncommon for a concussion to lead to mental health issues, such as anxiety, depression, or mood changes. These conditions often arise from the pain, limitations, or lifestyle changes caused by the brain injury, and they can significantly affect your recovery, work, and daily life.

You may be eligible for compensation for these psychological impacts as part of your concussion claim. To support your case, make sure you:

• Tell your doctor about any new or worsening emotional or psychological symptoms.
• Consult a psychiatrist or psychologist for assessment and treatment, and keep records of their reports.

Documenting both the physical and mental effects of your concussion ensures your claim reflects the full impact of the injury on your life.

Even if you had a pre-existing brain or head condition before your concussion, you can still make a claim. It doesn’t matter whether the concussion is entirely new or if the incident worsened an existing condition.

Under the ‘egg-shell skull’ rule, the person responsible for your injury is fully liable for all the effects, even if your injury ends up being more serious because of your pre-existing condition.

This means you could still get compensation for things like medical bills, lost income, and the physical or emotional impact of your concussion.

Yes, in many cases, you may be eligible for multiple claims for the same concussion injury. It depends on factors like your state, how severe your concussion is, and your ability to return to work.

When we review your case, we look at all possible avenues to make sure you receive the maximum compensation you’re entitled to. Many clients with concussion injuries end up having more than one claim, which can significantly increase the total payout.

Income protection claims

If your concussion has temporarily stopped you from working, you may qualify for income protection, which usually covers:

• Monthly wage replacement.
• Up to 75% of your normal income, including superannuation.
• Payments for a set period (e.g. 2 years, 10 years, or until retirement).

Total and Permanent Disability (TPD)

If your concussion permanently prevents you from returning to work, you might be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection, TPD offers a large lump sum designed to support you long-term. Many superannuation policies include TPD coverage, so you may already have this protection without even knowing it.