Lifting Injury Compensation

Lifting and manual handing are by far the largest cause of workplace injuries in Australia each year. Around 17 per cent of serious workplace incidents involve lifting as the mechanism of injury. If a load is too heavy, too large, difficult to grasp, unstable or difficult to reach, it can place excessive strain on back muscles which are most frequently injured.

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Common lifting injuries

• Strains and sprains: tears in muscles, tendons and ligaments;
• Soft tissue injuries: damage to nerves, ligaments and tendons in arms, shoulders, neck or legs;
• Herniated or bulging disc: the soft centre of a spinal disc ruptures due to damage;
• Abdominal hernias: where internal tissue protrudes through a weakness in the abdominal wall;
• Repetitive strain injury: injuries caused by wear and tear, overuse and repetitive motions;
• Chronic pain: long term residual pain resulting from serious musculoskeletal injuries.

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Professions at risk of manual handling and lifting injuries

Professions at risk of sustaining injuries from manual handling include: carpenters, builders, concrete layers, brick layers, nursing home workers, ambulance officers, warehouse workers, landscapers, cleaners, assembly line workers and other tradespeople doing manual work.

Manual handling injury - can I claim compensation?

You may be able to claim compensation for an injury you sustained from lifting or manual handling if it was because of someone else’s negligence or carelessness, or if it developed over a period of time during the course of your employment. Negligence may arise in a variety of settings.

Lifting injury at work - can I claim compensation?

If you have suffered an injury while lifting at work, you may be able to claim workers compensation from your employer. Employers must provide proper and adequate means for employees to carry out their work. This includes:

• providing safe systems of work;
• maintaining safe machinery and equipment;
• maintaining a safe workplace; and
• providing employees with adequate facilities, training, supervision and instruction.

If you were injured because your employer neglected to provide safe systems of work, equipment or a safe environment, you may be able to sue for personal injury compensation. This includes injuries incurred over a long period of time, late onset injuries, and aggravations of pre-existing injuries.

Jeff’s employer requires him to lift 40kg bags of cement up onto pallets without any mechanical lifting device or assistance. Over a period of time, this causes Jeff to sustain a severe back strain and a prolapsed disc. Jeff can probably claim compensation from his employer for his injury, as the system of work his employer provided was unsafe. 

Rick is a warehouse worker. His employer has trained him on how to safely lift loads, and issued him with a safety harness belt to prevent injury. Rick refused to wear the safety belt as it was uncomfortable and as a result he sustained a herniated disc injury. Rick may not be able to claim compensation for his injuries as they were due to his own negligence. However, he could apply for Workers Compensation payments while he is off work.

See also: WorkCover Claims

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Potential long term impacts of lifting injuries

Strains and other soft tissue injuries generally resolve within a few weeks or months, however in severe cases they may take longer. This may lead to reduced physical activity, weight gain, loss of bone density, muscle strength and flexibility. 

For serious back injuries, recovery is generally between one and six months. Therapy may be required to strengthen spinal muscles and in some cases surgery may be needed to remove or repair a damaged disc. Long term complications can include loss of agility, strength or sensation in the inner thigh, back of the leg and around the rectum. In some cases, ongoing pain can lead to chronic pain syndrome, depression and anxiety.

I have a lifting injury - what can I claim for?

General damages 

General damages compensate you for the pain and suffering you have experienced as well as any permanent loss of enjoyment of life that results from your injury. They are calculated by reference to the ISV Scale which rates the seriousness of any injury between 1 and 100 and accords a monetary value range to that rating. 

For example an extreme lumbar spine injury resulting in gross limitation of movement has a rating of 36 to 60 corresponding to a monetary range of $81,560 to $169,700 whereas a minor lumbar spine injury such as a muscular strain may attract an ISV of between 0 to 4 and a monetary range of $0 to $5,560.

