Back Injury at Work: Compensation Claim Payout Guide

In Queensland, you may be eligible to make an injury compensation claim when you suffer a back injury at work due to the negligence of others. A workplace back injury can happen in many circumstances, including:

  • A sudden fall or impact
  • An equipment accident
  • By lifting, pulling, bending, pushing and  twisting
  • Sitting incorrectly at your desk for extended periods

Workers’ compensation payouts offer financial support for medical treatment expenses and lost wages. However, some believe that making a back injury claim means getting all their entitlements. For several reasons, a work-related spinal injury claim can be denied and not achieve an injury settlement.

If you are considering eligibility for a workers’ compensation claim or questioning your benefits, view our guide to compensation for a back injury at work.

Splatt Lawyers provides legal advice on a 100% no-win, no-fee basis. It’s free to know where you stand. Call 1800 700 125

Your Right to Make a Workers Compensation Claim for a Workplace Back Injury

You may have the legal right to make a workers’ compensation claim for a work-related back or spinal cord injury.

Under Queensland Work Health and Safety Legislation, all employers are legally responsible for taking reasonable steps to protect their employees’ health and safety. Hence, when they breach their duty, and you suffer a loss, you can seek fair compensation. Queensland’s personal injury law framework includes the following:

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Types of Back Injury Compensation Claims

There are several types of compensation claims for back injuries, just as there are different kinds of spinal trauma.

Workers Compensation Claims

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When you have an approved QLD WorkCover Claim for a serious back injury sustained at work, you can access workers’ compensation, such as weekly payments and funding for medical bills and rehabilitation. Additionally, you can claim WorkCover injury payouts for permanent impairment.

You could claim a permanent impairment payout when assessed with a permanent disability by an approved specialist doctor.

This lump sum payment helps people suffering from a work-related injury recover financially.

If you suffered a back injury in a motor vehicle accident either:

  1. Travelling to or from work
  2. Or when travelling for work purposes

you could claim Workcover compensation and make a motor vehicle accident claim through MAIC.

More about car accident claims

When your employer’s negligence causes harm, you could have an approved common law claim and receive an injury lump sum payout. A damages settlement relies on proving someone was negligent, which means they failed to exercise due care, taking reasonable steps to ensure your safety.

Non-work-related back injuries sustained in a slip and fall accident typically result in public liability claims. Successful back injury payouts rely on proving the venue or property owner or operator owed you a duty of care and that their negligence caused your loss.

Total and Permanent Disability (TPD) claims are a type of back injury payout for those whose medical condition prevents them from working again in their usual occupation.

The main factor for a successful TPD claim is your inability to work; hence, how you acquired your condition is irrelevant.

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Can I Claim a Workers' Compensation Payout for a Back Injury at Work?

You can claim compensation for a work back injury when someone else’s negligence caused you harm.

  • Even if you were partly at fault, you could still receive a lump sum payout.
  • For WorkCover weekly benefits, there is no need to prove who was liable for your harm.

The workers’ compensation process for a physical injury or related psychological trauma is complex. Which is why impacted people have the right to seek advice from a personal injury lawyer experienced in back injury compensation cases. They can provide step-by-step guidance for the workplace accident legal process and explain how to receive a fair back injury settlement.

Splatt Lawyers can provide free advice regarding your situation. Call 1800 700 125

Defining Back Injuries

A back injury is typically defined as any injury or damage to the spinal column or the muscles, tendons, nerves, and ligaments supporting this crucial body region. Spinal trauma often happens in:

  1. Motor vehicle accidents
  2. Trips and falls
  3. Heavy or awkward lifting
  4. Repetitive motion
  5. And insufficient support when sitting behind a desk for long periods.
  • If you suffer spinal damage from a work accident caused by negligence, you could have a successful personal injury claim
  • People with a permanent impairment could be entitled to a one-time lump sum payment
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Prevalence of Back Injuries in Australia

According to the Australian Bureau of Statistics, about 16% of Australians suffer from back problems, with spinal conditions being more prevalent in people over 24.

Additionally, those with back problems are 2.5 times more likely to report experiencing significant emotional distress.

How Much Compensation for a Back Injury at Work?

The value of compensation for a serious back injury at work depends on several factors, including:

  1. Injury severity: the extent of physical impairment, associated psychological injury, and how much it impacts your life.
  2. Pain and Suffering damages: how much your spinal damage impacts the quality of life.
  3. Medical Expenses: all medical treatment costs are covered.
  4. Lost Wages: compensation for past and future lost income and superannuation.
  5. Cost of Care: home care costs to maintain your daily life
  6. Medical Aids: the cost of medical equipment like a wheelchair, crutches, or other disability aids.
  7. Modifications: the cost of home or motor vehicle modifications to accommodate your condition.

