Back Injury at Work – Compensation Guide
We understand how stressful and confusing workers compensation and figuring out what you’re entitled to after a back injury can be. At WT Compensation Lawyers, we want to give you the resources needed to secure fair compensation and rebuild your life.
Back injuries are a leading cause of workplace pain and suffering in Australia, impacting thousands of workers each year. This Safe Work Australia report reveals that trunk and back pain were some of the most common types of compensated work-related musculoskeletal disorder (MSD) in Australia, making up 45% of injuries.
Understanding Back Injuries at Work
| Causes | Notes |
|---|---|
| Lifting heavy objects | This accounts for 30% of workplace back injuries, which highlights the importance of proper lifting techniques and using assistive equipment. |
| Repetitive motions | Activities like bending, twisting, or reaching repeatedly can strain the back over time. Implementing ergonomic workstations and regular stretching breaks can help. |
| Poor posture | You may develop poor posture because of your work. However, maintaining good posture while sitting, standing, and lifting reduces the risk of injury. |
Early Intervention is Key
- If you get medical attention quickly after noticing back pain, this can speed up your diagnosis, treatment, and recovery. Early intervention minimises the risk of long-term complications.
- Report work-related back injuries to your employer and WorkCover to ensure that you receive proper medical care and access to compensation. (Safe Work Australia)
Pain and Suffering Due to Back Injuries
- Back injuries can have a significant emotional and psychological impact, and can cause anxiety, depression, and stress.
- Compensation for pain and suffering acknowledges this emotional damage and helps individuals manage the financial burden associated with recovery.
How to Make a Back Injury Claim
To make a back injury claim, you’ll need to visit a doctor to get medical attention and a medical certificate (work capacity certificate). Then you’ll need to report your injury to your employer. We’d also suggest getting legal advice as soon as possible because workers compensation claims have strict time limits.
Step 1: Get a Consultation
At WT Compensation Lawyers, we recognise that filing a work injury claim can be overwhelming. We also understand the physical and emotional impact that workplace injuries can have. That’s why we offer a free, compassionate consultation to discuss your situation and explore your legal options.
During this consultation, we’ll need to collect important information about your back injury, including when and how the injury happened. WorkCover will need these details when you file your claim, so we’ll help you get all your ducks in a row. Contact us to begin your journey towards fair compensation.
Step 2: Collect Evidence
Our team will help you gather medical reports, witness statements, and other relevant documentation to strengthen your claim. WT Compensation Lawyers will guide you through this process and assess your case based on tangible evidence.
Step 3: Assess Your Claim
You won’t need to do anything at this stage. This is when we’ll assess your case and review the specific details and strengths of your claim. Moreover, we’ll be able to evaluate the potential legal outcome of your case. We’ll also use this assessment to develop a legal strategy and approach for your case.
Step 4: Submit Your Claim
We’ll help you complete the forms and lodge your WorkCover claim online. WorkCover will then investigate and assess your claim and supporting documents. WorkCover will contact you if they need further documents or information related to your case.
Step 5: Negotiations and Settlement
Based on your situation and evaluation of your claim, we will negotiate with the opposing (or at-fault) party or file a lawsuit against them if necessary. Our objective is to reach the best outcome possible, whether through a settlement or a court ruling. Notably, proceeding to court for workers compensation or WorkCover claims is very rare.
Step 6: Compensation Payout
If your claim is successful, you’ll receive compensation for your medical expenses, lost wages, and more. If someone else’s negligence caused your injury, you’ll also be able to pursue a common law claim, which will compensate you for pain and suffering.
Payouts vary depending on how severe an injury is, the impact on your ability to work, and how much medical treatment you need. Your lawyers understand the various compensation avenues, including common law claims, and they will empower you to make informed decisions.
Why Legal Expertise Matters
At WT Compensation Lawyers, we offer invaluable support throughout your claim. We will navigate the legal complexities, negotiate on your behalf, and fight for a fair settlement that reflects your injury’s impact.
Even if at fault, you may have a right to compensation. Start your claims check:
🔒 FREE CLAIMS CHECK TAKES 2 MINUTES
What is WorkCover Back Injury Compensation?
Suffering a back injury at work can be debilitating and financially stressful. Thankfully, Australian workers have WorkCover, a compensation scheme that provides financial support if you’re injured on the job.
What does WorkCover pay for?
WorkCover can cover your medical expenses, lost wages, and permanent impairment benefits if your back injury is related to your work. This includes costs associated with diagnosis, treatment, rehabilitation, and assistive devices.
WorkCover will also compensate your lost wages with payments (weekly compensation), as well as any travel costs related to treatment for your injury. Moreover, WorkCover provides death benefits and covers funeral costs if necessary.
What’s covered under permanent impairment?
If your back injury leaves long-lasting effects, you may be eligible for a lump sum payout based on the severity of your impairment. A medical professional will assess your situation and calculate the injury or any permanent impairment using a specific formula.
How Much Are Back Injury Compensation Payouts in Australia?
