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Spinal Injury Compensation Claims WA

Spinal injuries can affect mobility, independence, work and everyday life long after the initial accident. Where an injury results from a motor vehicle accident, workplace accident or another incident where compensation is available in Western Australia, the appropriate claim pathway can help address both immediate losses and longer-term needs.

At Foyle Legal, we help injured people understand which scheme applies, what evidence is needed and how long-term care and financial impacts should be considered.

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Which compensation pathway applies to a spinal injury in WA?

The scheme that applies depends largely on how the injury happened.

If you suffered a spinal injury in a motor vehicle accident, your claim may fall within WA’s motor injury insurance system. People catastrophically injured in a WA motor vehicle accident on or after 1 July 2016 may be eligible for necessary and reasonable treatment, care and support through the Catastrophic Injuries Support Scheme. 

If the injury happened at work, your claim will generally fall under WA’s workers’ compensation system. People catastrophically injured in a workplace accident in WA on or after 1 July 2024 may also be eligible for support through the Catastrophic Injuries Support Scheme. 

These pathways have different eligibility requirements, benefits and claim processes. 

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How do serious spinal injuries affect compensation?

Spinal cord injuries (SCI) vary considerably. Paraplegia can affect movement and sensation in the lower body, while quadriplegia or tetraplegia can also affect the arms and upper body. Other spinal injuries can still cause substantial impairment without resulting in complete paralysis.

The effects on mobility, independence, employment and daily activities can all be relevant when assessing a claim. Depending on the level and severity of the damage, spinal cord injuries can also involve bowel, bladder or other neurological dysfunction.

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What long-term costs and evidence should a spinal injury claim consider?

A spinal injury can create costs that continue for years or for life. Depending on the applicable scheme, these can include:

  • Medical treatment and rehabilitation
  • Personal care and attendant care services
  • Mobility equipment and assistive devices
  • Home or vehicle modifications
  • Lost income and reduced earning capacity

Some needs only become clear as recovery progresses. Medical reports, rehabilitation assessments, functional evidence, employment records and information about expected care requirements can help show how the injury is likely to affect you over time.

For eligible catastrophic injuries, ongoing care can be assessed based on the person’s individual needs, daily function and independence goals.

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How Foyle Legal can help

Foyle Legal assists clients with serious personal injuries across Western Australia. We can help by:

  • Clarifying your compensation options
  • Gathering supporting evidence
  • Assessing immediate and long-term losses
  • Managing the claim process and explaining your next steps

If you or a loved one has suffered a spinal injury, contact us to discuss your circumstances and next steps with our team.

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FAQs

What is spinal injury compensation?

Spinal injury compensation is financial compensation or support available through a relevant legal scheme after a spinal injury. The pathway depends on how the injury occurred, such as in a motor vehicle accident, workplace accident or another incident that gives rise to a personal injury claim.

Can I make a spinal injury compensation claim?

A claim can be made where the injury falls within a compensation framework that applies to the circumstances and the relevant requirements are met. How the injury occurred, its impact and the supporting evidence will shape how the claim is handled. 

What types of spinal injuries can I claim compensation for?

Spinal injury compensation claims can involve spinal cord damage and other serious spinal injuries that cause lasting impairment. This includes complete and incomplete spinal cord injuries, as well as injuries resulting in paraplegia or quadriplegia. The severity and functional effects of the injury are important considerations.

How much compensation can I claim for a spinal injury?

There is no standard payout for a spinal injury. The amount available depends on factors such as permanent impairment, lost income, future earning capacity, treatment needs and other recognised losses. The value of each claim turns on its individual facts and supporting evidence.

What can I claim compensation for after a spinal injury?

Depending on the pathway, compensation for spinal injury can address medical and rehabilitation expenses, lost income, reduced earning capacity and other recognised losses. Serious injuries can also create long-term needs involving personal care, mobility equipment, home modifications and ongoing rehabilitation.

Can I claim compensation for paraplegia or quadriplegia?

Yes, where the circumstances meet the requirements of the relevant compensation framework. Because the effects of paraplegia and quadriplegia can be significant and long-lasting, the claim should consider the full extent of the injury and properly supported future needs. 

Does spinal injury compensation cover lifetime care and support?

It can. Under WA’s Catastrophic Injuries Support Scheme, eligible people can receive necessary and reasonable treatment, care and support, including in some cases for life. The scheme covers qualifying catastrophic injuries, including spinal cord injuries, following certain motor vehicle and workplace accidents.

What evidence do I need for a spinal injury compensation claim?

Evidence can include medical reports, rehabilitation and functional assessments, employment and income records, treatment expenses and information about future care needs. For workplace claims, permanent impairment assessments can also play an important role once the injury has stabilised sufficiently for assessment.

What is the difference between ICWA and WorkCover claims?

ICWA manages WA motor injury insurance and the Catastrophic Injuries Support Scheme. WorkCover WA administers the state’s workers’ compensation system, while workplace claims are generally managed through employers and insurers. Certain catastrophic workplace injuries can also qualify for support through the CIS Scheme.

Do I need a spinal injury lawyer?

You do not need a spinal injury lawyer to start understanding your options. In WA, a spinal injury lawyer can help identify the correct compensation pathway, gather evidence, assess current and future losses and explain how the relevant scheme applies to your circumstances.

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