Hip Injury & Broken Hip Compensation Claims

The amount of compensation you may receive for a hip injury at work depends on how it happened, who’s responsible, and whether the injury causes long-term issues. Generally, there are three main types of workers compensation you could be eligible for:

Basic workers compensation entitlements

If you injured your hip at (or because of) work, you’re generally entitled to basic workers compensation. Depending on your situation, this can include:

• Weekly wage-replacement payments (up to 95% of your pre-injury earnings).
• Coverage for hospital and medical expenses.
• Rehabilitation and return-to-work support.
• Travel costs for medical appointments.

It doesn’t matter whether you’re casual, part-time, or full-time — if your hip injury is work-related, you may be entitled to claim.

Permanent impairment lump sums

If your hip injury has caused long-term issues, you may also be eligible for a lump sum permanent impairment payment.

This requires a Whole Person Impairment (WPI) assessment, which measures how the injury affects your daily life and overall functioning.

Some states have a minimum WPI threshold you must meet to qualify, so it’s important to check the rules in your area before making a claim.

Common law damages

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

These claims can result in significantly higher compensation than standard workers compensation — sometimes hundreds of thousands, and in severe cases, even millions. 

On top of your basic workers compensation, a successful common law claim can cover:

• Future loss of income and superannuation.
• Ongoing medical and rehabilitation expenses.
• Pain and suffering (in certain states).

If your hip injury happened in a public, private, or rental space because of someone else’s negligence, you may be eligible for public liability compensation.

The amount you can claim depends on your circumstances, but it may cover:

• Lost income and superannuation: Including past losses and future earning capacity.
• Care and support: For you and any dependents who rely on your assistance.
• Pain and suffering: Recognising the physical and emotional impact of your injury.
• Out-of-pocket expenses: Such as medical bills, rehabilitation costs, or modifications to your home or vehicle.

Want a clearer idea of what you could be entitled to? Read our full guide on public liability compensation or speak with one of our hip injury claim lawyers for free advice on your situation.

If your hip injury was caused by a doctor, surgeon, or other medical professional failing to provide proper care, you may have a medical negligence claim.

A successful claim can provide compensation for:

• Lost income and superannuation: Covering both past losses and future earning capacity.
• Care and support: For you and any dependents who rely on your assistance.
• Pain and suffering: Recognising the impact of the injury on your life.
• Out-of-pocket expenses: Including medical bills, rehabilitation costs, or home and vehicle modifications.

To learn more about how much compensation you could be entitled to for a hip injury, check out our full guide to medical negligence payouts or contact our hip injury lawyers for expert advice today.

If you’ve injured your hip in a car accident, your compensation depends on factors such as your state, the severity of your injury, and whether you were at fault.

You could be eligible for:

• Lost income: Covering wages you’ve missed and future earnings (if the accident wasn’t your fault).
• Pain and suffering: For both the physical and emotional impact of your hip injury.
• Care and support: Professional or family help, including assistance with dependents if needed.
• Additional costs: Medical bills, travel to treatment, and necessary home or vehicle modifications

For more information, see our full guide to motor accident claims.

If your hip injury has left you permanently unable to work, you may be eligible to make a Total and Permanent Disability (TPD) claim through your superannuation.

Unlike weekly workers compensation payments, a TPD hip injury claim provides a one-off lump sum (often a substantial one) designed to support your long-term financial security. The exact amount you receive depends on your super fund and your policy details.

Before starting your hip injury compensation claim, it’s a good idea to speak with a lawyer who specialises in this area. In your free consultation, we’ll walk you through the process step by step and make sure you fully understand your rights and entitlements.

We’ll also look at whether you’re eligible for additional forms of compensation, so you don’t miss out on anything you may be entitled to.

Strong expert evidence is often the difference between winning and losing a hip injury claim, particularly when you need to prove that someone else was at fault. It’s not enough to show that you’re injured; you also need to demonstrate the impact it’s had on your life and clearly establish the other party’s responsibility.

That’s where we step in. To build the strongest possible care, our hip injury lawyers work closely with leading specialists, including orthopaedic surgeons, occupational physicians, chiropractors, sports medicine experts, and physiotherapists. We cover all expert costs upfront, so you won’t pay a cent unless we win.

