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Can I claim compensation for a knee injury?

Knee injuries are incredibly common in Australia — thousands happen every year. In fact, we have one of the world’s highest rates of knee injuries, and the highest rate of ACL reconstructions globally.

But despite how common they are, knee injuries are rarely simple. Recovery often means months of treatment, rehab, and time off work. And in more serious cases, they can leave you with long-term mobility issues and a reduced work capacity.

If you’ve suffered a knee injury, there are four main situations where you can claim compensation:

No matter how your injury happened, a successful knee injury claim can do much more than just cover your immediate medical bills and lost wages. You could also be compensated for your future lost earnings, ongoing care needs, and the impact the injury has had on your life.

Keep reading to see how much compensation you could be entitled to. If you’d prefer to speak with a lawyer now, simply reach out. Our expert knee injury lawyers are always ready to provide free advice on your claim.

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What knee injuries can I claim for?

You can make a claim for just about any type of knee injury that happens at work, on the road, or because of someone else’s negligence. Some common examples include:

  • Anterior Cruciate Ligament (ACL) injuries.
  • Other ligament injuries, like PCL, MCL, and LCL tears.
  • Bursitis.
  • Cartilage damage.
  • Torn meniscus (a pad of knee cartilage).
  • Chondromalacia patellae (runner’s knee).
  • Fractured, dislocated or broken kneecap (patella).
  • Baker’s cyst.
  • Tendon tears in the knee.
  • Knee replacements.

Don’t worry if you can’t see your knee injury here — this isn’t a complete list. If you’ve suffered a knee injury in an accident or due to negligence, there’s a good chance you’re eligible for compensation.

How much compensation do you get for a knee injury?

The average payout for a knee injury in Australia ranges between $100,000 and $250,000, but depending on your situation, you could receive much more. The exact amount of compensation you’re entitled to depends on several factors, including:

  • The seriousness of your knee injury. For example, knee replacement compensation is usually higher than compensation for a fractured or broken patella.
  • How your injury affects your work capacity and ability to live independently.
  • How much you earned before your knee injury and whether you can go back to work.
  • Your age.
  • Where you live in Australia.
  • Whether the knee injury happened because of your employer’s negligence.

Below, we explain how much knee injury compensation you can expect for each type of claim.

How much compensation you get for a knee injury at work depends on how it happened, who’s to blame, and whether the injury causes long-term issues. Generally speaking, there are three kinds of compensation you could be eligible for. Let’s break them down in more detail.

Basic workers compensation entitlements

If you injured your knee at (or because of) work, you’re generally automatically entitled to workers compensation payments.

Depending on your situation, you could receive:

  • Weekly wage-replacement payments (up to 95% of your pre-injury earnings).
  • Cover for hospital and medical expenses.
  • Rehab and return-to-work support services.
  • Travel costs (between medical treatments).

Importantly, it doesn’t matter if you’re a casual, part-time or full-time worker — as long as it’s work-related, you can get a workers comp payout for a knee injury.

Permanent impairment lump sums

In addition to your weekly workers compensation benefits, you may be eligible for a lump sum payment if your knee injury has resulted in permanent impairment.

To access this payment, you’ll need to undergo a Whole Person Impairment (WPI) assessment, which evaluates how your injury affects your daily life and overall functioning. Keep in mind that some states have a minimum WPI threshold you’ll need to meet to qualify for a lump sum payout, so it’s important to understand the specific rules in your area before making a claim.

Common law damages

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

These types of claims can lead to significantly higher compensation than standard workers comp, often reaching hundreds of thousands of dollars. In serious cases, you could receive millions. In addition to your regular work injury entitlements, a successful common law claim can also cover:

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

If your knee injury occurred in a public, private, or rental space due to someone else’s negligence, you may be eligible for public liability compensation.

