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      What is a spinal injury claim?

      A spinal injury can transform your life in an instant: leaving you unable to work, care for your family, or manage daily activities. While they may seem rare, over 20,000 Australians are currently living with a serious spinal injury.

      Over the years, we’ve successfully resolved hundreds of spinal injury claims for our clients. Some of the most common claims we’ve worked on include:

      These are just a few examples of the cases we handle. If you’re dealing with a spinal injury, reach out to us today. Our expert lawyers offer free consultations to assess your claim and how much compensation you could receive.

      Start your free online claim check

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

      Check your claim nowIt only takes 2 minutes.

      What spinal injuries qualify for a claim?

      Any spinal injury resulting from a road accident, workplace incident, or someone else’s negligence may qualify for a claim. This also includes situations where your existing injury is exacerbated by the incident.

      The most common spinal injuries eligible for compensation include:

      • Herniated discs.
      • Sprains and strains.
      • Vertebrae fractures.
      • Spinal Cord Injuries (SCIs).

      This is by no means a complete list — almost any spinal injury is eligible for compensation. If you’re unsure whether your situation qualifies, contact us today.

      Common causes of spinal injuries

      Spinal injuries can result from various accidents or activities, but some of the most common causes are:

      • Repeatedly lifting and carrying heavy objects.
      • Slips, trips, and falls.
      • Recreational activities.
      • Road accidents.
      • Workplace accidents due to unsafe conditions.
      • Surgical errors.
      • Inadequate postoperative care.
      • Improper physical therapy.

      Starting your spinal injury claim in 3 steps

      If you’ve developed a spinal injury, follow these steps to secure the medical and financial support you need:

      Consult your GP or another medical professional to diagnose your condition and recommend treatment. They may also refer you to a specialist. Your GP can provide a medical certificate, which is crucial evidence for your claim.

      Keep a detailed record of your symptoms, how they impact your daily life, and any related incidents. This documentation is vital for supporting your claim.

      Reach out to a lawyer experienced in spinal injury claims. They can clarify your rights, guide you through the claims process, and estimate your potential compensation. Your lawyer will also gather medical evidence, obtain witness statements, and negotiate with insurers on your behalf to ensure you receive the best outcome.

      How much compensation will I get?

      The compensation you receive for a spinal injury claim can vary greatly depending on several factors, including:

      • The type of claim you’re pursuing.
      • The severity of your injuries and their effect on your daily life.
      • Your income before the injury.
      • Your ability to work after the injury.
      • Your age.
      • The specific laws in your state.

      If your injuries are less severe and your recovery period is short, you might receive weekly payments for lost wages and medical expenses. However, since spinal injuries often require extensive treatment and can impact your work capacity, you’re more likely to qualify for a lump sum payment.

      Below, we explain how compensation is calculated for the most common types of claims.

      If your spinal injury happened because of work, you may be entitled to three main types of compensation:

      Basic workers compensation entitlements

      All workers compensation claims typically include:

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

      Lump sum payments

      If your spinal injury is permanent, you may be eligible for an additional lump sum workers compensation payment.

      In most states, this involves assessing your Whole Person Impairment (WPI), which is the percentage of total impairment you’ve experienced due to your injury. The lump sum payment you receive is based on your WPI percentage, and you typically need to meet a minimum threshold to qualify.

      For more details on lump sum payments and specific state requirements, check out our guide to workers compensation claims for permanent impairment.

      Common law damages

      If your spinal injury results from your employer’s negligence, you may qualify for a common law damages claim.

      These claims can lead to significant lump sum payouts, reaching hundreds of thousands or even millions of dollars.

      Beyond basic workers compensation benefits, common law damages may also cover:

      • Future lost earnings and superannuation.
      • Ongoing medical expenses, treatment, and rehabilitation costs.
      • Pain and suffering i.e. the injury’s impact on your mental health and quality of life (in some states)

      The compensation you receive depends on the severity of your injury and its impact on your life.

      Depending on your situation, you might be eligible for:

      • Lost income and superannuation: compensation for both past and future earnings.
      • Care and support: coverage for professional care and support from family or friends, including if you can no longer care for a dependent.
      • Pain and suffering: compensation for the physical and mental toll of your injury.
      • Additional costs: medical expenses, travel, and necessary modifications to your home or vehicle.

