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      Can I make a neck injury claim?

      A neck injury is any kind of damage to the area around your neck, including bones, muscles, ligaments and nerves. These injuries can happen from accidents, repetitive strain, or sudden jerks. They range from minor sprains to more serious issues like fractures or nerve damage.

      If you’ve suffered a neck injury at work or on the road, you might be eligible for compensation covering lost wages, medical expenses, and ongoing care. If your injury happened due to someone else’s negligence, you could also get a significant lump sum through a common law damages claim.

      Keep reading to learn more about making a neck injury claim — from checking if you’re eligible to figuring out how much compensation you could receive. If you’d prefer to speak to a lawyer right away, simply reach out. We’re always ready to provide free advice on your situation.

      Start your free online claim check

      Find out if you’re eligible for a neck injury claim today.

      Check your claim nowIt only takes 2 minutes.

      Common examples of neck injuries

      You can make a workers compensation or motor accident claim for almost any neck injury that happens at work or on the road. In our experience, this most commonly includes:

      • Whiplash: one of the most frequent neck injuries in motor accidents is whiplash, caused by the rapid, forceful back-and-forth movement of the neck. It can lead to pain, stiffness, and restricted motion.
      • Soft tissue injuries: these involve damage to muscles, tendons, or ligaments and are often seen in both workplace accidents and car crashes.
      • Disc injuries: bulging, herniated, or slipped discs can occur from impact or heavy lifting, often leading to nerve pain or numbness in other areas, like the arms and shoulders.
      • Fractures: neck fractures are serious injuries that can occur from high-impact accidents, potentially leading to long-term disability.
      • Cervical radiculopathy: this is a condition where a nerve root in the cervical spine is compressed or irritated, often due to a herniated disc or other trauma.

      If your injury isn’t listed here, don’t worry — there are plenty of other conditions you might be able to claim for. To find out if your situation qualifies, get in touch with one of our expert neck injury lawyers today.

      Can I make a workers compensation claim?

      If you’ve hurt your neck while on the job, you’re usually automatically eligible for workers compensation. It doesn’t matter:

      How much do I get paid on workers compensation?

      Your weekly workers compensation payments help cover lost wages and medical bills. If your neck injury leads to a permanent impairment, you could also qualify for a lump sum payout. Plus, if your neck injury was due to your employer’s negligence, you might have a common law damages claim.

      Most workers compensation claims these basic entitlements:

      • Weekly payments to help cover lost earnings (up to 95% of your pre-injury income).
      • Coverage for hospital and medical expenses.
      • Access to rehabilitation, counselling, and other support services.
      • Reimbursement for travel expenses related to treatment or appointments.

      If your injury results in long-term problems, you may be eligible for an additional lump sum payment.

      Each state has a minimum impairment level you must meet to qualify for this payout. For instance, in NSW, you need a Whole Person Impairment (WPI) of 11% or higher to be eligible for a lump sum.

      To find out more about how to secure your lump sum, check out our complete guide to permanent impairment claims.

      If your neck injury was caused by your employer’s negligence, you might have a common law damages claim. Here’s what you need to do:

      • Prove negligence: you’ll need to show that your employer didn’t take reasonable care for your safety, which led to your injury. Common examples of employer negligence include not providing enough training or proper safety gear.
      • Meet impairment levels: you must meet your state’s minimum impairment level. For instance, in NSW, you need at least 15% Whole Person Impairment (WPI) to file a common law damages claim.

      If your claim is successful, you could receive a substantial lump sum settlement — potentially worth hundreds of thousands or even millions, depending on the severity of your injury.

      The compensation you receive will depend on several factors, such as:

      • The type and severity of your injury.
      • How it affects your ability to work.
      • Your future work capacity.
      • Your future employment prospects.

      Emma secures $1.55mil for workplace bathroom slip-and-fall

      After Emma's slip-and-fall accident at work, she suffered serious neck and shoulder injuries that required extensive surgery. We quickly realised her claim involved more than just her employer — five parties could be held accountable, including the building’s occupier, manager, cleaners, and the plumbers who had recently worked on the bathroom.

