Foot Injury Compensation

If you’ve injured or broken your foot at work, there are three types of compensation you could receive. Depending on your specific situation, your workers comp foot injury settlement may include all three.

Basic workers compensation entitlements

After a workplace foot or toe injury, you’re automatically entitled to make a workers compensation claim. Typically, your workers comp foot injury payout includes these basic entitlements:

• Weekly payments (up to 95% of your previous earnings).
• Medical costs.
• Rehab and necessary support services.
• Travel to and from your medical treatments.

Lump sum permanent impairment payments

Alongside your weekly payments, you could also be entitled to a lump sum if your foot or toe injury has caused permanent impairment.

To be eligible, your level of Whole Person Impairment (WPI) will need to be assessed. This test helps determine how significantly your injury has affected your overall function and quality of life. In some states, you must meet a minimum WPI threshold to claim a lump sum payout. For instance, in NSW, you’ll need a WPI of 11% or more to qualify.

For a full breakdown, take a look at our guide to workers compensation claims for permanent impairment.

Common law damages

If your foot or toe injury was caused by your employer’s negligence, you may be able to make a common law damages claim.

Unlike standard workers compensation, a successful common law claim can result in a significantly larger lump sum — worth hundreds of thousands (or even millions, in serious cases).

On top of your regular entitlements, your compensation could also include:

• Future lost income and superannuation.
• Long-term medical treatment and rehab expenses.
• Pain and suffering (depending on your state).

If you’ve injured your foot or toe in a car accident (including if a vehicle runs over your foot), your compensation depends on several factors. This includes which state you’re in and whether you were at fault.

Depending on your situation, you could be entitled to:

• Lost income: covering wages you’ve already lost and future earnings if the accident wasn’t your fault.
• Pain and suffering: to compensate for the emotional toll your injury has taken.
• Care and support: including help from family, friends, or professional carers, including if you can no longer look after someone who depends on you.
• Out-of-pocket expenses: like medical bills, travel for treatment, and any home or car modifications needed due to your injury.

For a deeper dive into your entitlements, explore our complete guide to motor accident claims or speak with one of our specialist foot injury lawyers.

If you’ve injured your foot in a public, private, or rental space due to someone else’s negligence, you may be entitled to public liability compensation.

The exact amount will depend on your specific circumstances, but compensation can cover:

• Lost income and superannuation: both past and future earnings if your injury affects your ability to work.
• Care and support: whether from family or friends, including assistance if you can no longer care for someone who relies on you.
• Pain and suffering: to acknowledge the emotional impact of your injury.
• Out-of-pocket expenses: such as medical treatment, rehab costs, and necessary modifications to your home or car.

Want to know what your claim might be worth? Explore our full guide on public liability compensation or get tailored advice from one of our foot injury claim lawyers.

If your foot or toe injury has left you permanently unable to return to work, you may have a Total and Permanent Disability (TPD) claim through your superannuation.

Unlike weekly workers comp payments, a successful TPD claim provides a one-off lump sum to help secure your long-term financial future. The amount you receive will depend on your super fund and policy terms, but many TPD claims result in substantial payouts.

Before beginning your foot injury claim, it’s important to speak with a lawyer who specialises in these types of cases. During a free consultation, we’ll guide you through the process and make sure you fully understand your rights and what you may be entitled to.

Your dedicated foot injury lawyer will also look at any additional compensation options available to you, helping you secure the maximum payout for your injury.

Strong expert evidence is crucial to winning a foot injury claim, especially when you need to show that someone else was responsible. You’ll need to prove both the impact the injury has had on your life and the other party’s negligence.

That’s why our experienced foot injury lawyers work with leading medical and liability experts to build a solid case. We also cover all expert costs upfront — and you won’t pay a cent unless we win.

Once we’ve built a strong case, your foot injury lawyer will handle the entire claims process for you:

• Workers compensation or car accident claims: we’ll lodge your claim directly with the insurer, including all the supporting evidence.
• Public liability claims: your lawyer will initiate legal proceedings in court on your behalf.
• TPD claims: we’ll take care of submitting your claim to your super fund or TPD insurer, ensuring everything is accurate and complete.