      For more details on potential compensation amounts, refer to our complete guide to public liability compensation.

      Compensation for a motor accident claim depends on factors like your state, the severity of your condition, and whether you were at fault in the accident.

      Depending on your situation, your compensation may cover:

      • Lost income: the amount of income you’ve lost due to your spinal injury. If someone else’s negligence caused the accident, you may also receive future lost income.
      • Pain and suffering: compensation for the physical and emotional impact of your injury.
      • Care and support: costs for professional care or support from family and friends, as well as compensation if you can no longer care for a dependent.
      • Additional costs: medical expenses, travel costs, and home or vehicle modifications. If the accident was caused by someone else’s negligence, you may also have a claim for future medical expenses.

      For detailed information on potential compensation amounts, check out our comprehensive guide on motor accident claims.

      Compensation for medical negligence claims varies significantly depending on the details of your case. While some settlements might range from $100,000 to $200,000, others can exceed $10 million.

      You may receive compensation to cover:

      • Lost income: past and future earnings, including superannuation.
      • Pain and suffering: compensation for the physical and emotional impact of your injury.
      • Care and support: costs for professional care or support from family and friends, as well as compensation if you can no longer care for a dependent.
      • Additional costs: medical expenses, travel costs, and home or vehicle modifications.

      Patrick secures $900k payout for workplace slip-and-fall

      While on a Working Holiday Visa, Patrick was sent to work at another company by his employer. There, a manager assigned him an unsafe task that caused him to slip and injure his back and spine.

      We worked with a work safety expert who confirmed that Patrick’s employers violated key safety guidelines. We then gathered evidence of his losses and filed two common law claims: one against his employer and another against the site’s company. Despite Patrick’s visa expiring and his benefits ending, we eventually secured him a settlement of nearly $900,000.

      Read Patrick's full story

      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
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      How much will my spinal injury claim cost?

      Though the exact cost of your claim varies depending on its complexity and length, our No Win No Fee guarantee always keeps you protected.

      • No financial risk: we cover all upfront costs like expert evidence, medical tests and legal fees — and you’ll pay nothing unless we win your claim.
      • Clear fees: receive a complete breakdown of our fees before we start work.
      • Avoid court costs: we resolve the majority of our claims through mediation, saving you the you the time and expense of court proceedings.
      • Reduced legal fees: we typically recover our fees from the other party, which means you retain more of your compensation.
      • 90-day trial: try our services risk-free for 90 days. If you choose to cancel within this period, you won't incur any charges.
      Find out more about our fees

      Injured at work? Your workers compensation claim is completely free

      In NSW, all workers compensation claims are funded by the Independent Review Office (IRO). This means that if you sustained a spinal injury at work, we can assist with your workers compensation claim at no cost.

      Learn more about how the IRO supports your claim

      Frequently asked questions

      Yes, strict time limits apply to all spinal injury claims. The exact limit depends on the type of claim you’re making and the state you’re in. Below, we take you through time limits for the three most common spinal injury claims.

      If you’ve missed the deadline to file your claim, don’t worry. Our experienced lawyers are well-versed in the time limit exceptions for each state and can apply on your behalf. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.

      Work injury claims

      You must report your spinal injury to your employer as soon as possible after it occurs. Depending on your state, you then have between 6 to 12 months to file your workers compensation claim.

      For common law damages claims, the time limits also vary by state. In some states, you must start court proceedings within three years of the spinal injury. In others, you have three years from the date you discover that your injury was caused by your employer’s negligence.

      Public liability claims

      In some states, you must begin court proceedings within three years of injuring your spine. In others, you have three years from the date you discover your injury was caused by someone else’s negligence.

      To discover the exact limits that apply in your state, visit our comprehensive guide to public liability time limits.

      Motor vehicle accident claims

      Generally, you must notify your state insurer as soon as possible after the accident. You then have between 13 weeks and three years to initiate court proceedings, depending on the regulations in your state.

      To learn more about which time limits apply, head to our detailed guide to time limits in motor accidents.

      Medical negligence claims

      In some states, you must begin court proceedings within three years of developing your spinal injury. In other states, you have three years from the date you discovered your injury was caused by medical negligence.