      Using solid expert evidence, we demonstrated how each party failed to maintain a safe environment. We also collected medical reports, witness statements, and expert assessments to illustrate the impact of her injuries on her life. Ultimately, we successfully settled Emma’s claim for $1.55 million, ensuring she can cover her necessary medical treatment and ongoing care.

      Read Emma's full story here

      Can I make a motor accident claim?

      In Australia, every registered vehicle must have Compulsory Third Party (CTP) insurance, which allows you to claim compensation if you’ve suffered a neck injury in a road accident.

      The best part about CTP claims is that almost anyone injured on the road can make one. This includes:

      • Car drivers or passengers.
      • Pedestrians.
      • Cyclists or motorcyclists.
      • Victims of public transport accidents.

      In NSW, Victoria, Tasmania, the ACT, and the Northern Territory, you can make a claim even if you were at fault for the accident. However, in Queensland, South Australia, and Western Australia, you can only claim compensation if you prove that someone else was responsible.

      How much compensation can I get from a motor accident claim?

      In NSW, you can file a neck injury even if the accident was your fault. The amount of compensation you receive depends on whether your injury is a threshold (minor) injury or a non-minor injury.

      Threshold injuries generally include soft tissue injuries, such as whiplash; while a non-minor injury could be a disc injury or neck fracture.

      Your compensation may cover:

      • Lost income if you can’t work.
      • Hospital, medical, and rehabilitation expenses.
      • Assistance from friends, family, or professional caregivers.

      The exact amount you receive depends on how severely you’re injured.

      Common law damages

      If your condition is more severe and the accident was caused by another driver’s negligence, you might also be able to pursue a common law damages claim. Depending on your situation, this compensation could cover:

      • Lost earnings.
      • Future earning capacity.
      • Pain and suffering.
      • Reduced life expectancy.

      Want to learn more about your potential claims? Check out our road accident compensation guide.

      Anastasia wins $900k for neck injury after leaving her first lawyer

      Anastasia suffered severe neck and lower back injuries in a car crash, leaving her with permanent scarring and significant psychological trauma. Unable to work or afford ongoing care, she turned to us after losing trust in her initial lawyer. We quickly filed a claim, securing temporary payments within two months to ease her financial burden and cover her surgery costs.

      To strengthen her case, we gathered comprehensive medical reports from her doctors and independent experts. Her insurer resisted paying her fair compensation, but our team negotiated persistently to avoid court. Ultimately, we secured Anastasia a $900,000 settlement plus legal costs, securing her future medical and financial needs.

      Read Anastasia’s full story

      How much does it cost to make a claim?

      In NSW, the cost of your claim depends on the type of claim. For workers compensation claims, the Independent Review Office (IRO) funds our work, so you’ll never receive a bill from us.

      For motor accident claims, which aren’t covered by the IRO, you’re still protected by our No Win No Fee guarantee. Here’s what that means:

      • No cost to you: you won’t pay a cent unless we win your road accident claim.
      • No upfront fees: we handle all claim expenses, including medical reports and filing fees.
      • Lower legal fees: we aim to recover most of our fees from the other party, so you keep more of your compensation.
      • 90-day risk-free trial: see our work in action with a 90-day free trial. Cancel anytime in that period, and you owe nothing.
      Find out more about our fees

      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
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Vanessa Azzi
      Senior Associate
      • English, Arabic
      • Motor Vehicle Accidents, Public Liability, Work Injury Damages
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Madeleine Jennings
      Paralegal
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
      View full bio
      Meet more of the team

      Frequently asked questions

      If you’ve been in a car or work accident, here are some common symptoms of neck injury to look out for:

      • Pain and stiffness: discomfort or tightness in your neck, often worsening with movement.
      • Reduced range of motion: difficulty turning your head from side to side or looking up and down.
      • Muscle spasms: sudden, involuntary contractions of neck muscles.
      • Headaches: pain at the base of your skull that can radiate to the forehead or temples.
      • Tingling, numbness, or weakness: sensations that may extend from the neck down into the shoulders, arms, and hands.
      • Dizziness or balance issues: a sense of unsteadiness or light-headedness, particularly if nerve compression is involved.