The amount you can claim will depend on your individual situation, but it may include:

  • 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: acknowledging the physical and emotional toll of your injury
  • Out-of-pocket expenses: such as medical bills, rehabilitation costs, or modifications to your home or vehicle

Want a better idea of what you could be entitled to? Check out our full guide on public liability compensation or speak with one of our knee injury claim lawyers for personalised advice.

If your knee injury happened because a doctor, surgeon or other medical professional failed to take proper care, you could have a medical negligence claim.

A successful claim offers compensation covering:

  • 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: the negative impact of the injury on your life.
  • Out-of-pocket expenses: such as medical bills, rehabilitation costs, or modifications to your home or vehicle

To find out more about how much knee surgery compensation you could be entitled to, head to our complete guide to medical negligence payouts or get in touch with our knee injury lawyers today.

If your knee 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 knee injury claim provides a one-off lump sum designed to support your long-term financial security. The exact amount you receive will depend on your super fund and the specifics of your policy — but in many cases, the payout can be significant.

Why is expertise essential in knee injury claims?

A knee injury isn’t just painful, it can affect nearly every part of your life: from basic daily tasks to your ability to work, both now and in the future. That’s why it’s so important to have a lawyer who works closely with knee injury experts — not just GPs, but orthopaedic surgeons and rehab specialists who truly understand how complex and crucial the knee joint is to your overall mobility and function.

These experts play a key role in building your case. They don’t just assess your current condition — they provide detailed, knowledgeable insights into what your future might look like. Will you likely need a knee replacement in 10 or 15 years? Is your condition degenerative? Are flare-ups or aggravations common with this type of injury? These are the kinds of questions that only experienced knee injury specialists can answer, and their answers can significantly impact the compensation you receive.

Your lawyer collaborates with these experts to ensure your claim fully encapsulates the medical complexities of your knee injury and its long-term outlook. This helps us clearly and convincingly explain how your knee injury will affect every aspect of your life.

With this expert insight, we put together a powerful and detailed compensation claim that reflects the true impact of your injury — covering everything from treatment and mobility aids to lost income, future surgery, and long-term care. As a result, you get a larger knee injury payout designed to support you for life.

How much does it cost to make a knee injury claim?

Your knee injury claim costs absolutely nothing upfront — you’re fully protected by our No Win No Fee guarantee. That means we cover all the costs for your claim, and you won’t pay a thing until we win your knee injury payout. If we don’t win, you’ll never receive a bill from us. It’s that simple.

Here’s how our No Win No Fee guarantee keeps you protected:

  • No upfront costs: we cover everything, including legal fees, admin costs, expert reports, so you won’t be out of pocket.
  • Clear pricing: before we begin, we’ll provide a detailed fee breakdown, so you know exactly what to expect — with no hidden charges.
  • No need for court: we aim to settle most claims through negotiation or mediation, avoiding lengthy court battles and keeping costs low.
  • Keep more compensation: in most successful claims, the other side covers the bulk of our legal fees, meaning you get to keep a larger portion of your compensation.
  • 30-day risk-free trial: try our services for 30 days, and if you change your mind, you can walk away without paying a cent.

How to make a knee injury claim

Every knee injury claim is slightly different, but yours will generally follow these steps:

Before you start your knee injury compensation claim, it’s wise to speak with a lawyer who specialises in this area. In a free consultation, we’ll guide you through the process and help you understand your rights and entitlements clearly.

We’ll also review any additional compensation options, ensuring you secure the maximum payout for your knee injury.

Strong expert evidence is crucial to winning a knee injury claim — especially when you’re trying to prove that someone else was at fault. You’ll need to demonstrate both the impact the injury has had on your life and clearly establish the other party’s responsibility.

To build a solid case, our experienced leg injury lawyers collaborate with leading knee injury specialists, including orthopaedic surgeons, occupational physicians, chiropractors, sports medicine experts, and physiotherapists. We cover all expert costs upfront, and there’s nothing to pay unless we win your case.

