Knee Injury Workers’ Compensation in Queensland

Knee injury workers’ compensation in Queensland

Knee injuries are one of the most common workplace injuries, particularly in jobs involving lifting, kneeling, climbing, or repetitive movements.

If you have suffered a knee injury at work, you may be entitled to workers’ compensation benefits and, in some cases, a common law damages claim. Even if you had a pre-existing knee condition, you may still be able to claim compensation if your work duties caused or worsened the injury.

At Denes Lawyers we are experienced in recovering compensation for knee injuries. (See below)

Can you claim workers’ compensation for a knee injury?

Yes. In Queensland, you can claim workers’ compensation if your knee injury:

  • happened at work, or
  • developed over time due to your work duties

This includes injuries caused by:

  • a sudden incident (e.g. twisting your knee while lifting)
  • repetitive strain (e.g. frequent kneeling or squatting)

In many cases, workers can still claim compensation where a workplace injury has

Learn more in our guide to pre-existing conditions and workers’ compensation.

Common type of knee injuries at work

Workplace knee injuries vary in severity. Common examples include:

Meniscus tear

A tear in the cartilage of the knee, often caused by twisting or sudden movement. Symptoms include swelling and pain, and also an inability to straighten the leg.

Ligament injuries (ACL, MCL or PCL)

These can be caused by sudden twists or excessive force on the knee joint. If you are browsing this site you may have heard of the Anterior Cruciate Ligament. It’s in the centre of the knee joint and gets commonly injured. It often requires reconstructive surgery.Unfortunately, these types of injuries can result in long recovery times.

Patellofemoral pain syndrome

This refers to pain behind the knee cap. Walking on stairs, squatting or sitting can cause pain.

Knee bursitis

Inflammation caused by repeated kneeling, common in trades and manual work.

Knee injuries and pre-existing conditions

It is very common for workers to already have some degenerative changes in the knee, particularly as they get older. However, many people:

  • have no symptoms before the injury, and
  • are able to work without restriction

A workplace injury may:

  • cause a new injury, or
  • make an underlying condition worse, or
  • turn a previously painless condition into a painful one

This is often described as an aggravation or exacerbation of a pre-existing condition, and it can still be covered by workers’ compensation.

See our detailed guide on aggravation of pre-existing conditions.

Medical treatment and surgery

Treatment for a knee injury depends on the severity of the condition. Common treatments include the following.

Physiotherapy or rehabilitation programs

Physiotherapy is one option to manage pain symptoms, and can increase strength and mobility. Alternatively you may be referred to participate in rehabilitation programs.

Surgery

If surgery is required, a commonly applied method is called arthroscopic surgery, where the operation is performed through small cuts. More severe cases, however, require open surgery (when the joint is laid bare).

Some procedures involve ligament reconstruction and cartilage repair procedures. See our guide to total knee replacements.

What compensation can you receive?

If your claim is accepted, you may be entitled to several types of compensation.

Workers’ compensation benefits

While your workers’ compensation claim is open you can receive:

  • weekly payments while you are unable to work
  • medical and rehabilitation expenses
  • physiotherapy and specialist treatment

Lump sum compensation (permanent impairment)

If your knee injury results in permanent impairment, you may be entitled to a lump sum payment. WorkCover sends you to an Independent Medical Examination to determine the level of your permanent impairment (according to WorkCover’s doctor). They then multiply the percentage by an amount which is specified in legislation. (It’s indexed every year). At the time of writing this (in 2026) the relevant amount is $4,222.58 per every 1%.

Remember: don’t accept the lump sum amount offered to you at the end of the workcover claim without seeking legal advice first – you could lose your right to make a common law claim.

Common law damages

If your employer was negligent, you may also be able to bring a common law damages claim. This can include compensation for:

  • pain and suffering
  • past loss of income
  • future loss of income
  • medical expenses

For many injured workers, future economic loss is the largest component of the claim, particularly where the injury affects long-term work capacity.

Common law damages for knee injuries in Queensland in detail

General damages

The amount of compensation you can receive as general damages depends on the nature and severity of your injuries and the extent of your pain and suffering. In many cases, the compensation amount is fixed by legislation. In some other cases, the court has broad discretion.

Medical experts will rate the severity of your injuries on a scale of 1 to 100. For example, a serious knee injury may be rated 11 to 24 out of 100. The applicable general damages award is between $23,112 and $61,990 (as at 2026).

Past economic loss and Future economic loss

It’s not well known but this is often the most “lucrative” component of your compensation claim. You can be compensated for earnings you lose or may lose because you are not able to work due to your injuries. Past earnings loss (loss between the date of injury and settlement or judgement) is generally proven based on tax returns and other financial documents.

Compensation for future economic loss (loss you incur up to retirement age) depends on your age, your residual earning capacity, but other factors may also be taken into account. Please note: we can recover lump sum compensation now for losses you might incur in the future. Click here to access our free brochure which contains more information.

