Back and
Neck Injury

How do I make a claim for a Neck or Back Injury at work?

In the event of a cervical or lumbar injury, commonly including those with lower vertebrae, or lower back muscle pain – it is essential to initiate the process by seeking an evaluation from a GP for an accurate diagnosis and assessment of the injury.

Under the Workcover scheme, you must notify your employer of your back injury within 30 days of becoming aware of the injury.

At Zaparas Lawyers, we see the vast effects of work injuries every day, enabling us to understand the stress and confusion arising alongside the troubles of prohibitive back and neck injuries, soreness, and spasms. 16% of Australians suffer from back and neck-related problems, with lumbar spinal conditions becoming the most evident for those over 20.  As a result, we recognise the problems you may be experiencing and are here to help you navigate what can be a complicated process to initiate.

What claims are available for neck and back injuries at work?

Several injuries to the back and neck, encompassing spinal pain, bulging disks and dislocated disks may entitle you to reimbursement for medical expenses and compensation for lost wages.

Should it be determined, by a doctor that the injury you incurred carries a permanent impairment rating of 11% or higher, you can qualify for a lump-sum payment for permanent impairment.

All these claims are considered to be no-fault, meaning that it does not have to be proven that you did not cause the injury, the sole fact you suffered an injury during work is sufficient to be eligible for the claims.

Compensation can similarly arise from pain and suffering you are subject to, which is not just limited to a physical aspect, but extends to mental and psychological ramifications.  

What do I need to show to be eligible for compensation?

To be eligible for compensation for a back or neck injury from Workcover, you first need to be considered an employee. However, in order to satisfy this – it must be shown that over the last 12 months, you have received at least 80% of your income by working for a particular company.

In addition, it is vital to know that in order to attain compensation for a loss of wages in addition to medical expenses such as treatment for back pain, it is required to attain a certificate of capacity. This is done through lodging this certificate to your employer, who then has 14 days to complete it and send it to their insurer.

If you are unfortunate enough to be injured at work in a way that has affected your back/neck, you may be entitled to a form of compensation. It is important to act fast, as often stern time limits may apply, so it is vital that you contact us for legal advice promptly.