No matter the type of claim, we’ll manage every step — making the process as smooth and stress-free as possible for you.

Once your foot injury claim is lodged, the next step is to wait for a response:

• Workers compensation and car accident claims: the insurer will review your claim and let you know if it’s approved. If it is, weekly payments usually begin soon after. If your claim is denied or the payout is too low, your lawyer will step in immediately to challenge the decision and push for the compensation you deserve.
• TPD claims: you’ll generally get a response from your super fund or insurer within a few months. With our experience on your side, there’s a strong chance your claim will get approved. Once this happens, we’ll guide you through the payout process and make sure the funds are delivered without delay.

If your foot injury claim goes to court, the first step is mandatory pre-court mediation with the insurer. Your lawyer will handle the entire negotiation process, making things as smooth and stress-free for you as possible.

Thanks to our detailed preparation and negotiation experience, most claims are resolved at this stage. But if the insurer refuses to offer a fair settlement, we’re ready to take your case to court and fight for the full compensation you’re entitled to.

Time limits apply to most foot and toe injury claims, but the deadline can vary depending on the type of claim and where you live.

If you think you’ve missed the cut-off, don’t panic — you still have options. Just reach out to a foot injury lawyer as soon as possible. Our experienced team know the time limit exceptions in each state and can apply for one on your behalf. Over the years, we’ve helped plenty of clients file delayed claims and receive the compensation they deserve.

Not sure what time limit applies to your situation? Contact us today. In a free consultation, we’ll clearly explain your options and the best strategy for securing your foot injury compensation.

Workers comp foot injury claims

It’s important to let your employer know about your foot or toe injury as soon as possible. Depending on which state you’re in, you’ll generally have between 6 to 12 months to lodge a workers compensation claim.

If you’re considering a common law claim, the deadline is different. In some states, you have up to three years from the date of the injury — in others, the clock begins when you realise your employer’s actions may have contributed to your injury.

Car accident claims

In most states, you’ll need to report your accident to the state insurer as soon as possible. The deadline for taking legal action varies depending on your location, with time limits ranging from 13 weeks to up to three years.

For a breakdown of the exact timeframes in your state, head to our complete guide to motor accident time limits.

Public liability claims

The time limit for filing a public liability claim depends on the state you’re in. In some states, you have three years from the date the injury occurred, while in others, the time limit starts when you first realise that someone else’s negligence may have caused the injury.

To learn more, head to our full guide to public liability time limits.

TPD foot injury claims

Time limits usually don’t apply to TPD claims unless your super policy specifies one. However, from our experience, it’s always a good idea to begin your TPD claim as soon as possible. As time passes, gathering evidence becomes more difficult, and insurers are more likely to contest the claim.

The time it takes to resolve your foot injury claim varies based on factors like the type of claim, the severity of your injury, the treatment required, and how well your claim is prepared. Typically, claims are resolved within 12 to 18 months after your condition stabilises — meaning it’s unlikely to improve with time or additional treatment.

However, for workers compensation claims, you can expect to start receiving ‘provisional payments’ within seven days. After that, weekly payments usually begin about 28 days after you file your claim (depending on your state).

With over 25 years of experience, our foot injury lawyers specialise in making the claims process smoother and faster, ensuring you receive the benefits you’re entitled to more quickly. For a more accurate estimate of how long your claim may take, contact us today.

If your foot or toe injury has left you temporarily unable to work, we’ll make sure your lost income is included in your compensation claim. Depending on your situation, the compensation may also cover future lost income, which is the wages you’re expected to lose because of your injury.

However, if you’re unable to return to work — either permanently or in a role that matches your education, training, and experience — our expert foot injury lawyers will see if you’re eligible for a Total and Permanent Disability (TPD) claim. This is a separate claim made through your superannuation policy and can result in a significant lump sum payout to support your long-term financial needs.

