Compensation for a Back Injury at Work: How to Prove Your Case
PK Simpson
PK Simpson
Introduction
Suffering a back injury at work or in an accident can lead to severe, debilitating pain and despair. Proving your case for compensation is vital, and PK Simpson has the experience to guide you through this complex process.
You may incur many losses from a back injury at work, including wages, a normal lifestyle and physical restriction, as well as pain and suffering.
Making Worker’s Compensation claims can often be stressful, and proving the extent of your back injury and the losses you’ve incurred can add to your pain.
Table of Contents
- How to Prove Your Workplace Back Injury
- How Do I Start My Workers’ Comp Back Injury Claim?
- Detailed Information on Back Injury Claims
- Your Workers’ Compensation Payments and Benefits
- Does the Insurer Automatically Pay?
- When Insurers Break Compensation Law
- What is a Lump Sum Workers Compensation Payment?
- What is a Workers Compensation Back Injury Worth?
- How Much Lump Sum Compensation Should I Receive?
How to Prove Your Workplace Back Injury
Document everything
Suppose you’ve injured your back at work and need to make a Workers’ Compensation claim. In that case, the first thing to remember is to “document everything”. The more evidence you have, the better to help prove your case. If possible, get photographs of your injuries or your inability to stand or walk. Photograph the exact place your back injury occurred and write down exactly how it happened.
Get witness info
Also, anyone who suffers a back injury or other work related injuries should get witness names and addresses if possible. As mentioned above, make sure you notify your employer that you have suffered an injury to your back at work. It is against the law for an employer to ignore or not notify their Workers Compensation insurance company of your back injury.
Follow professional advice and keep appointments
The next thing is to make sure you keep your doctor’s, physio’s or therapist’s appointments and follow their advice on treatments. Make sure they know your appointment is for your compensation case and that they record your progress or lack thereof. Always take the advice of your medical professionals and lawyers.
Get the Best Professional Help
At PK Simpson, we take on all the stress of your back injury claim so you can relax. We know the right doctors who can properly assess your injury and level of impairment. We can help you get the proper treatment and ensure your workplace injury medical records are kept correctly for use in your claim. Our expert lawyers can help you prove the extent of your back injury case to ensure you qualify for the maximum lump sum compensation and benefits you deserve.
How Do I Start My Workers’ Comp Back Injury Claim?
If you’ve suffered a back injury while at work, the first steps are seeking medical treatment and reporting the accident or incident to your employer. Then call PK Simpson expert personal injury lawyers to help you get your compensation claims process started.
There are time limits, so the sooner you do this, the better. Make sure your doctor is aware that you have injured your back at work so he can include it in your medical records.
Be aware that under Workers’ Compensation Legislation, your employer has certain obligations. Under section 275 of the NSW Workplace Injury Management and Workers Compensation Act 1998, your employer’s relevant Insurer must begin medical expenses and weekly benefits payments within seven days once you’ve lodged a Workers’ Compensation claim.
Detailed Information on Back Injury Claims
- Provide your employer with a NSW State Insurance Regulatory Authority (SIRA) Certificate of Capacity showing you are not fit or are partially not fit to work due to your back injury.
- Your employer is legally obliged to notify the Workers Compensation Insurer within 48 hours of your claim and provide a copy of the SIRA Certificate of Capacity.
Read More: Your Guide to Back Injury Compensation
Your Workers’ Compensation Payments and Benefits
- Weekly payments as compensation for total or partial incapacity to work
- Expenses for medical and hospital treatments that are reasonably necessary
- Lump-sum Workers’ Compensation for a certain level of impairment
- Funeral expenses and claims for dependency
- Weekly compensation for lost wages
- Medical expenses up to $7,500
Does the Insurer Automatically Pay?
- Insufficient information
- You are not an employee
- You refused to release information
- The injury is not work-related
- The injury was reported more than two months later
When Insurers Break Compensation Law
If you find yourself in this situation, you’re one step ahead if you have PK Simpson compensation lawyers on your side. The law requires insurers to start provisional payments within seven days.
What is a Lump Sum Workers Compensation Payment?
If you have sustained a permanent back injury at work, you may be eligible for a lump sum payment. This does not replace medical expenses or weekly benefits.
What is a Workers Compensation Back Injury Worth?
Your injury will be assessed using SIRA guidelines. You must have greater than 10 per cent WPI to qualify and 15 per cent for psychological injuries.
How Much Lump Sum Compensation Should I Receive?
Lump sum payments typically range from $30,000 to $60,000, but can be higher depending on the severity of your back injury.
For legal help, call 1300 757 467 or email [email protected].