NSW Police officer injured at work - Do I have a claim?

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fullnatty

Active Member
12 March 2018
7
0
31
Here is the nuts and bolts of my situation:

- Suffered complete tear of my ACL while on duty in 2012.
- Had knee reconstruction surgery soon after followed by physio for 6 months, all paid for under worker's comp
- Returned to full duties 9 months after surgery.
- For past 6 months pain has increasingly returned to my previously injured knee, to the point where I am limping for up to a week at a time.
- Had not done anything to re-aggravate the injury. Pain is identical in feeling and location as it was during the initial tear and healing period post operation.
- Have not worked in full duties for the police force for 18 months (unrelated to injury) but am still employed as a full time member of the force.
- Can not return to unrestricted duties due to my ongoing pain. Can not undertake any other career involving physical duty for the same reason.

Can I seek compensation?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Speak to the compo specialist at the Association
 

Shaun Marcus

Lawyer
LawTap Verified
7 February 2017
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Victoria, Australia
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Here is the nuts and bolts of my situation:

- Suffered complete tear of my ACL while on duty in 2012.
- Had knee reconstruction surgery soon after followed by physio for 6 months, all paid for under worker's comp
- Returned to full duties 9 months after surgery.
- For past 6 months pain has increasingly returned to my previously injured knee, to the point where I am limping for up to a week at a time.
- Had not done anything to re-aggravate the injury. Pain is identical in feeling and location as it was during the initial tear and healing period post operation.
- Have not worked in full duties for the police force for 18 months (unrelated to injury) but am still employed as a full time member of the force.
- Can not return to unrestricted duties due to my ongoing pain. Can not undertake any other career involving physical duty for the same reason.

Can I seek compensation?

You could have a claim, your outcome will be different depending upon which state you work in and how your injury occurred (was it an accident or the fault of a third party/employer). Remember strict timelines apply for compensation, 6 years in Victoria, and if so your time limit could be very close.
 

fullnatty

Active Member
12 March 2018
7
0
31
You could have a claim, your outcome will be different depending upon which state you work in and how your injury occurred (was it an accident or the fault of a third party/employer). Remember strict timelines apply for compensation, 6 years in Victoria, and if so your time limit could be very close.

Thanks for your reply.

I'm in NSW, it happened accidentally during a rostered police sporting event in September 2012.
 

larrylarry

Well-Known Member
2 March 2018
31
2
124
Thanks for your reply.

I'm in NSW, it happened accidentally during a rostered police sporting event in September 2012.
Yes you can and you are not affected by the 2012 amendments as you are a police officer.
You can seek a ss66/67 permanent impairment claim. If you are over 15% WPI there may be common law claim.
 

fullnatty

Active Member
12 March 2018
7
0
31
Yes you can and you are not affected by the 2012 amendments as you are a police officer.
You can seek a ss66/67 permanent impairment claim. If you are over 15% WPI there may be common law claim.
What entails being over 15% WPI for a knee injury post surgery?
 

larrylarry

Well-Known Member
2 March 2018
31
2
124
You will need a IME or independent medical examination and I will recommend Dr James Bodel.
Get a lawyer to assist you and fees paid by insurer except if you end up going to common law and it would be solicitor-client fees.
 

fullnatty

Active Member
12 March 2018
7
0
31
a complete tear of ACL and continued restriction will likely get you over 15% WPI under AMA5.

You will need a IME or independent medical examination and I will recommend Dr James Bodel.
Get a lawyer to assist you and fees paid by insurer except if you end up going to common law and it would be solicitor-client fees.

Thanks for your info.

I have had a complete tear of the ACL. Could you please clarify what you mean by "continued restriction"?

I have spoken to 2 lawyers today. They both seemed to differ greatly in regards to how much they believe I could be compensated and to be honest I'm unsure which one to go with.