Back and Spine Injury Lawyers NSW

Unfortunately, back injuries are an all-too-frequent occurrence in a wide variety of workplaces. While the majority of our claims come from manual handling roles, we also have experience with injuries in office settings and administrative clients.

What can I claim for a back injury at work?

Your entitlements under workers compensation in NSW depend on the severity of your injury and its impact on your ability to work. This includes:

Medical Expenses

These are the medical costs associated with treating your injury

• GP and Specialist visits
• Tests and Images – such as MRI and CT scans
• Therapies – such as Physiotherapy
• Surgery – spinal fusion, disc replacement, etc
• Medication and pain management programs

Permanent Impairment Lump Sum

If your back injury has stabilised but left you with a permanent disability, you may be eligible for a tax-free lump sum payment. Eligibility is based on your Whole Person Impairment (WPI) rating:

• Physical injuries: You generally need a WPI assessment of 11% or above.
• Psychological injuries: You generally need a WPI assessment of 15% or above.

Learn more about the WPI assesment with our guide.

Work Injury Damages (WID)

A Work Injury Damages claim is a common law claim that provides a settlement for past and future economic loss (lost wages and superannuation). This is often where the most significant compensation lies.

• Eligibility: You must have a WPI of 15% or above AND be able to prove that your injury was caused by employer negligence.

• How it works: If you can prove negligence, you may be entitled to further payouts beyond the standard statutory benefits.

What types of back injuries can I claim for?

Our team at Garling and Co has experience in securing compensation for a wide range of back injuries. These injuries include:

Lower back strains and sprains

• These occur when the muscles and ligaments of the lower back are stretched and even torn. We have seen instances when workers are in roles that require them to lift items and or twist in an awkward position. Examples of this are warehouse and retail workers. Office workers with poor posture and a non-ergonomic office set-up can also experience this with ongoing strain on the lumbar spine.

Herniated or “Slipped” Discs

Occur when the cushioning disc between the vertebra ruptures and presses on the spinal nerves. For our clients who suffered from this condition, the onset occurred with heavy lifting and again from cumulative strain over several years.

Lumbar Radiculopathy and Sciatica

Are nerve pain radiating from the lower back and travelling down the leg. Recovery from this condition is lengthy, and there can be flare-ups, making returning to previous duties more difficult.

Fractures

Are less common, but we have acted for clients in construction and warehouse work with significant spinal fractures, caused by falls and crush incidents. These can also result in substantial permanent impairment and reduced long-term mobility.

Chronic Pain Syndromes

The back is complex, and after the physical injuries have healed, many of our clients are left with ongoing debilitating pain that limits their ability to work, leisure activities and frequently causes psychological illnesses.

What should I do if I’ve injured my back at work?

If you have injured your back at work, under the NSW Workers Compensation scheme, you must follow the list below to ensure the best result for your back injury claim.

1. Report the injury – even if you think it is minor. Reporting the injury means your employer needs to advise their workers’ compensation insurer, and your injury will be on record. Delayed notifications can be harder to prove, particularly if there is a psychological element.
2. See your doctor immediately – Your GP can provide you with a certificate of capacity for both physical and psychological injuries. You must explain exactly how you are feeling, particularly if your injury is impacting you emotionally, such as feelings of depression or anxiety.
3. Be mindful of Secondary Injuries – Ensure your GP is aware if and when they develop. Again, these can be both physical or emotional.
   Physically, they are caused by the way you use your body to accommodate the back injury, such as long-term use of your left side, because the right side causes radiating back pain.
   Psychologically, Chronic pain can lead to insomnia or anxiety, and a traumatic event, such as a fall, can leave you with PTSD, where you may suffer from nightmares and migraines.
4. Keep Records – of the impact of your injury on your life, as well as notes from any meetings you attend with your employer and records of doctors’ visits and treatments, such as physiotherapy.
5. Understand your full entitlements – such as Weekly payments, Medical expenses, Lump sum compensation and Work Injury Damages claims.
6. Get specialist legal help – You should be represented by an Accredited Specialist in personal injury law to ensure you achieve the best result.

Why Choose Garling & Co as Your Back and Spine Injury Lawyers?

Construction workers are particularly vulnerable to back injuries due to being asked to lift weighty materials, often without any assistance, which can cause serious back injuries leading to lifelong problems and an inability to earn enough income to support themselves or their families.

At Garling and Co, every claim is handled by an Accredited Specialist in Personal Injury Law. That means you are represented by one of the best lawyers in the field, recognised by their peers and trusted clients to deliver results. Your specialist will lead a meticulous investigation, gather evidence and build a strong argument, leaving no stone unturned to ensure the right outcome is achieved.

Our client was working as a labourer when he was asked to move a piece of steel weighing 60kg. It was an awkward lift, and he suffered a severe low back injury. We made a workers’ compensation claim for him. His WPI was assessed at 27%, and we managed to resolve a complex claim for work injury damages alleging his employer was negligent for failing to devise a safe method of lifting the steel. He received a large lump sum in the hundreds of thousands to cover his future loss of income. This is an example of the work we do to help our clients regain some financial control over their future.

Rest assured, we’ll be by your side from day one to the day the case is won. Our job is about more than compensation; it’s about delivering the financial relief you need to recover, reset and reclaim your life.

Please get in touch with us today to book a free consultation with our accredited specialist personal injury lawyers and find out how we can help you.