A catastrophic injury is more than a physical battle – it’s a life-altering event that affects the injured person, their family, career, and future. These complex claims require a level of care and attention that not all firms provide. Here, Compensation Lawyer Yasmine Chalvatzis explores the unique challenges of catastrophic injury claims and why expert legal representation is crucial to securing the support and compensation needed for the road ahead.
Suffering a catastrophic injury is a life-altering event. These are not just serious injuries—they are devastating, often near-fatal, and leave individuals and their families facing an entirely new reality. Whether caused by a workplace accident, motor vehicle accident, or public liability incident, catastrophic injuries bring immense physical, emotional, and financial challenges that require more than just legal expertise—they demand experience, dedication and a personalised approach from a lawyer who knows compensation schemes inside-out.
Unlike standard compensation claims, catastrophic injury cases involve complex legal and medical considerations that require meticulous attention. From securing the right calibre of medico-legal assessments to planning for long-term care, home modifications, and future financial security, every detail matters as you determine how your life will change and what you will need.
An injured person may be entitled to claim compensation for general damages, pain and suffering, loss of amenities, past and future loss of income and out-of-pocket expenses, treatment costs, and assistance costs.
Unfortunately, not all law firms treat these claims with the care they deserve. Large, shareholder-driven firms often follow a set-formula approach, prioritising volume over individual needs. When your future depends on the outcome of your claim, a one-size-fits-all approach simply isn’t good enough. After all, no two claims are the same. The compensation that one person might need to recover will be different from someone who has the same injuries and a very different lifestyle, age, medical history and occupation.
Depending on the severity of some injuries, individuals can also get support from the National Injury Insurance Scheme Queensland (NIISQ), a no-fault scheme that provides people who have suffered catastrophic-type injuries with medical, hospital and dental treatment, as well as ongoing care and support.
At Attwood Marshall Lawyers, we understand that catastrophic injury claims require an elevated level of expertise, understanding, compassion, and strategy. With almost 80 years of experience, our dedicated Compensation Law team focuses exclusively on advocating for the severely injured, ensuring that every aspect of their claim is handled with precision and care. Our goal is not just to win cases, but to help people and change their lives for the better.
Strict deadlines apply to claims for compensation, and so the earlier a claim is submitted and processed the easier it will be for insurers and lawyers to determine what the claim is worth and to help the injured individual obtain the treatment and support they need.
Workers’ compensation claims
Catastrophic workplace injuries often involve life-changing consequences that require not just short-term medical care, but long-term rehabilitation, home modifications, and income replacement.
Seriously injured workers who have suffered severe or near-fatal injuries at work may obtain access to compensation, damages, insurance payments and benefits.
The worker will be required to lodge a workers’ compensation claim with the workers’ compensation insurer (i.e. WorkCover, or the employer’s self-insurer).
Claims for statutory workers’ compensation must be made within six months of the accident, although there are occasionally exceptions, and this time can be extended.
Workers who suffer catastrophic injuries in the workplace will generally have a strong common law claim in negligence against their employer. In Queensland and New South Wales, a common law claim must commence within three years from the date of injury, or they become statute barred.
Examples of catastrophic injuries include:
- Brain Injuries
- Spinal Cord Injuries
- Amputation (multiple or high level)
- Crush injuries
- Severe burns
- Permanent blindness caused by trauma.
Like Queensland, New South Wales defines catastrophic injuries as spinal cord injuries, brain injuries, multiple or high-level amputations, severe burns and permanent blindness, as set out in Part 9 New South Wales Workers Compensation Guidelines. Those who suffer catastrophic injury in New South Wales can also apply to the National Disability Insurance Scheme (NDIS) for treatment, care and support assistance. Similar “interim” and “lifetime” participant procedures apply.
Sadly, it is not uncommon to see news of catastrophic workplace accidents.
Earlier this year, The Courier Mail reported about two construction companies being fined over a catastrophic injury sustained by their worker after a steel beam fell on him, exposing his skull, and causing a significant laceration to his forehead and eye area.
In another Queensland news story, a young 17 year-old apprentice was left fighting to walk again after he was crushed by a 150-200kg fridge in a workplace accident.
In 2024, reports of a Melbourne man were shared, who was working the night shift at a Bluescope Steel factory and had a 10-tonne steel beam fall from a crane onto him. He was trapped beneath the beam and suffered severe injuries including two spinal fractures and multiple breaks to his pelvis. He required several surgeries and had to have his foot amputated.
Catastrophic injuries like these are life changing – not just for the injured workers, but for everyone around them. The impact extends beyond the physical trauma, often resulting in long-term psychiatric conditions that can be just as debilitating.
Many workers who suffer these severe injuries are unable to return to their previous roles and may struggle with any form of employment, facing an uncertain future.