Medical costs

To diagnose and treat your injuries you may ned to consult your general practitioner, consult a specialist, obtain x-rays or MRIs, take pain medications and wear special medical apparatus. The expenses you incur to obtain medical treatment including costs of consultations, diagnostic scans, travel costs, medication and medical equipment may be claimed as compensation. You can also claim for medical costs you will incur in the future as a result of your injury.

Hospital and surgical costs

Surgery may be required to treat your injury. Surgical and hospital costs paid by you can be claimed as compensation as long as the surgery was necessary to treat your condition.

Rehabilitation costs

Rehabilitating after a lifting injury may involve physiotherapy, chiropractic treatments, acupuncture, home and vehicle modifications and ergonomic aids. Your reasonable costs of rehabilitation can be claimed back as compensation.

Loss of income and future earning capacity

If you suffer an injury you may need time off work for several weeks or months immediately after the incident. You can claim compensation for this lost income.

If your injury prevents you from working to the same extent as you did prior to the injury you may also be able to claim loss of future income earning capacity. Occupations that require manual labour, repeated bending and twisting, or sitting for long periods may be difficult or impossible for someone who has suffered a prior injury and their capacity to earn income in the future may be reduced. This is usually estimated as a lump sum figure based on the age of the person, their usual occupation and other skills.

Superannuation

Compensation can be claimed for superannuation that would have been paid on lost income.

Care & assistance

A severe injury may prevent you from being able to perform tasks such as personal care, cleaning, laundry, mowing your lawns, caring for the garden or other domestic chores. If you formerly performed these duties but are now unable to due to an injury you can claim compensation for care and assistance provided to you by friends, relatives or paid contractors. 

In Queensland there is a minimum threshold for this type of compensation.

Interest

Interest can generally be claimed on compensation for any out of pocket expenses that are incurred before your claim is resolved.

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How will my compensation be calculated?

In general terms, the amount of compensation is gauged by comparing what your life was like before the injury and what it is like now, as a result of the injury.

Someone whose injury has had a greater impact on their life will be entitled to more compensation than someone whose injury has had only minimal impact.

The amount of compensation payable for a lifting injury will vary greatly from case to case, depending on a variety of variables such as:

• the severity of the injury: more severe injuries will attract more compensation;
• the age of the patient: young people are likely to receive greater compensation than older people for a similar injury as it will impact their lifestyle and employment for a longer period of time;
• level of health prior to the incident: an active and healthy person may suffer more from an injury because they are unable to exercise the way they did prior to the accident and may become predisposed to mood disorders and other health conditions they may not have suffered were it not for their injury;
• pre-incident lifestyle: injured claimants who formerly engaged in activities they can no longer participate in may experience greater a impact from their injuries;
• occupation: greater compensation will be payable where a person’s ability to work in their former occupation is impacted severely by their injuries, for example, a labourer will suffer a greater loss as a result of a lifting injury than a person who works part-time in an office and will therefore receive greater compensation for their injury.

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How long do I have to start a lifting injury claim?

For most personal injury claims, a legal action must be commenced within 3 years of the date of the injury. If you miss this deadline, you will lose the right to claim compensation.

However, depending on where your injury occurred or who you are claiming against, specific pre-court procedures may apply which may have much shorter time limits. If you miss these time limits you may lose your right to claim unless you can provide good reason for delaying and why you should be allowed to proceed with your claim. 

Those aged under 18 will typically have until they are 21 to start the claims process.

In addition, getting accurate records such as CCTV or reliable witness statements for example may be difficult if starting a claim several years after the incident.

In summary, it’s best to seek expert legal advice as soon as possible to ensure you understand your rights and the required evidence to make a strong claim can be gathered. View time limit information article for more detail.

What to do if you have suffered a lifting injury

Depending on the nature of your injury and the circumstances which caused it, compensation may or may not be available. You should always seek expert legal help to see if you are able to make a claim.

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Strict time limits apply - seek legal advice ASAP - In most circumstances, the time limit to start a compensation claim is 3 years from the date of incident. Some processes need to be started much sooner. Seek expert legal advice ASAP. Call us on 1800 266 801 or start a live chat