A back injury can have a lasting impact on your life, affecting your ability to work, move freely, and enjoy daily activities. Whether your injury occurred in a workplace accident, a car crash, or a slip and fall, you may be entitled to back injury compensation payouts in Australia. Understanding how compensation works and what factors influence the payout amount can make all the difference in your recovery journey.
In this guide, we’ll explore what back injury compensation covers, the average payout for a back injury at work in Australia, and how to determine if you’re eligible for a claim. Whether you’re dealing with long-term pain or considering your legal options, it’s important to know your rights and the steps to take after a back injury.
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What Is Considered a Back Injury for Compensation Purposes?
According to Safe Work Australia, back pain injuries account for 18% of all workplace injuries that can lead to Workers’ Compensation claims. These injuries are often caused by strain or overexertion due to lifting heavy objects, repetitive motions, or poor posture. Back injuries in the workplace can result from a single traumatic event or develop gradually due to repetitive stress on the back.
Common workplace back injuries include:
- Muscle strains
- Torn ligaments
- Nerve damage
- Herniated discs
- Fractured vertebrae
No matter the cause, if your back injury occurred while performing work duties, you may be entitled to Workers’ Compensation for medical expenses, lost wages, and other damages.
Common Causes of Back Injuries Leading To Compensation
Back injuries can happen in various ways, and compensation is available for many types of incidents. Some of the most common causes include:
- Work-Related Back Injuries: Heavy lifting, repetitive movements, or poor ergonomics can cause significant back injuries, leading to workers’ compensation claims.
- Motor Vehicle Accidents (Car, Truck, Motorcycle): Accidents on the road are a leading cause of severe back injuries, often resulting in whiplash, spinal damage, or herniated discs.
- Slips, Trips, and Falls: Whether in a public space, at work, or in a private home, falls are a common cause of back injuries that may qualify for compensation.
- Sports Injuries: High-impact sports or activities can lead to significant back damage, often making athletes or participants eligible for compensation.
In each of these cases, it is important to prove that negligence or unsafe conditions contributed to your injury.
Types of Back Injury Compensation Claims and their Entitlements
If you sustained a back injury at work, you may be entitled to compensation. Our lawyers can help you claim:
- Medical expenses: Covering all healthcare-related costs due to your back injury.
- Weekly payments: Based on your pre-injury average income.
- Domestic assistance: If your permanent impairment reaches 15% or more, you may also claim compensation for assistance needed at home.
- Common law/work injury damages payout: If your employer was negligent and your permanent impairment is 15% or more.
- Lump sum claim – if your physical permanent impairment meets the 11% permanent impairment threshold. or 15% for psychological injuries.
Note: The permanent impairment threshold is greater than 0% for exempt workers.
Learn more about exempt workers.
If you sustained a back injury in a motor vehicle accident, you may be entitled to compensation. Our lawyers can help you claim:
- Medical expenses: Covering healthcare costs for your injury.
- Weekly payments: Based on your pre-accident income.
- Lump sum payout for future economic loss: Available if your injury is classified as non-minor, and you are mostly not at fault.
- Lump sum payment for pain and suffering: If your injuries exceed a 10% permanent impairment threshold, and you are mostly not at fault.
If your back injury occurred in a public place, such as a slip, trip, or fall, you may also be entitled to compensation through a public liability claim. Our team can assist you with the legal process and advise on your entitlements.
Contact our Public Liability Lawyers for further information about your back injury compensation claim.
If you were working at the time of your back injury, you may be eligle to make a Total and Permanent Disability (TPD) claim through your superannuation fund.
A Total and Permanent Disability (TPD) claim can be made if your back injury prevents you from returning to work. TPD claims are separate claims, and can be made in addition to other compensation claims.
TPD claims are typically between $40,000 and $350,000, depending on your insurance policy, with most payouts exceeding $100,000.
Our TPD lawyers can help you calculate and pursue the maximum payout for your back injury.
Average Payout for a Back Injury at Work in Australia
Back injuries can be complex, and the compensation you may receive depends on several factors, including the severity of the injury and the specific compensation scheme you are eligible for, such as Motor Vehicle Injury Compensation or Workers’ Compensation.
The average payout for a back injury at work in Australia is typically around $100,000, based on estimates from Safe Work Australia and our internal data. However, compensation amounts can vary depending on the severity of the injury and the specific circumstances of the case. Each situation is different, and our team is here to help you pursue the maximum compensation you may be entitled to.
You may be able to claim compensation for:
- Medical and hospital care: Including treatment, rehabilitation, and therapy.
- Wage and superannuation loss: If your injury prevents you from working.
- Lump sum payout: For permanent impairment due to your injury.
How Can I Make a Back Injury Compensation Claim?
The best way to make a successful back injury compensation claim is to contact an experienced team of compensation lawyers.
At Withstand Lawyers, we will:
Carefully listen to your situation and making sure you actually understand your entitlements and how to claim them.
Obtain relevant documents to support your claim and maximise your compensation entitlements
Negotiate with the other side to settle or resolve your claim for the best outcome, keeping you informed and updated throughout the process
What Are The Time Limits For Back Injury Claims?
If your back injury occurred in the workplace, you must submit a Work Injury Claim Form within six months of the incident. Once submitted, the insurer has seven days to respond. If more than six months have passed since your injury, you may still be able to file a claim, depending on the circumstances.
If your injury is assessed as 15% or more in whole person impairment, you have up to three years to start court proceedings for a work injury damages claim, which may result in a payout instead of ongoing benefits.
Unfortunately, many Australians miss out on compensation due to not knowing the time limits or failing to seek legal advice. If you are unsure about the time limits for your claim, contact us at 1800 952 901 to discuss your case and explore your options.
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 depends largely on the severity of your injury and how long it takes for you to heal. Each case is unique, and the duration can vary based on several factors, including the complexity of the injury, medical treatment timelines, and the negotiation process with insurers.
Our experienced team will provide a more precise estimate of how long your claim might take to resolve once we have a clear understanding of your case. On average, back injury claims typically take between 1.5 to 2 years to reach a settlement.
Curious about when you should file your personal injury claim? Click here to learn more.
Do I Need to Pay Upfront to Make a Back Injury Claim?
You don’t need to pay any upfront fees to make a claim for back injury compensation with Withstand Lawyers.We operate on a No Win, No Fee basis, meaning you won’t pay until your claim is successfully resolved.
In workers’ compensation matters, our legal costs are covered by the Independent Review Office (IRO), so no costs are deducted from your settlement, and you aren’t liable for any fees.
Exempt Workers and Back Injury Compensation
In NSW, police officers, paramedics, and firefighters are considered exempt workers, giving them certain advantages when filing claims.
Unlike non-exempt workers, exempt workers can file for a lump sum claim with any degree of permanent impairment, whereas non-exempt workers must meet an 11% threshold. Exempt workers are also not subject to the 260-week limit for claiming wages, which applies to non-exempt workers unless their impairment is assessed at over 20%.
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.
Fill out our “FREE Initial Consulation” form 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