It’s important to realise you are also entitled to be compensated for superannuation contributions which you would have received but for your injuries.

Past and future medical expenses

Past medical expenses refers to expenses which you incur between the date of the injury and the date of settlement or judgement.  Think of X-Rays, MRI scans, GP visits etc. To ensure that you receive compensation for all expenses incurred, it is important to keep receipts.

In addition to medical expenses, you can also recover travel expenses, and in some cases other other things as well such as accommodation costs.

Future expenses are those which you will incur after the date of settlement or judgement. These expenses are based on estimates provided by medical and other experts. The estimates take into account any need for further surgery, likely medication expenses, likely further travel expenses, any special equipment (think of reclining chairs, special shoes etc).

Does Denes Lawyers have experience in recovering compensation for knee injuries?

Yes, we have a successful track record in recovering significant compensation for clients with serious knee injuries. Some of the claims we have been involved in include:

  • Our client was injured at a mine site where he was a fly in fly out (FIFO) worker. He suffered serious knee injuries. To complicate matters, the knee injury was subsequently aggravated. We identified the defendants who had to pay compensation (it wasn’t just the employer) and we obtained evidence from an orthopaedic surgeon about the severity of the injuries.
  • Another client hurt his knee when he tripped at work. The floor was untidy. WorkCover didn’t believe our client and said that he injured his knee at home, not at work. We proved our client’s case and despite the fact that he had a number of other unrelated medical conditions, we achieved a very positive result.
  • One of our clients injured his knee when it gave at work on uneven ground. There was just one problem: our client’s knee had previously been reconstructed. It was argued against our client that irrespective of the work injury his knee was already badly damaged. We disagreed. Just because he had previously had knee surgery doesn’t mean that at the time of the incident the knee wasn’t functioning as it should. The matter was successfully resolved.

How long does a knee injury claim take?

Most workers’ compensation and common law claims take 12 to 18 months to resolve.

This allows time for:

  • medical treatment
  • recovery and rehabilitation
  • assessment of long-term impairment

More serious injuries may take longer.

When should you speak to a lawyer?

You should consider getting legal advice if:

  • your WorkCover claim has been rejected
  • WorkCover says your injury is due to degeneration rather than work
  • your payments have stopped but you still have symptoms
  • you are considering a common law damages claim

Knee injury claims often involve disputes about pre-existing conditions, which can significantly affect compensation.

Speak with a workers’ compensation lawyer

If you have suffered a knee injury at work, you may be entitled to compensation — even if you had a pre-existing condition.

We offer free consultations to discuss your situation and explain your options. We also offer to cap our fees at 25% of your settlement.

Related content:

  1. Does workers’ compensation cover a pre-existing condition?
  2. Guide to claiming compensation for total knee replacement
  3. No Win No Fee Lawyers Queensland – How It Works + 25% Fee Cap

Frequently asked questions

Can I claim workers' compensation even if my knee injury developed over time?

Yes, but act fast. We may need to urgently investigate when your symptoms started. In Queensland, you generally have 3 years to make a claim in court, but before you can do that there are other timeframes you need to comply with.

I had occasional pain in my knee before but it got a lot worse. Can I claim?

Yes, even if you had pre-existing pain, you can still claim compensation.

Free book offer: what to expect in your injury claim

If you are recovering after a work injury, you may be confused about your rights. Like many other workers just like you, you may be getting conflicting information about what you can expect from the workers’ compensation claim process. We have made our book “Unpacking your WorkCover Queensland claim” available free of charge. You’ll find answers to frequently asked questions as well as information which will help you make good decisions along the way. Some of the issues we deal with in the book include:

  • Your rights during a WorkCover claim (for example your workplace rights)
  • Important time limits
  • What happens if you are sent for a permanent impairment assessment and you don’t like the result
  • The common law claims process and why you should consider making a common law claim
  • What is a no win – no fee agreement? How much will it cost?

Our book is available to you free of charge. You don’t have to be a client to receive this book. Head to the order page and we will be happy to send you a copy straight away.

25% cap on legal costs

In Queensland, most compensation firms will charge you 50% of your compensation amount – the maximum allowed at law. This is very expensive. Our fee is different. We will cap our fee at 25%.  Remember also, these are the maximum fees we will charge. If our fee in your claim is less, then we charge the lesser amount.

Before you engage us, we will provide you a written Disclosure Notice and a Client Service Agreement. These documents set out in detail the service we provide, as well as our fees and outlays. Before you sign anything, you can take these documents home with you, and study them with your family. You can take as long as you need, there is never any pressure from us. If anything in these documents doesn’t make sense to you, we can discuss it with you and you are free to ask another lawyer to give you advice.  And remember, no win – no fee agreements come with a 5 day cooling off period for extra peace of mind.