      Find out the specific time limits that apply to you in our complete guide to medical negligence time limits.

      If you think you’ve suffered a spinal injury, watch for these symptoms:

      • Pain or tenderness around your spine.
      • Pain that intensifies with movement, coughing, sneezing, or laughing.
      • Difficulty bending, walking, or standing straight.
      • Muscle spasms.
      • Bruising or swelling.
      • Pain radiating down your arms or legs.
      • Numbness.
      • Loss of muscle or grip strength.

      Speak to your GP or medical specialist if you’re experiencing any of the above. Spinal injuries are serious, so it’s crucial to seek treatment immediately to reduce pain and improve your chances of recovery.

      You may still be eligible for a spinal injury claim if your injury occurred during a recreational activity, such as jet-skiing, diving, skiing, or boating.

      However, since these activities are inherently high-risk, you can only claim if you can demonstrate that your injury resulted from defective equipment or reckless behaviour by an instructor or driver. For instance, if they were speeding or failed to provide proper instructions, this could support your claim.

      Yes, you may be entitled to compensation for psychiatric conditions that result from your spinal injury.

      Often referred to as ‘secondary injuries,’ psychiatric conditions like depression or anxiety can arise from the pain and limitations caused by a spinal injury. These mental health issues can significantly hinder your recovery and ability to return to work.

      To ensure your claim covers both your physical and psychiatric conditions, it’s important to inform your doctor, psychiatrist, and employer about any mental health symptoms related to your spinal injury.

      You can still make a spinal injury claim if you had a pre-existing condition before the incident. This could be a separate issue from the one caused by your workplace, accident, or negligence, or your existing condition might have worsened because of the incident.

      The ‘egg-shell skull rule’ applies here, meaning that the responsible party is liable for the full extent of your injury, loss, and damage, even if the injury is more severe due to your pre-existing condition.

      Yes, you might be eligible for multiple claims related to the same spinal injury. Your entitlements will depend on factors such as your state, the severity of your injury, and your ability to return to work.

      We thoroughly assess all potential claims you may have as part of our complete service. In our experience, most spinal injury clients are entitled to additional claims — often worth significantly more than the value of their initial claim.

      Income protection claims

      If your spinal condition has temporarily prevented you from working, you might be eligible for an income protection claim. This usually includes:

      • Monthly wage-replacement payments.
      • Up to 75% of your regular income, including superannuation.
      • Payments for a set period, such as 2 years, 10 years, or until retirement age.

      Total and Permanent Disability (TPD)

      If your spinal injury permanently prevents you from working, you may be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection payments, a TPD benefit offers a substantial lump sum intended to provide lifelong support. This coverage is frequently included in superannuation policies, so you might already have this insurance without knowing it.

      Free Claim Advice

      Speak to an expert lawyer about your situation today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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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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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      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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      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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      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 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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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      We have over 25 years’ experience winning spinal injury claims for our clients. As part of our comprehensive service, we will always:

      • Explain your rights and what you’re eligible to claim.
      • Ensure you receive the support, treatment and time off work you need.
      • Prove your claim using compelling medical evidence.
      • Handle negotiations with the insurer for you.
      • Appeal your claim if it’s denied or the insurer offers an unfair settlement.
      • Find all your extra entitlements, such as a TPD benefit.
      • Secure the maximum possible compensation for your spinal injury.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Spinal Injury Compensation Claims
      Medical Negligence

      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

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      $2.5 million

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

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

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      $2.5 million

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      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

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      $1.5 million

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

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

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      $750,000

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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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      $500,000

      Spinal Injury Compensation Claims
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      Mary secures settlement for delayed cancer diagnosis in just 8 months

      When doctors repeatedly missed diagnosing Mary’s* breast cancer, we tapped into our network of experts to swiftly secure the compensation she needed for her ongoing care. Mary...

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      $230,000

      Spinal Injury Compensation Claims
      Medical Negligence

      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

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      $850,000

      Spinal Injury Compensation Claims
      Medical Negligence

      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,...

      Read more

      $550,000

      Spinal Injury Compensation Claims
      Medical Negligence

      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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      $550,000

      Spinal Injury Compensation Claims
      Medical Negligence

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

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

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      “Monaco got us an upfront payment to ease the financial strain.”

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