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:
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
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:
Our compensation lawyers can provide advice for the legal process and your rights.
There are several types of compensation claims for back injuries, just as there are different kinds of spinal trauma.
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:
you could claim Workcover compensation and make a motor vehicle accident claim through MAIC.
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.
You can claim compensation for a work back injury when someone else’s negligence caused you 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
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:
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.
The value of compensation for a serious back injury at work depends on several factors, including:
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.
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.
Lodging a claim for a back injury compensation payout follows a series of steps:
When filing claims for back injury compensation payouts, a successful outcome relies on documents supporting your loss.
These documents support a back injury compensation claim and help determine a successful outcome.
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:
QLD WorkCover: Once you lodge your claim, WorkCover will decide within 28 days. When approved, weekly payments typically begin within seven days.
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.
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:
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:
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.
Splatt Lawyers has a team of workers’ compensation lawyers in locations Queensland-wide.
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.
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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