      If you’re experiencing any of these symptoms, seeing a doctor and getting a treatment plan is the first step to recovery. Once your health is in good hands, reach out to a neck injury lawyer. In a free consultation, we’ll go over your rights and potential claims to help you move forward.

      Yes, strict time limits apply to all neck injury claims. The exact limit depends on what type of claim you’re making and which state you’re in.

      Workers compensation claims

      NSW, QLD, SA and TAS6 months of the accident
      VIC30 days of the accident
      WA12 months of realising you’re injured
      NT6 months of the accident or developing the illness
      ACT3 years of realising you’re injured or ill

      Motor accident claims

      NSW, QLD, SA, WA, TAS and NT3 years from the accident date
      VIC6 years from the accident date
      ACT13 weeks to 3 years depending on the type of claim

      Missed the deadline for filing your claim? Don’t worry. Our experienced lawyers are well-versed in time limit exceptions across all states and can apply on your behalf. We’ve helped hundreds of clients get delayed claims approved over the years, so you’re in good hands.

      How long your claim takes depends on a few things, like how serious your injuries are, what treatment you need, and — most importantly — how well your claim is prepared. Generally speaking, most claims are wrapped up within 12 – 18 months of your injury stabilising, meaning it’s not likely to get better with more time or treatment.

      If your injury hasn’t stabilised yet, it’s best to hold off on making a claim. Accepting an offer too early often means you’re missing out on the full compensation you deserve.

      With decades of experience in neck injury claims, our lawyers are experts at streamlining the process and securing your compensation fast. For a more accurate timeline on your claim, get in touch today.

      If your neck injury claim is denied, don’t worry — you can appeal the decision. The insurer is required to give you a notice explaining why they rejected your claim, and you have the right to request a review.

      To boost your chances on appeal, you’ll need substantial extra evidence proving the insurer made a mistake. It’s crucial to get legal advice before diving into this complex process. Our specialist lawyers are always ready to provide free advice on getting your denied claim approved.

      If your neck injury means you’re unable to work, you may be temporarily without income during the appeals process. The good news is, you have a few support options to explore. If you’re working with a lawyer, we’ll look into all income support options on your behalf.

      Temporary income support

      Check if you have employment benefits you can use, starting with:

      • Sick leave (since it won’t be paid out if you leave your job).
      • Annual leave.
      • Long service leave.

      Income protection

      You may have income protection benefits included with your superannuation policy, which can give you some financial relief while you’re not able to work. If you’re uncertain about your income protection options or super benefits, don’t hesitate to contact us. Our team will review your policy and give you a free assessment of what you’re entitled to.

      Government unemployment benefits

      You might also qualify for government benefits like JobSeeker or the Disability Support Pension, which can offer additional financial support while you’re out of work.

      In some cases, an insurer may find you partially responsible for your injuries because of something you did (or didn’t do). This concept is known as contributory negligence, and it can vary depending on the type of claim you’re making.

      Workers compensation claims

      Contributory negligence might include:

      • Ignoring safety protocols: not wearing Personal Protective Equipment (PPE) when required.
      • Being under the influence: working under the influence of drugs or alcohol.
      • Distraction: being distracted while performing a task, such as using your phone.

      Motor accident claims

      Contributory negligence may involve:

      • Seatbelt use: not wearing a seatbelt, including if passengers aren’t buckled up.
      • Helmet safety: riding a bike without a helmet.
      • Drunk driving: driving or riding while intoxicated, or knowingly getting into a car with an intoxicated driver.
      • Distractions: engaging in unsafe distractions, such as texting while driving.

      How does contributory negligence affect my compensation?

      Typically, if the insurer decides you contributed to the accident, they will reduce your compensation based on how much they think you’re at fault. If the insurer raises this, your lawyer can step in to dispute their claims using solid evidence and proven strategies, ensuring you keep as much compensation as possible.

      Let’s use a motor accident example to show how this works. Imagine you’re stopped at a red light and quickly check your phone when another driver rear-ends you. Normally, that driver would be at fault, but their insurer might propose a 30% reduction in your payout for contributory negligence. Your lawyer could challenge this by showing that there was an emergency that made you check your phone or that it wasn’t reasonable to think a quick glance would cause an accident.

