Herniated and bulging disc injuries directly affect the vertebra and lower back; such serious injuries can limit the injured person’s work and daily life significantly. An incident or degeneration can cause these injuries; regardless of how you are injured, you may be entitled to claim compensation for your herniated or bulging disc injury.
According to Safe Work Australia, herniated and bulging disc injuries are one of the most common back injuries. They can arise due to lifting and repeated motions at work, in a motor vehicle accident or slip and fall. Given that these injuries may occur in different ways, compensation claims are made depending on where and how the injury occurred.
Our team of personal injury lawyers can walk you through your bulging and herniated disc compensation claim process and help you receive the maximum payout for your injuries.
Is herniated disc a permanent disability in Australia?
A herniated disc is a medical condition that causes widespread pain, and limited range of motion or motor function. The injury can be considered as a permanent disability depending on the level of it. Depending how the injury occurred, you could either make a Workers Compensation Claim, Car Accident Injury Claim, TPD Claim, Public Liability or Medical Negligence claim.
This guide will help you understand what type of compensation claims your injury falls within and what entitlements are within those claim types.
I’ve had a bulging (herniated) disc injury, what can I claim?
If you’ve been injured at or in the course of work, you can claim workers compensation benefits as follows:
Injuries at work
Medical Expenses
Healthcare expenses related to your injuries such as physiotherapy and medical equipment
Weekly payments
Based on your average income before the injury
Lump sum claim
Awardable if your physical permanent impairment is at least 11% permanent impairment.
Domestic assistance
Awardable your permanent impairment is at least 15% permanent impairment.
Common law/work injury damages payout
Awardable if your employer was negligent and your permanent impairment is at least 15%.
If you’ve been injured in a car, as a cyclist, on a motorbike, in a truck, or as a pedestrian or as a result of a motor vehicle accident you can claim:
Compensation for back injury in car accident
Medical Expenses
Healthcare expenses related to your injuries such as physiotherapy and medical equipment
Weekly payments
Based on your average income before the injury
Future economic loss lump sum payment
Awardable if your injury is non-minor and you are mostly not at fault
Pain and suffering lump sum payout
Awardable if your injuries are non-minor and you are mostly not at fault
Herniated disc – Permanent disability
If your herniated disc injury is preventing you from working in any occupation that you are suited by education, training or experience, you may be entitled to make a TPD claim through your superannuation fund. Its not the account balance in your superfund, but rather, total and permanent disability insurance that may be within your policy. Most people don’t know that they could be eligible to claim.
Depending on your superannuation policy, You could claim:
A total and Permanent Disability payout, which is on average anywhere between $50,000 – $350,000.
Income protection benefits of up to 95% of your average pay for a period of about 2-5 years, depending on the details of your income protection cover.
Our TPD lawyers can advise you during our free claim check. We will find out more about your injury and circumstances and inform you whether you could be eligible to make a TPD claim or not during our free claim check.
You may also be eligible to claim compensation if you are injured at a public place such as slip and fall or due to medical negligence.
How do I make a compensation claim for my herniated disc injury?
Depending on how your injury occurred, we can inform you what benefits you are entitled to and how to claim them. Call us on 1800 952 901 or fill out the form to talk to one of our personal injury lawyers. Alternatively, please see below guide on how to get the claims process started, depending on how you sustained your herniated disc injury.
Injured in the course of work ?
Work injury compensation steps
Step 1 – Contact your employer and report the injury.
Step 2 – Seek medical treatment and request your GP complete the Certificate of Capacity. That document will include your capacity to work according to your GP which the insurer uses to identify your capacity to work and adjust your weekly payments accordingly.
Step 3 – Complete a Work Injury Claim Form and lodge as soon as possible. There is a time limit to lodge a work injury claim form on your employer.
Injuried as a result of a motor vehicle?
Motor vehicle accident compensation steps
Step 1 – Report the motor vehicle accident within 28 days and note the event number. Motor vehicle accidents include car, motorcycle, truck, forklift and pedestrian accidents.
Step 2 – Seek your doctor’s opinion and request them to complete a Certificate of Capacity.
Step 3 – Complete the Personal Injury Benefits form.
Step 4 – Submit the Personal Injury Benefits form to the motor vehicle’s greenslip insurer. You must send it within 28 days if you are claiming statutory benefits for past loss of wages; if not, the time limit is 3 months.
Step 5 – Reach an experienced motor vehicle accident lawyer to know whether you are eligible to claim a lump sum payment which you may be entitled to in addition to the statutory benefits; the time limit is 3 years.
How much compensation can I get for a herniated and bulging disc injury?
Herniated and bulging disc injuries are complicated in general, and the financial remuneration you get is determined by a number of factors, including the severity of the injury and your benefits under the applicable compensation scheme, at it is mentioned here.
The term “compensation” covers expenses for medical and hospital care, loss of wage, and a lump sum payment if the accident caused permanent impairment. According to Safe Work Australia, the average worth of fall, trips and slips, and body stressing injuries are $100,000.
It is important to know that every claim and individual is different and the compensation may be different.
What are the time limits?
The time limits differ depending on the compensation claim that you are entitled to. In NSW, workers compensation claims should be lodged within 6 months after the injury is discovered. Also, if you need to file in the Personal Injury Comission or commence court proceedings, 3 years is the time limit from the date of the injury.
It is important to know what you are entitled to and start the legal process right after the accident to receive maximum entitlements as soon as possible.
You can reach our personal injury lawyers for free advice about your bulging (herniated) disc injury.
How long does the process take?
The length of time for any compensation claim is dependant on your injury, whether it has been considered to have reached maximum medical improvement, to allow for an assessment. It is determined by a variety of factors, including how long it takes for your injuries to heal, liability, position of the insurer and the complexity of your claim.
Generally speaking, a workers compensation claim takes 1.5 years, but this duration can vary.
Our experienced personal injury lawyers will have a better answer once we understand your specific situation as it really differs from claim to claim! Clearly, we want to achieve you the best result in the most efficient period of time without compromising on your claim and ensuring we take everything necessary to take into account to ensure your claim is not under settled.
Check out our blog here on when you should settle your personal injury claim to understand what needs to be considered before resolving your personal injury claim!
Which occupations carry the highest risk?
A bulging or herniated disc injury can happen in any occupation however some occupations carry a higher risk than others. These professions include:
Construction workers
Spinal injuries, occur due to bending, twisting, and lifting heavy items, which are generally construction worker duties.
Truck and taxi drivers
The combination of sitting for an extended period and poor posture can cause various spinal injurie, including bulging or herniated disc
Healthcare workers
Healthcare workers do move, lift,, stand for long periods,push patients around on wheelchairs and stretchers all of which increase the likelihood sustaining spinal injuries, including bulging or herniated discs.
Warehouse workers
Similar to construction workers, bending, lifting and twisting heavy materials and repetitive movements are common causes of bulging disc or herniated disc injuries.
When should I contact a compensation lawyer?
The best answer is as soon as possible given that strict time limtis apply. Most of the time we are told I wish I contacted you earlier.
Our personal injury lawyers will inform you of the type of claim that applies to your injury and will guide on what compensation entitlements you need to claim and how.
Contact Withstand Lawyers to know where you stand!
Our experienced personal injury lawyers work on a No Win No Fee basis and we can assist you to get the highest herniated and bulging disc injury compensation payout possible. You wont regret it.
Our teams are located throughout NSW & WA; please fill out the form below or reach us on 1800 952 901.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