Once your case is ready, your hip injury lawyer will handle the entire claims process from start to finish.

• Workers compensation and car accident claims: We’ll lodge your claim with the insurer, making sure all medical reports and supporting documents are complete and accurate.
• Public liability and medical negligence claims: We’ll commence court proceedings on your behalf and guide you through each step with clear advice and support.
• TPD claims: We’ll prepare and submit your application to your super fund or TPD insurer, ensuring everything is properly documented.

No matter which type of claim you’re making, we’ll take care of the whole process for you.

Once your hip injury claim is submitted, the next step is to wait for a decision:

• Workers compensation and car accident claims: The insurer will review your claim and notify you of the outcome. If it’s approved, you’ll usually begin receiving weekly payments right away. If it’s denied or the offer is lower than expected, your lawyer will step in immediately to dispute the decision and fight for the compensation you deserve.
• TPD claims: You can typically expect a response from your super fund or insurer within a few months. Thanks to our thorough preparation and experience, there’s a strong likelihood your claim will be approved. Once it is, we’ll guide you through your payout options and ensure you receive your benefit promptly.

If your hip injury claim goes to court, the first step is a mandatory pre-court mediation with the insurer. During this process, your lawyer will handle all negotiations on your behalf, making things as straightforward and stress-free for you as possible.

In most cases, our strong preparation and legal expertise lead to a successful settlement at mediation. But if the insurer refuses to make a fair offer, we’re ready to take your case to court and fight for the compensation you’re entitled to.

Time limits apply to almost all hip injury claims, but the exact deadline depends on the type of claim you’re making and the state you live in.

If you’ve already missed the time limit, don’t panic; you may still have options. Our experienced hip injury lawyers regularly apply for extensions on behalf of clients and have helped many people successfully lodge delayed claims.

If you’re unsure which time limits apply to your case, reach out today for a free consultation, and we’ll walk you through your options.

Hip injury at work claims

It’s important to notify your employer of your hip injury as soon as possible. Depending on your state, you usually have between 6 and 12 months to lodge a workers compensation claim.

For common law claims against your employer (where negligence is involved), the deadline varies. Some states give you up to three years from the date of injury, while others start the clock from the moment you realise your injury was caused by negligence.

Car accident hip injury claims

If your hip injury was caused by a road accident, you’ll need to report the crash to the insurer as soon as possible. From there, you generally have between 13 weeks and three years to start court proceedings, depending on your state’s rules.

Public liability and medical negligence claims

For slip and fall accidents or medical negligence (such as a hip replacement gone wrong), most states require you to start a claim within three years. In some cases, the time limit starts from when the hip injury happened, while in others, it begins when you first discovered that negligence played a role.

TPD hip injury claims

Most superannuation-based TPD claims don’t have strict deadlines unless your policy specifically sets one. Still, it’s best to act quickly. The longer you wait, the harder it becomes to gather evidence, and insurers are more likely to push back on your claim.

The amount of compensation you receive for a hip replacement depends on the type of claim you’re making:

• Hip replacements due to work or car accidents: You may be entitled to workers compensation or road accident payouts, which cover medical costs, lost income, and rehabilitation. Since hip replacements can cause severe and lasting impairment, you may be eligible for an extra lump sum payout for permanent impairment.
• Hip replacements due to someone else’s negligence: Whether it happened at work, on the road or on public, private, or rental property, you could be eligible for a lump sum payout, reflecting the long-term impact on your life and earning capacity. Since hip replacements often require rehab, ongoing treatment and future surgeries, this amount could be substantial.
• Improper hip replacements or other surgery complications: Surgery complications (such as infections, poor surgical technique, nerve damage, or the need for revision surgery) may lead to a medical negligence claim. These claims focus not on the need for the hip replacement itself, but on the negligent care you received, which caused additional pain, reduced mobility, long-term disability, or further medical procedures.

No matter what type of claim you’re making, hip replacement compensation amounts tend to be higher than for other types of injuries. This is because hip replacements can severely impact your mobility and quality of life, causing ongoing pain and often requiring further treatment and surgery. 

