What is consequential injuries and can I make a claim?

James Watt, Senior Associate • May 27, 2023

What is consequential injuries and can I make a claim?

As the name suggests, consequential injuries arise as a result of (or consequential to) an earlier primary injury. The signs and symptoms of these injuries are often delayed and may only become apparent several months after the initial injury.


A typical example of a consequential injury includes a right shoulder injury after suffering a fall at work. The injured person will begin adjusting to their daily activities by placing greater reliance and strain upon their left (uninjured) arm. As a result of that overreliance, the left shoulder become strained resulting in pain and restriction.


In some cases, the consequential condition has the potential to be more severe than the initial injury, particularly if left untreated.


The same principles apply regardless of whether the case is a court claim for a slip / fall, medical negligence, workers compensation, or motor accident claim.


From a legal perspective, the most important consideration is whether the link between the initial injury and consequential injury can be established.


Secondly: How do I claim a Consequential Injury?

It can be difficult to identify when a consequential injury starts to arise. Often, the original injury has been the primary focus of treatment and all attention by doctors (and patients) is on the recovery of that injury.


Therefore, only after symptoms of consequential injuries become serious do people make complaints of those issues to their doctors or physiotherapists.


It is important to be aware that these consequential issues can arise, and to immediately report concerns to the doctor(s) or physiotherapist(s) involved in your care. These professionals will make records which will become contemporaneous proof that a consequential injury has arisen.


It is then important to have the condition brought to the attention of the insurer (for example, in a Workers Compensation or Motor Vehicle Accident claim). The best method of doing so is to have all consequential conditions listed on a Certificate of Capacity or Certificate of Fitness and to specifically refer to those consequential conditions in referrals for further treatment. This will allow the insurer to be placed on notice of complaints and will help to facilitate further treatment.


Thirdly: What if the Insurer denies my Consequential Injury?

If the insurer in a Workers Compensation or Motor Vehicle Accident claim deny liability for a Consequential Injury, it may be necessary to dispute those issues in the Personal Injury Commission.


Recently, Kells represented an injured worker in the Personal Injury Commission. The worker had suffered a severe fracture in his right ankle and required prolonged use of crutches. He developed right shoulder pain due to the use of those crutches. Due to his altered way of walking, he developed right knee pain. His overreliance on the left leg resulted in left knee pain. The insurer denied all consequential injuries.


Kells qualified a number of legal experts to prove that the consequential injuries were related to the initial right ankle injury. In particular, steps were taken to obtain a report from a physiotherapist to comment on specific biomechanical changes caused by the right ankle injury.


Ultimately, the Personal Injury Commission accepted the arguments that the right ankle had resulted in biomechanical changes, and that initial injury was responsible for causing subsequent injuries to the right knee and left leg. The shoulder injury relating to the use of crutches was also accepted.


These cases can be difficult. At Kells we have the necessary skill, experience and expertise to help you succeed. Please contact us today to book in your free consultation with one of our experienced personal injury lawyers.


Kells has been delivering outstanding services and legal expertise to commercial and personal clients in Sydney and the Illawarra region for more than five decades. Our lawyers are savvy and understand your needs.

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