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Back Injury Compensation Claims

Online Inquiry

Posted on

November 26, 2021

by

Motor Accident Compensation, Public Liability, Workers Compensation
medical assessment for a back injury

A back injury can lead to a variety of damages affecting the back’s bones, joints, connective tissue, muscles, and nerves. These injuries can happen in different ways; however, compensation claims are made depending on how the injury occurred. For example, you can claim compensation for back injury in a car accident, workplace accidents, in a public property, or due to the negligence of a health provider. Depending on how you were injured, you may be entitled to claim compensation for your back injury.

back injury

According to Safe Work Australia, back pain injuries consist of 18% of all workplace injuries. Work-related back injuries are most commonly caused by bodily tension such as strains when lifting, repeated motions, and postures. They might arise as a consequence of a single traumatic occurrence or as a result of recurrent actions or duties that build up weakness or damage in the afflicted area over time. Muscular strains, torn ligaments, nerve damage, herniated disks, and broken vertebrae are the most frequent lower back ailments.

Whatever your situation is, our team of personal injury lawyers can help you go through a compensation claim for your back injury. We will be working on behalf of you so that you can receive maximum compensation and focus on your recovery.

What can I claim?

Compensation for back injury at work

Back injuries arise generally at or in the course of employment; if you are injured during the course of employment, you may be entitled to

  • Medical expenses – healthcare expenses related to your injury
  • Weekly payments – based on your average income before the injury
  • Lump sum claim – if your physical permanent impairment meets the 11% permanent impairment threshold. For psychological injuries, if your permanent impairment meets the 15% permanent impairment threshold. The permanent impairment threshold is 0% for exempt workers.
  • Domestic assistance – if your permanent impairment meets the 15% threshold.
  • Common law/work injury damages payout – if your employer was negligent and your permanent impairment meets the 15% threshold..

Compensation for back injury after car accident

If you suffered a back injury due to a car accident, you may be entitled to:

  • Medical expenses – healthcare expenses related to your injury
  • Weekly payments – based on your average income before the injury
  • Lump sum payout to take into account your future economic loss – if your injury is non-minor and you are mostly not at fault
  • Lump sum payment for your pain and suffering – if your injuries are greater than 10% permanent impairment threshold and you are mostly not at fault

TPD Superannuation compensation

Regardless of where your back injury occurred, you may be entitled to receive TPD payments that typically range:

  • $70,000 and $200,000 for elderly adults.
  • $200,000 and $800,000 for younger adults.
  • Go up to $2,000,000 in some cases.

Superannuation benefits are not connected to workplace or motor accident compensation, and they can be claimed separately. Access our TPD calculator.

You may also be eligible to claim compensation if you are injured at a public place. Please read our page below for further information regarding your entitlements. In some cases you could be entitled from the one injury to make a slip, trip and fall injury claim in addition to a workers compensation claim. Read more about Slip, Trip and Fall Injury Claims

Calculate your compensation claim
office worker back injury

Average compensation payout for back injury in Australia

average payout for back injury at work in Australia

Back injuries are complicated in general, and the financial remuneration you may get is determined by a number of factors, including the severity of the injury and your benefits under the applicable compensation scheme, such as Motor Vehicle Injury Compensation and Workers Compensation.

You may be able to claim expenses for medical and hospital care including treatment and rehabilitation, compensation for wage, and superannuation loss, moreover, if the accident caused a permanent impairment, a lump sum payout will also be claimed. According to Safe Work Australia and our estimations, the average worth back injuries are $100,000.

Please understand that every claim is different and your unique circumstances are different. However rest assured that we will be acting on your behalf with your best interests in mind and with a view to claim maximum compensation for you. If we do not believe your claim has reasonable prospects of success or is not commercially viable we are upfront and will inform you our reasons and advise you on your best possible options as soon as possible.

How long does it take?

The length of time it takes to settle a back injury compensation claim is determined by a variety of factors, including how long it takes for your injuries to heal and the complexity of your case. Generally, back injury claims take 1,5 – 2 years but our team will be able to advise you approximately when your compensation claim will most likely resolve once we have a better understanding of your case, 

Experienced personal injury lawyers

Our experienced personal injury lawyers work on a No Win No Fee basis and we can assist you to get the highest back injury compensation payout possible. Our teams are located in NSW and WA, fill out the form below or reach us on 1800 952 898.

Call Now 1800 952 898

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Categories

  • Blog
  • Medical Negligence
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Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

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Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
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Kristy W

Read More
The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
Previous
Next

*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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