Generally, back injury payouts will depend on how severe your injury is. Using data from WorkSafe Queensland on Dominant Injury Items and General Damages, we’ve summarised the amount of compensation you can expect to receive below.
| Item Number | WCR Code | Dominant Injury Description | Range of Injury Scale Value (ISV) | Range of General Damages Awarded in AUD |
|---|---|---|---|---|
| 89 | 08900 | Extreme thoracic or lumbar spine injury | 36 –60 | $98,495 to $204,950 |
| 90 | 09000 | Serious thoracic or lumbar spine injury | 16 – 35 | $32,965 to $94,430 |
| 91 | 09100 | Moderate thoracic or lumbar spine injury – fracture, disc prolapse or nerve root compression or damage | 5 – 15 | $8,350 to $30,270 |
| 92 | 09200 | Moderate thoracic or lumbar spine injury – soft tissue injury | 5 – 10 | $8,350 to $18,470 |
| 93 | 09300 | Minor thoracic or lumbar spine injury | 0 – 4 | $0 to $6,675 |
Disclaimer:These compensation estimates are based on WorkSafe Queensland data and should not be construed as legal advice. Please consult with WT Compensation Lawyers for personalised guidance based on your specific situation. We’re here to take some of the weight off your shoulders by guiding you with expert legal advice and support.
Returning to Work After a Work-Related Back Injury
Returning to work after a back injury will require a gradual and personalised approach. You should work with healthcare professionals and rehabilitation specialists to ensure a safe and successful transition back to your duties.
Back Injury at Work FAQs
After a work-related back injury, you can claim several expenses related to your recovery and well-being such as medical expenses, lost wages, and permanent impairment. Remember that the specific expenses you can claim depend on your individual situation and the laws in your province.
While not mandatory, seeking legal advice for a work-related back injury can be highly beneficial. Work injury claims can involve legal procedures and complexities you might not be familiar with. A lawyer can guide you through the process and help you meet all deadlines and requirements.
Moreover, lawyers understand the factors influencing compensation and can help you gather evidence and build a strong case to maximise your rightful payout. If your claim is initially denied, your personal injury lawyer can assist you with appeals and ensure your rights are protected throughout the process.
If your work-related back injury claim is initially denied, don’t give up. Each WorkCover authority has a process for reviewing denied claims. This involves providing additional information or clarification to justify your claim.
A mediator can facilitate a discussion between you and your employer or WorkCover to reach a mutual agreement. If mediation fails, you can appeal the decision with a tribunal, which will make a final judgement based on the evidence presented.
Contact Us
When it’s time to talk, we’re not just lawyers – we’re compassionate listeners. Join us for your free consultation, and let’s take the first step together towards securing the compensation you rightfully deserve.
What our clients say
Even if at fault, you may have a right to compensation. Start your claims check:
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Jono, Sinny and everyone at WT Compensation Lawyers are the best car accident lawyers in Brisbane I’ve come across. The genuine care, compassion and human kindness they show to their clients is clear from the very first moment you speak to them. I cannot recommend them enough to anyone in need of a personal injury lawyer and would not hesitate at all to refer any of my family or friends. Thank you guys always for all your great work.
I highly recommend Jono, Sinau and the entire team at WT as personal injury lawyers for anyone in Brisbane looking for the best representation. Jono is a step above other lawyers, both in knowing his craft but also in the way he treats his clients like one of his own family. From the very first moment I met him, he has treated me with respect, kindness and compassion and I am glad to say we have become good friends. WT are genuine and very good people who want nothing more than to do the best thing by their clients so THANK YOU for all that you do.
Life changing. Seriously. I would highly recommend Jono without any hesitation to anyone in Brisbane looking for the best car accident lawyer. The word grateful doesn’t even begin to express how I feel after having Jono look after me after my car accident claim. He has single handedly changed my life and has given me an opportunity to move on with a bright future after some of the toughest times after my accident. I previously used a big personal injury firm, one that has ads on tv and big marketing budgets for an old work accident and the experience isn’t comparable at all. Care, empathy, compassion, kindness and always had time for me, no matter what time of day/night or how silly my question was. Jono always made me feel like I was important and always kept me updated with everything that was going on. I only wish I had used WT for my old work accident. My result I got far exceeded my expectations and is only a testament to the great personal injury lawyer that Jono is. If you’re still looking for a car accident lawyer just seriously stop and give Jono a call. You will not regret it.
I can’t thank Jono enough for his outstanding work after my motorcycle accident. His dedication, expertise, and genuine care made all the difference in my case and surprisingly turned a horrific situation into a positive one for me. From day one, he took the time to understand my situation, became a very real pillar of support for me, and kept me informed every step of the way. Jono’s strategic approach and relentless advocacy got me a life changing outcome beyond my expectations. If you’re searching for the best personal injury lawyer in Brisbane who truly goes above and beyond, Jono is your go-to guy. He’s also a great bloke which I’m sure is clear to everyone who has the pleasure of crossing paths with him. I’m so grateful for his expertise, support and friendship and writing this review is just a very small way of me thanking him for changing my life.
Sinau and the team at WT Compensation Lawyers have been nothing short of amazing. From the beginning, they made me feel comfortable with the process and were so easy to contact. Sinau was very professional and always calling me to keep me updated with my claim. He would always go out of his way to make sure my family and I were okay which I am really grateful for. His kind words and professional advice during a dark time in my life was the glimmer of hope that I needed to keep going. I will always be recommending Sinau and the team at WT to my friends and family, as I truly believe they are the best WorkCover lawyers in Brisbane. From the bottom of my heart, thank you for looking out for your Pasifika people Sinau. It is rare that we see people like you who genuinely care for our community and for that I thank you.