Once your case is ready, your knee injury lawyer will take care of lodging your claim from start to finish:

  • Workers compensation claims: we’ll file your claim with the insurer, complete with all required medical reports and supporting documents.
  • Public liability and medical negligence claims: your lawyer will commence court proceedings on your behalf and guide you through each step.
  • TPD claims: we’ll prepare and submit your application to your super fund or TPD insurer, ensuring everything is in order.

Whatever type of claim you’re making, we’ll manage the entire process for you — keeping things straightforward, efficient, and as stress-free as possible.

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

  • Workers compensation 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 knee 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 relentlessly to get the compensation you’re entitled to.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
Managing Partner
  • English, Russian
  • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Sachini Amarasinghe
Special Counsel
  • English
  • Medical Negligence
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Meet more of the team

Frequently asked questions

Time limits apply to almost all knee injury claims, but the deadline depends on the type of claim you’re making and your state of residence.

If you’ve missed the time limit, don’t worry — there are still options. Contact a knee injury lawyer right away. Most states allow for exceptions, and our experienced lawyers know exactly how to apply for extensions when needed. We’ve successfully assisted many clients in lodging delayed claims and securing the compensation they’re entitled to.

If you’re unsure about the time limits that apply to your case, get in touch today. We’ll walk you through your options at no cost.

Knee injury at work claims

It’s crucial to notify your employer about your knee injury as soon as possible. Depending on your location, you typically have between 6 to 12 months to file a workers compensation claim.

For common law claims, deadlines vary by state. In some areas, you have up to three years from the date of the incident, while in others, the clock starts when you become aware that your employer’s negligence caused the injury.

Public liability and medical negligence claims

The time limit for filing a public liability or medical negligence claim varies by state. In some cases, you’ll have three years from the date the knee injury occurred, while in others, the clock starts when you first realise that someone else’s negligence may have caused the injury.

TPD knee injury claims

Time limits generally don’t apply to TPD claims unless your super policy specifically states one. However, in our experience, it’s always best to start your TPD claim as soon as possible. Over time, evidence becomes harder to compile, and insurers are more likely to challenge claims.

The time it takes to receive a knee injury payout can vary depending on factors like the type of claim, the severity of your injuries, the treatment required, and how well your claim is prepared. Generally, claims are resolved within 12 to 18 months after your condition stabilises — meaning it’s unlikely to improve with time or further treatment.

The exception is if you’re filing a workers compensation claim, when you can expect to start receiving ‘provisional payments’ within seven days. Following this, your weekly payments typically begin about 28 days after filing your claim (depending on your state).

With over 25 years of experience, our knee injury lawyers specialise in making the claims process smoother and quicker, helping you get the benefits you deserve sooner. To get a more accurate estimate of how long your claim might take, get in touch with us today.

Yes, you can definitely receive a WorkCover payout for a knee injury. ‘WorkCover’ is simply another term for workers compensation, though in some states (like Queensland), it also refers to the primary workers comp insurer through whom you file your claim.

To qualify for a WorkCover payout for a knee injury, you need to meet the same criteria as a workers compensation claim — namely, the injury must have occurred at work or be work-related. It doesn’t matter how the injury happened or whether you’re employed casually, part-time, or full-time.

A successful WorkCover knee injury claim can provide compensation for:

  • Lost wages (up to 95% of your pre-injury income)
  • Medical expenses
  • Rehabilitation and other support services
  • Travel to and from medical treatments

To find out if you’re eligible for a WorkCover payout for your knee injury, get in touch today. In a free consultation, our lawyers will listen to your situation and explain the compensation you may be entitled to.

The amount you can claim for a total knee replacement under workers compensation will depend on several factors, including the medical treatment you need, the impact on your ability to work, and the specific laws in your state or territory.

