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Gym & Workout Injury claims

Carter Capner Law handles claims for serious Gym & Workout injuries caused or contributed to by the negligent management of the workout floor, reckless training methods, defects to the premises and defective fitness equipment.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.

Do you have a potential Gym or workout injury claim?

Make an enquiry

What do you do if you were injured at the gym?

Health & fitness activity is an important daily or weekly activity for most people. Its equally important that it be conducted in a safe environment by suitably qualified experts who only direct participants to do tasks at loads and number of repetitions they can safely perform.

Because fitness activity requires stress to the body, there’s always a risk of overdoing it and even of injury.

When caused or contributed to by inadequate control of participants, reckless training methods, defects to the premises and defective fitness equipment, compensation may be available for a serious injury that results.

Fortunately fitness centres and personal trainers carry liability insurance that pays an injured customer if they have legal liability for the event that caused the accident.

Businesses and their and insurers often claim liability immunity for injuries arising from the “obvious risks” of Dangerous Recreational Activities. And you may have signed an injury liability waiver.

To get you through the hoops and over the hurdles that will confront you in a claim for recreational injury compensation, you need advice from an experienced recreational injury lawyer with knowledge of the fitness business and the legal obstacles that will be put in your way to prevent a successful claim.

You have the right to get the best outcome for you and your family by choosing a law firm with decades of experience in recreational injuries and the intricate legal issues that apply.

Call or email today to get expert advice from the recreational accident experts at Carter Capner Law.

1

Schedule your free initial consultation

At our initial consultation, we can give you more information about the claim process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

We will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the accident and subsequent to it.

At the same time, we will also collect employment and income records so that a complete before and after pictures can be painted.

3

Get Independent Medical Specialists' opinions

Once we obtain all relevant medical records, including reports from your treating doctors, we will get an independent medical expert opinion as to the extent of your injury.

From those reports, we will formulate how the Rental Property Accident has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, we will then lodge your insurance claim where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.

5

Attendance at informal settlement meeting

We will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.

6

Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your claim has not been resolved at this stage, we will file proceedings in court to help you get the compensation to which you are entitled according to law.

I was injured in a gym or workout activity. Can I claim for compensation?

To claim for injuries sustained in a gym or workout area, you will need to prove that the operator was negligent and that your injury meets the relevant threshold to warrant compensation.

If you are injured at a gym or workout area:

  • Report the accident as well as your injury to a staff member immediately. Make sure that you make a list of all the relevant details in a notepad immediately so you don’t forget any crucial details later on.
  • Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
  • Record the details of any of the witnesses to the accident.
  • Seek appropriate medical attention for your injuries. If the injury is serious it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
  • Keep all receipts of any medical or out-of-expenses that relate to the accident.

If you are unsure where to start, contact our expert recreational lawyers who will give you advice.

Am I entitled to compensation if I was injured due to another participant at the gym?

Possibly. Bodily contact to which you have not impliedly consented to by your participation in the activity might be an assault in respect of which you have an entitlement to damages to the extent of any resulting injury.

I was injured due to the negligence of my personal trainer. Am I entitled to compensation?

It is commonly acknowledged that a trainer has a duty to take reasonable precautions to ensure that the training regime is designed to mitigate harm. A breach of ‘duty of care’ can be established if:

  • The trainer breached their ‘duty of care’ owed to you by failing to take precautions in preventing harm or injury.
  • The trainer deviated from recommended training methods having regard to you fitness level and ability.
  • The injuries were caused due to the trainer’s breach of duty as above.

It’s crucial to talk to a recreational injury lawyer about what your best options are for your situation whether the negligence was due to your supervisor, the recreation facility, or both.

I was injured after business hours when the gym was not staffed. Am I entitled to compensation?

If you were injured after business hours in a 24-hour gym and were seeking compensation, it depends on how you received the injuries. Generally speaking, if you misused the gym equipment, you’re ‘at fault.’

However, if you have been injured due to faulty equipment, the gym may be ‘at-fault’ due to their negligence in maintaining proper use of the equipment or failing to place warning signs such as ‘out of use’ on the equipment.

What’s my chance of a successful recreational injury claim?

Every situation is different. We need to carefully consider:

  • how the accident occurred;
  • whether any element of the design or construction fell below reasonably acceptable standards;
  • how and when the owner or property manager was made aware of the defect;
  • whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

How much insurance or compensation will I receive for a recreational injury?

It all depends on the success of your claim, the quality of your evidence and the case you make out.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

As is the case in other situations, the right to claim damages for injury depends on the circumstances and the basic five elements must be proved:-

  • extent of duty owed;
  • breach of duty;
  • pre-existing health prior to the accident;
  • pre-accident lifestyle;
  • injury complained of has been caused by that breach.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

How can I increase my prospects of success?

It is crucial that you:

  • Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately so you don’t forget any crucial details later on.
  • Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
  • Record the details of any of the witnesses to the accident.
  • Seek appropriate medical attention for your injuries. If the injury is serious it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
  • Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced public liability lawyer who specialises in public liability claims can make the process easier, more efficient and more likely successful for you.

What are the fees for compensation claim for recreational accidents?

It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regards to your injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly.  Carter Capner Law offers a ‘no win no fee’ service in many cases.

Types of injuries that can occur while exercising at the gym?

Gym and workout injuries may arise from the negligent management of the workout floor, reckless training methods, defects to the premises and defective fitness equipment.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.

Fractures.

Shoulder injuries.

Shock, anxiety and depression.

The CCL method

Our recreational injury lawyers examine the circumstances of your case to determine whether you have valid legal grounds for filing a personal injury claim. After you have learned from your lawyer whether or not you have a valid claim, you can start the process:

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for Recreational Injury compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

Get in touch with us