Every case is unique, and the value of a lump sum compensation payout depends on your specific circumstances and the available evidence supporting your claim.

How work injury claims are calculated

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Average WorkCover Back Injury Payout

According to Queensland workers’ compensation statistics for 2022-23, the average payout for back injuries was approximately $21,471 for a back sprain or strain.

However, depending on the extent of the injury and how it affects your ability to work, a workers’ comp settlement for a common law claim has an average payout of $188,794.

How to File a Claim for a Back Injury Compensation Payout

Lodging a claim for a back injury compensation payout follows a series of steps:

  1. Gather the required documents to establish your injury, the level of harm, and its impact.
  2. Seek legal advice from experienced personal injury lawyers. They will advise you on your claim eligibility and the recommended next steps for a fair back injury payout.
  3. Ensure you meet your time limit, know the statute of limitations relevant to your circumstances, and take swift action. 

Evidence Required to File a Back Injury Claim

When filing claims for back injury compensation payouts, a successful outcome relies on documents supporting your loss. 

  1. WorkCover claim form: This essential document starts the injury claim process, providing details of the injury, including the time, date, and place of the workplace incident.
  2. Medical reports and assessments: Doctors and specialists provide evidence of your spine damage.
  3. Work accident report: The document lodged with your employer regarding the injury event.
  4. Witness statements: Statements from others who witnessed the accident or have other relevant information.
  5. Proof of loss of income: Documents that prove financial loss and lost income

These documents support a back injury compensation claim and help determine a successful outcome.

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How Long Does It Take to Get a Back Injury Payout?

The time to receive a back injury compensation payout depends on the claim type and injury severity. To know yours, seek legal advice. Below are some approximate timeframes:

  1. QLD WorkCover: Once you lodge your claim, WorkCover will decide within 28 days. When approved, weekly payments typically begin within seven days.

  2. Permanent Impairment Payout: A specialist doctor will evaluate your level of impairment. This evaluation can only be completed once your injuries have become stable, which means there is no further deterioration. Typically, back injuries require a prolonged stabilisation period, so your claim will be more extended.

  3. Common Law Payout: The average time for a successful common law settlement is 12 to 18 months, with a serious injury case taking several years.

Generally, factors determining the time for a lump sum damages payout include:

  • If there was more than one negligent party
  • How difficult it is to establish a duty of care breach.
  • The severity of mental and physical injuries
  • How much does the insurance company defend the claim? Insurers usually strenuously defend larger settlements, making the process longer.
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Common Causes of Back Injuries at Work

Unfortunately, back injuries in the workplace are common and can have serious, life-changing outcomes for workers. Some frequent sources of back pain for injured workers include the following:

  1. Back Strains and Sprains: In Queensland, strains, sprains and dislocations are the leading sources of back trauma, primarily triggered by the nature of tasks performed.
  2. Workplace Slip and Fall Accidents: Workplace slip and fall accidents can be highly hazardous, resulting in fractures, dislocations, or spinal cord injuries. More about slip and fall accidents >
  3. Repetitive Strain Injuries: Repetitive strain injuries (RSI) are an increasingly common cause of back pain in the workplace. More about repetitive strain injuries >
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Workers Compensation Lawyers for Back Injury Claims

If you are living with a work-related back injury, you could have the right to seek compensation for employer negligence. An expert personal injury lawyer can simplify QLD compensation laws and explain your rights regarding back injury claims.

Splatt Lawyers provides accident compensation claim advice with 100% no win, no fee legal funding. Pay legal costs and fees when you win,and zero if you lose. Our workers’ compensation lawyers can explain your legal options and the claims process. It’s free to know where you stand. Call 1800 700 125.

Back Injury Compensation Claim FAQs

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What is the time limit for a back injury workers' compensation claim?

 

As for other types of workers’ compensation claims in Queensland, you have six months from the accident date to lodge a work injury damages claim.

You must notify your employer immediately if you suffer a back injury at work. Alternatively, you can inform your immediate manager. This action will protect you from further harm and could remove a potential hazard for your co-workers.

Most Australian workplaces have an accident register to record injury events. This register ensures all incident details are communicated to the relevant parties, contributing to a safer work environment.

  1. First, seek medical advice for your injuries, including a treatment plan and a work capacity certificate, when making a WorkCover claim.
  2. Next, ensure you report the accident to your HR department or your boss, including any potential safety risks.
  3. Finally, you can contact an expert workers’ compensation lawyer to understand your right to seek financial compensation.

You can seek legal advice from a Brisbane personal injury lawyer for a work-related back injury claim, but it is not compulsory.

An experienced lawyer can develop an effective legal strategy for your circumstances, ensuring all documents are correctly completed and lodged.

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