Depending on your case, your workers comp knee replacement claim may cover:

  • Medical expenses: including the cost of the knee replacement surgery, rehabilitation, and ongoing treatments.
  • Lost wages: compensation for the wages you lose while you’re unable to work due to the injury, typically up to a percentage of your pre-injury income.
  • Permanent impairment benefits: if your knee injury results in long-term or permanent disability, you may be entitled to an extra lump sum payment based on the degree of impairment.
  • Vocational rehab: if your knee injury affects your ability to work, workers compensation may cover retraining or assistance in finding alternative employment.

Since a knee replacement can severely affect your day-to-day life, it’s important to talk to a specialist knee replacement lawyer before you start your claim. We’ll use our network of medical and vocational experts to fully capture how the knee replacement has impacted your life, so you get all the workers compensation benefits — and any additional compensation — that you’re entitled to.

For a more precise estimate of how much you could receive, get in touch with our lawyers for knee replacements today.

After a knee injury, your priority should be seeing a doctor. This not only ensures you get the care you need, but it also creates a medical record that can be crucial evidence if you decide to make a knee injury claim.

Once you’ve received treatment, it’s a good idea to speak with a specialist knee injury lawyer as soon as possible. We’ll help you access any immediate benefits you’re eligible for — like provisional workers comp payments — and walk you through all the potential claim options available to you. Your first consultation is completely free, so there’s no cost to find out where you stand and what you could be entitled to.

If you’ve injured your knee while playing an organised sport or during a recreational activity like skiing or jet-skiing, you may still have a valid compensation claim.

While these types of activities do come with obvious risks, you could still be entitled to compensation if something went wrong — such as faulty equipment, poor supervision, or negligence by another player, coach, instructor, or operator.

Before moving forward with a claim, it’s essential to speak with a lawyer who understands the complexities of sport and recreational injury cases. We’ll walk through exactly what happened, review any waivers you might have signed, and give you clear, honest advice on your chances of securing compensation.

A knee injury lawyer is dedicated to helping you secure the maximum compensation for your injury — no matter how it happened or who was at fault. We’ve helped countless Australians uncover every claim they’re entitled to and fight for the best possible outcome.

When you work with an experienced knee injury lawyer, they will:

  • Identify all the claims you’re eligible for, so you don’t miss out on any entitlements.
  • Advise you on key deadlines and take swift action to protect your rights.
  • Challenge insurer or super fund evidence to build the strongest possible case.
  • Guide you through every step of the claims process, especially if there are delays or lowball offers.
  • Maximise your payout to make sure you get the full compensation you deserve.

Having an expert in your corner makes the process smoother, less stressful, and far more effective. And with our No Win No Fee guarantee, there’s zero financial risk — we cover all upfront costs, and you won’t pay a cent unless we win your claim.

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Why trust us with your knee injury claim?

A knee injury can turn your life upside down in an instant, affecting how you work, move, and do daily tasks. That’s why it’s so important that your compensation reflects the full impact of your condition. With over 25 years of experience, our knee injury lawyers know exactly how to secure the payout you deserve. From start to finish, we’ll:

  • Clearly explain your rights and every type of claim you’re eligible for.
  • Make sure you get the medical treatment and recovery time you need.
  • Build a strong claim using medical and vocational experts.
  • Challenge insurer pushback, including claims you can return to work too soon.
  • Handle all the paperwork and negotiations, so you can focus on healing.
  • Ensure your claim covers home or car modifications (if needed).
  • Uncover your additional benefits, such as common law damages or TPD.

Speak to one of our friendly lawyers

Knee injury claim payouts

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Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

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Midwife and hospital staff responsible for child’s chronic illness

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Esther wins $1.5mil settlement after hospital fails to find cancer

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Young mother gets payout for improper GP treatment

Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

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Mary secures settlement for delayed cancer diagnosis in just 8 months

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Client secures out-of-Court settlement for botched surgery

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Both dentist and hospital held responsible for poor surgery aftercare

Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

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Hospital compensates mother after failing to recognise signs of foetal distress

Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

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After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

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CLAIMS WON
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