If you’re struggling to work because of a foot or toe injury, get in touch today. In a free consultation, we’ll help you understand your options and the best way to keep afloat while you’re off work.

A serious ankle or foot injury usually involves substantial damage to the bones, ligaments, tendons, or nerves, leading to long-term effects that may require extensive medical treatment. These injuries can significantly impact your daily life and ability to work.

Common examples include:

• A broken foot or toes
• Dislocations.
• Torn ligaments and tendons.
• Crushed foot injuries.
• Nerve damage.
• Amputations (whether partial or full).

These types of injuries may require surgery, long-term rehabilitation, or lifestyle changes, significantly affecting your ability to work and perform daily activities.

If you’ve suffered a serious foot or toe injury, chat to us today. Our experienced lawyers will take the time to understand your story, arrange for an assessment by our medical experts, and help you build a claim that reflects the severity of your injuries.

What can I claim for a serious foot or toe injury?

In addition to your regular compensation claim, you may be able to get extra compensation for a serious foot or toe injury. This includes:

TPD compensation

If your foot injury means you’re unable to return to work, you may be eligible to file a Total and Permanent Disability (TPD) claim through your superannuation. Unlike weekly workers compensation payments, a TPD claim provides a one-time lump sum to support your long-term financial security. The exact amount you receive will depend on the terms of your individual policy.

Lump sum workers compensation payouts

If your foot injury is permanent and occurred at work (or as a result of work activities), you may be entitled to a lump sum payment in addition to your regular workers compensation benefits.

To qualify, you’ll need to undergo a Whole Person Impairment (WPI) assessment, which measures the degree to which your injury has impacted your life and overall functionality. Depending on your state, there may be a minimum WPI threshold you’ll need to meet to qualify for a lump sum payout.

Compensation for a broken foot or toe at work varies depending on the severity of your injuries and whether your employer is responsible for your condition.

If you’ve broken your foot or toe at work, you’re automatically entitled to basic workers compensation benefits. These include weekly payments (up to 95% of your pre-injury income) as well as cover for medical and rehab costs.

On top of these payments, you could receive an extra lump sum if your broken foot or toe causes permanent impairment. This generally happens when the break doesn’t heal properly, resulting in ongoing pain or reduced foot function. The exact amount you get depends on the severity of your impairment. In some states, you’ll also need to meet a minimum percentage of impairment before you qualify for a lump sum.

What if my broken foot was caused by my employer’s negligence?

If your broken foot or toe happened because of your employer’s negligence, you may have a common law damages claim. Common examples of employer negligence include improper safety gear or instruction, lack of supervision, or asking employees to perform dangerous tasks.

A successful broken foot common law claim can result in a large lump sum payout, worth hundreds of thousands. If your condition is serious or permanent, you could receive millions.

Beyond your basic workers comp entitlements, you could get compensation for:

• Future lost income.
• Future lost superannuation payments.
• Ongoing medical treatment and rehabilitation costs.
• Pain and suffering (in some states).

If your foot injury claim is denied, don’t accept the decision — contact an expert lawyer, even if you initially filed the claim on your own.

We’ll work with you to gather new evidence and help you appeal the decision. The process will depend on the type of claim you made. Whether it’s a workers compensation, car accident, or TPD claim, we’ll guide you through the appeal process with the insurer. For public liability claims, your lawyer will start the court appeals process.

With years of experience, our foot injury lawyers have successfully assisted many clients in overturning denied claims. Reach out for a free consultation, and we’ll review your case and discuss the best strategy for your appeal.

Temporary income support

If you’re facing a period without income while working on your appeal, it’s crucial to make use of any employment benefits available to you. Start with:

• Sick leave (since it’s not paid out if you stop working).
• Annual leave.
• Long service leave.

Income protection benefits

Your superannuation policy may include an income protection benefit, providing temporary support while you’re unable to work. If you’re unsure about your income protection or superannuation benefits, reach out to us today. Our team will review your policy and provide a free assessment of your entitlements.

Government unemployment benefits

You could be eligible for government unemployment benefits such as JobSeeker or the Disability Support Pension.