Our specialist hip replacement lawyers understand just how debilitating these injuries can be, and we’re here to ensure you get the compensation you deserve.

What if I need multiple replacements?

If you need more than one joint replacement due to the same injury, you may be entitled to additional compensation. This can cover the cost of multiple surgeries, extended rehabilitation, and the greater disruption to your quality of life and earning capacity.

For example, a hip and knee replacement lawsuit may result in a much higher settlement because of the combined impact on your mobility, independence, and ability to work. Similarly, if your first hip replacement fails and you require revision surgery, this may increase the value of your compensation claim.

Hip dysplasia occurs when the ball-and-socket hip joint doesn’t form correctly, causing instability or dislocation. It’s most often detected in babies and young children, but can also appear in adolescents and adults. Symptoms include:

• Uneven leg length.
• Difficulty spreading the legs.
• A limp.
• Groin pain that worsens with activity (in older children and adults).

Treatment is essential to prevent long-term damage, ranging from braces or harnesses in infants to surgery in more severe cases.

If your child has hip dysplasia, it may be possible to claim compensation through a birth defect claim. This is a special type of medical negligence claim that compensates parents when a medical professional’s actions (or failure to act) cause a birth defect or worsen a condition.

For hip dysplasia, compensation may be available if a healthcare provider failed to properly diagnose, treat, or monitor Developmental Dysplasia of the Hip (DDH), leading to prolonged pain, disability, or the need for more invasive treatments later. Some common examples of negligence include: 

• Missed or delayed diagnoses.
• Incorrect treatment (like misapplied bracing or unnecessary surgery).
• Failure to consider family history.

Medical negligence claims are complex and require strong evidence showing both the negligent treatment and its impact on your child’s outcome.

If you’re thinking about making a hip dysplasia claim, it’s important to speak with an expert first. Our specialist medical negligence lawyers can guide you through your options, free of charge.

Over the years, we’ve helped hundreds of workers claim for hip injuries. Some of the most common include:

• Slips, trips, and falls: Even minor falls on hard surfaces can lead to serious hip fractures, especially for older workers or those with pre-existing conditions.
• Heavy lifting and manual handling: Repetitive lifting of heavy objects, particularly without proper technique or equipment, can strain the hip joint and surrounding muscles.
• Repetitive movements and overuse: Jobs requiring frequent bending, squatting, twisting, kneeling, or climbing can put continuous stress on the hips.
• Falling or flying objects: Being struck by falling tools, materials, or equipment can cause fractures or dislocations.
• Slamming or twisting injuries: Sudden awkward movements, such as misstepping, tripping while carrying weight, or being jolted on machinery.
• Long-term strain from standing or walking: Jobs that involve standing for prolonged periods or walking on hard surfaces may contribute to hip joint wear and chronic discomfort over time.

To build a strong hip injury claim, you need a comprehensive set of evidence that shows not only the severity of your injury, but also how it happened and its impact on your life. Key types of evidence include:

• Medical reports and assessments: Detailed reports from your doctors, orthopaedic specialists, physiotherapists, or other healthcare providers help prove the nature and seriousness of your hip injury. Make sure these include treatment plans, recovery timelines, and any ongoing care needs.
• Witness statements: Accounts from colleagues, bystanders, or anyone who saw the accident can help corroborate your version of events and demonstrate how the injury occurred.
• Proof of the accident: Evidence showing exactly where and how the injury happened is vital. This could include CCTV footage, photos, workplace incident logs, or police reports.
• Documentation of lost income: If your hip injury caused time off work, provide payslips, employer letters, or tax records. For injuries with long-term effects, consider evidence supporting future loss of earnings.
• Records of expenses: Keep receipts and invoices for all costs related to your injury, including medical treatments, physiotherapy, medication, and any modifications you had to make at home or in your car.
• Impact on daily life: Evidence showing how the hip injury affects your mobility, independence, and everyday activities can strengthen your claim, particularly for lump sum or common law compensation.

Importantly, you’re not expected to gather this evidence on your own. Our lawyers have decades of experience building compelling hip injury claims and know exactly what evidence is required to prove your case.