      While work and motor accidents are the most common causes of neck injuries, there are other scenarios where they can happen:

      • Slip and fall: a sudden slip can jolt your neck in ways that lead to severe pain and ongoing neck issues.
      • Sports injuries: sudden impacts to the head during contact sports like rugby, AFL, boxing, or MMA can also cause neck injuries. Determining fault in these cases can be tricky, as players often accept the risks of physical contact. However, you may still be eligible for compensation in certain situations.

      If you’ve suffered a neck injury in either of these scenarios, you could qualify for a public liability claim. Contact us today to explore your options — your first consultation is completely free.

      Absolutely, you can have multiple claims for the same neck injury. What you’re entitled to will depend on factors like your state, the severity of your injury, and your ability to return to work.

      As part of our complete service, we’ll evaluate all your potential claims. Many of our clients with serious neck injuries discover they qualify for additional claims, which can often be worth significantly more than their initial claim.

      Income protection claims

      If your neck injury has prevented you from working temporarily, you might be eligible for an income protection claim. This could provide you with:

      • Monthly payments to replace your lost wages.
      • Up to 75% of your regular income, including superannuation.
      • Payments for a set period, such as 2 years, 10 years, or even until you reach retirement age.

      Total and Permanent Disability (TPD)

      If your neck injury permanently prevents you from working, you may qualify for a Total and Permanent Disability (TPD) claim. Unlike income protection, which gives you monthly payments, a TPD benefit provides a substantial lump sum meant to support you for life. Many superannuation policies include this coverage, so you might already have insurance without even knowing it.

      While you can technically make a neck injury claim on your own, having a specialist lawyer in your corner ensures you get everything you’re entitled to. A good lawyer will dive into the details of your case and support you at every step of the way.

      Here’s what a lawyer can do for you:

      • Initial assessment: your lawyer will evaluate whether you have a claim and how much it might be worth. At Monaco, this assessment is completely free.
      • Medical treatment and records: They’ll refer you to a doctor for treatment and scans, ensuring there’s a thorough record of your injuries. If scans come back clear but you’re still in pain, we’ll help you get a second opinion from one of our trusted medical professionals.
      • Calculating your compensation: Your lawyer will analyse the evidence to determine how much compensation you deserve. They’ll consider your past and future losses, how your injury impacts your ability to work and do daily tasks, and how it affects your life, family, and mental health. This comprehensive approach ensures you get the full compensation you’re owed.
      • Negotiating with the insurer: insurers may try to lowball those without lawyers, offering far less than what a claim is worth. A lawyer will step in to negotiate on your behalf, ensuring your settlement truly reflects the extent of your injuries and how they’ve changed your life.
      • Maximising your payout: a lawyer can help you discover additional entitlements beyond your motor accident claim, such as income protection, Total and Permanent Disability (TPD), and common law damages. This way, you’ll get maximum compensation for your injuries.

      No Win No Fee guarantee. This means there are no upfront costs and you only pay if we win your case. If we don’t succeed, you’ll never receive a bill from us.

      Before you decide to settle your claim on your own, it’s definitely worth chatting with a lawyer. Once you sign that agreement and get your compensation, there’s no turning back — you can’t reopen the case.

      See more FAQs

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco is the place to go for a lawyer that cares. You're in safe hands.

      They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.

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      I'm glad my friend recommended Monaco. I was happy with the result.

      Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.

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      How we can help you

      If you’ve suffered a neck injury at work or in a car accident, securing basic compensation is generally straightforward. However, this basic compensation often falls short of covering ongoing medical expenses, domestic care, and the pain and suffering your injury has caused. That’s where we come in.

      Our lawyers are well-versed in the motor accident and work injury schemes across all states. We employ proven legal strategies and expert evidence to establish liability, even in the most complex cases. Plus, we’ll help identify any additional claims you might qualify for, such as common law damages and TPD, ensuring you receive the maximum compensation possible.

      Voted ‘Compensation Law Firm of the Year in Australia 2020,’ we have the expertise to take on even the largest state insurers.

      Contact us today for free advice about your neck injury claim. Discover how much you could receive and if you’re eligible for any extra claims.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

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