Public liability claims
Public liability claims arise when someone is injured due to the negligence of someone else, including a business, government entity, or property owner. These cases often involve complex liability issues and require a careful assessment. The types of accidents that may qualify an injured individual to make a public liability claim include:
- Medical negligence or malpractice
- Sexual or physical abuse or assault
- Slips, trips and falls (for example on uneven pathways, in supermarkets, shopping centres and offices (including stairs))
- Accidents at schools, universities or during excursions
- Recreational or sporting accidents
- Injuries sustained at sports or musical events
- Boating accidents
- Buildings, machinery, or patios collapsing, including debris from building sites
- Injuries suffered from falls into lift-wells, mine shafts, or other dangerous sites
- Injuries at someone’s home due to unsafe conditions
Proving negligence in public liability claims can be complex. Each case is unique and must be assessed based on its own facts. It is essential to determine whether the responsible party was legally negligent and whether they have the financial means or insurance coverage to pay compensation.
In Queensland and New South Wales, strict time limits apply for launching court proceedings.
Public liability claims for personal injuries must be commenced within three years of the date of injury or they become statute barred, preventing a claim of compensation.
In Queensland, the injured individual must serve a Notice of Claim Form on the person or entity who they believe is responsible for their injury within one month of instructing a lawyer to act, or within nine months of the date of the incident – whichever is earlier.
If you consult a lawyer, they will make sure the claim form is prepared and served within the time limit for you. You can serve a claim form outside of these time limits if you provide a satisfactory explanation for the delay, but not longer than three years from the accident date.
In New South Wales, the injured individual will need to prepare and serve a letter of demand upon the person or entity who they believe is responsible for their injury. The claim must be formally commenced in court within 3 years of the accident, or the claim will be statute barred, preventing the injured from bringing a claim thereafter.
If you suffer a public liability injury:
- Report the incident to the occupier as soon as possible.
- Gather as much information and evidence as possible, including photographs and videos of the scene.
- Obtain medical reports and clinical notes on the nature and extend of the injuries sustained.
- Collect contact details of any witnesses to the incident.
- Preserve all evidence by keeping the clothes and shoes you were wearing in the same condition.
Motor vehicle accident claims
If you suffer catastrophic injuries in a motor vehicle accident in Queensland and New South Wales as a passenger, pedestrian or a driver due to the total or partial fault of another driver or vehicle owner, you can make a Compulsory Third Party (CTP) claim to compensate you for your injuries and losses.
The claim is made against the CTP insurer of the at-fault vehicle, or against the Nominal
Defendant if the at-fault vehicle is unregistered, uninsured, or unidentified. All vehicles are insured through the registration system we have in Australia, so it doesn’t matter which state or territory you have the accident in. Strict time limits apply to lodging the initial claim form and there are different time frames, depending on where the accident happened.
Catastrophic injuries often occur in the context of high impact collisions, serious road accidents, motorcycle accidents, multiple vehicle pileups, speeding collisions, vehicle rollovers, or where pedestrians or bicyclists are hit at speed by a vehicle.
TPD Claims and Insurance Claims
If you have suffered catastrophic injuries and are entitled to commence a claim or obtain access to NIISQ or NDIS benefits, you may also be entitled to pursue a Total and Permanent Disablement (TPD) claim depending on what insurance you may have available inside or outside your superannuation and whether you meet the TPD definition.
Read more: What is NIISQ?
A successful TPD claim may provide you with the lump sum payment and the financial relief you need.
In order to meet the required definition of total and permanent disablement, your treating doctors must be of the view that your injuries will prevent you from returning to the workforce in the future.
You may also have access to income protection payments to provide you with some level of income support whilst you are unable to work.
Read more: Making a Total and Permanent Disablement (TPD) Claim
Attwood Marshall Lawyers – helping people through the toughest times for almost 80 years
At Attwood Marshall Lawyers, it is our intent to help people and change their lives for the better. Our personal injury lawyers are trained to listen and connect with our clients and provide empathetic and multi-faceted assistance.
It is our goal to help you get the treatment you need and the financial security you deserve after sustaining a catastrophic injury.
We offer free, no-obligation initial consultations to provide you with all the information you need to understand what entitlements you may be able to access, options regarding your treatment, and how to get your claim underway.
To discuss your unique matter, please reach out to our Compensation Law Department Manager, Tyra Hall on direct line 07 5506 8261, email thall@attwoodmarshall.com.au or call our 24/7 phone line on 1800 621 071.
You can meet with our Compensation Lawyers at any of our conveniently located offices at Coolangatta, Robina Town Centre, Kingscliff, Brisbane, Sydney, and Melbourne. Book online now.
