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.
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
Average compensation payout for back injury 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.
