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 and where the injury occurred.
You can claim compensation for a back injury in a car accident, public property, or due to a workplace injury or the negligence of a health provider. Depending on the nature of your injury, 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 that can be subject to Workers Compensation. 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 experienced personal injury lawyers can help you go through a compensation claim for your back injury. We will be working on your behalf in claiming a maximum payout based on your claim for your back injury so you can focus on your recovery.
What can I claim?
You can find three common examples below:
Compensation for back injury at work
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, the permanent impairment threshold is 15%. Note: The permanent impairment threshold is greater than 0% for exempt workers.Read more about 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 claim for back injury
TPD claims can be claimed separately and in addition to any other claim you may be eligible for, regardless of the injury or condition type. You may be entitled to claim a TPD payment that typically range between $40,000 and up to $350,000 depending on the insurance policy. Typically, TPD claims are paid over $100,000.
Reach our TPD Lawyers to calculate your compensation payout for your back injury.
Apart from the three examples above, you may also be eligible to claim compensation if you are injured at a public place for a slip, trip and fall injury claim.
Please access our Public Liability Lawyers pages for further information regarding your entitlements.
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.
I suffered a back injury; how can I make a back injury claim?
Firstly, we recommend you contact our personal injury lawyers for a free claim check to ensure you are informed in regards to the legal steps that need to be followed.
If you become our client, we will:
Carefully listening to your situation and making sure you actually understand your entitlements and how to claim them.
Obtaining relevant documents to support your claim and maximise your compensation entitlements.
Negotiating with the other side to settle or resolve your claim for the best result whilst keeping you informed and updated.
What are the time limits for back injury claims?
If your back injury is caused due to a work-related accident, the time limit to submit a Work Injury Claim Form is 6 months from the date of the injury. You will receive a response from the insurer within 7 days after you submitted the Work Injury Claim Form.
If you sustained a back or any other injury at work more than 6 months ago, please reach our personal injury lawyers as you still may be able to start your claim depending on the circumstances.
If your injuries are agreed or determined as being 15% whole person impairment or greater, the time limit is 3 years to commence court proceedings for a work injury damages claim to receive a payout instead of benefits.
Unfortunately, a lot of Aussies are out of time due to not having legal representation. If you are worried that you are out of time or not aware of the time limits, please call us on 1800 952 901 to discuss your options and to get information as to your eligibility and how we can still move your claim forward, depending on your unique circumstances.
When is the best time to contact a personal injury lawyer for my back injury?
You can consult our personal injury lawyers at any point in your injury compensation claim process.
Our experienced personal injury lawyers will walk you through the legal process and help you to maximise your back injury compensation benefits and potential lump sum payout.
How long do back injury claims take?
The length of time it takes to settle a back injury compensation claim is generally determined by how long it takes for your injuries to heal.
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. Generally, back injury claims take 1,5 – 2 years. Want to know when you should your personal injury claim before contacting us? Click here.
Do I need to pay upfront to make a back injury claim?
No, you do not need to pay upfront to make a claim for your back injury if you decide to work with Withstand Lawyers.
Our personal injury lawyers operate on a No Win No Fee basis, meaning that you do not pay until the successful completion of the claim. For workers compensation matters our legal costs are paid for by the Independent Review Office (IRO) which means our costs are not deducted from your settlement monies and you are not liable for our costs.
Who is an exempt worker and what is the difference?
In NSW, police officers, paramedics and firefighters are considered as exempt workers. The advantage of being an exempt worker is that their lump sum claim threshold is greater than 0% while it starts from 11% for non-exempt workers.
The other advantage for exempt workers is that they are not limited to claim wages for the same period that non-exempt workers are, being the 260 weeks limit unless your injuries are assessed at greater than 20% whole person impairment.
Have a look at our exempt workers page for more information.
What are the most common causes of back injuries?
Back injuries include damage to nerves, spine, and muscles around that area. Such injuries mostly occur due to repetitive movement, heavy lifting, falling objects, trips & falls, traffic accidents, being overweight, and poor posture.
Reach our experienced back 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 952 901 to contact our personal injury lawyers in Perth or Sydney.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
