6/2 Carson Road,
Malaga, WA 6090
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Common Back Injuries and Back Injury Claims
Common back issues
Back injuries usually start with a range of symptoms such as:
- An ongoing ache in the back or neck;
- Sharp pains down the arms (if injury to the neck or upper back);
- Sharp pains down the legs (if injury to the lower back);
- Sometimes loss of bladder or bowel control.
Common symptoms and GP diagnoses for back injury claims may include: mechanical lower back pain, lower back spasms, back muscle pain, lower back sprain, pinched nerve in lower back (nerve impingement), disc protrusions (which can explain back disc pain, herniated discs, spinal cord injuries.)
Back Injury Compensation Claims
Back injuries are very common in personal injury claims. In motor vehicle accidents injuries to the cervical spine (neck) and lumbar spine (lower back) occur due to whiplash. In work injury claims injuries can occur in a number of ways such as driving on uneven surfacing, heavy lifting, and repetitive motions.
Foyle Legal can help you to have your back injury at work assessed for the purposes of making a common law claim or receiving a workers compensation settlement.
There may be more than one back injury compensation claim options available for you. For instance a person who is in a work related not at fault car accident will have workers compensation rights and third party motor vehicle accident rights. If this is the situation you are in, it is important to be strategic and focus on optimising your compensation payouts. If you are unclear of about the best way to approach your injury compensation claim, please contact Foyle Legal for your no obligation consultation.
Actions to take when you have a back injury
When you have a back injury at work it is important to report it to your employer in writing at an early time and identify any witnesses. Delay in reporting an injury can result in accusations that your injury did not occur at work.
If you are claiming non fault accident injury compensation, be sure to seek expert legal advice. Remember it’s worth the travel for a good lawyer who can help in getting your back injury compensated fairly and quickly! Foyle Legal has been rated as one of Australia’s top personal Injury Lawyers by multiple publications over many years so their success rate speaks for itself when coming up with advice that fits everyone’s needs with minimal cost or risk.
Back Injury Compensation Payout Amounts
Back injury compensation calculators - they are not accurate!
Back injury compensation payouts vary largely from one person to another based on a large range of factors. The best way to get an accurate assessment is to attend a no obligation consultation with Foyle Legal. During your initial consultation, we will assess your back injury compensation payout amount as a whole, to ensure that you receive the most appropriate compensation for all your injuries and symptoms in addition to back injury.
Average Payout for Back Injury at Work
How much compensation for back injury at work? Compensation for back injury at work is often referred to as a WorkCover payout for back injuries. There is no published data available on average payout for back injury at work because it may difficult to provide a range without considering the specific circumstance of the injury and personal factors, however, there threshold amounts to limit the maximise amount an injured worker may get for back injury at work compensation.
In most cases, the threshold amount for no fault workers compensation claims prescribed by WorkCover WA amount (called the prescribed amount) for impairment of the back (thoracic spine or lumbar spine or both) is $171, 230, 000. The prescribed amount for both permeant impairment and weekly payout of compensation is $228, 307.00. Please note this prescribed amount is subject to annual adjustments.
There is no maximum amount for unlimited workers compensation common law claims if an injured person is found to have a whole person impairment of not less than 25%.
The average payout for car accident back injury
The average payout for car accident back injury guide is often not helpful and the amount varies wildly based on the nature or extent of the injury. In a back injury after car accident, the back injuries are often part of the symptoms together with whiplash injuries, or other injuries such as PTSD. It is not advisable to consider average settlement for car accident back injury alone. A good personal injury claim lawyer can advise you on the best way forward with your back injury compensation claim.
Compensation for Back injury at work
Compensation for Back injury at work - not as easy as you think!
When you claim an insurance payout for a back injury at a workplace in WA, it’s a complex process involving the workers compensation insurer and WorkCover WA as the regulatory authority for workers compensation in Western Australia. What is the workers comp payout for back injury is one of the most commonly asked questions following back injuries in the workplace. However, it’s not one with simple and straight forward answers. We have seen hundreds of injured workers who try to manage the claim by themselves, and only found themselves stressed and confused. If you are stressed about your back injury at work claim, give us a call now. It’s free to find out where you stand!
Back injury at work what to do?
I hurt my back at work what should I do? This is what you should do if you injured your back at work:
- Report the injury to your employer in writing
- Complete the Form 2B Claim form to make a workers compensation claim;
- See a doctor, explain your injury circumstances and symptoms fully and obtain a first medical certicicate.
- Give the first medical certificate and Form 2B Claim form to your employer in person or send it to their normal place of business by registered post;
- Call your employer (or otherwise contact them) to find out whether they have sent the workers compensation claim form to your employer’s insurer.
We have seen injured workers concerned that they may get fired if they make a workers compensation claim. This is very unusual and in most circumstances there is no need for injured workers to worry about this.
For more details, please check out this blog on back injury at work what to do.
Hurt my back at work what can I claim? Workcover payouts for back injuries
For workers comp back injury, you can claim loss of income, and statutory expenses which include medical expenses, accommodation expenses, travel expenses and rehabilitation expenses.
For workcover payouts for back injuries, the maximum amount that can be claimed for permanent incapacity is as follows:
- (a) Impairment of the back (thoracic spine or lumbar spine or both): $171,230.00
- (b) Impairment of the neck (including cervical spine): $125,569.00.
In most cases the maximum amount (called the prescribed amount) for permanent impairment and weekly payments of compensation is $228,307.00.
If you are formally represented by a workers compensation lawyer for your WorkCover claim, upon the settlement of your claim, the insurer often make contribution towards personal injury lawyer fees as part of the settlement.
Can I claim if I had a previous back injury?
In certain circumstances injured workers can make a claim if they have a previous back injury.
An injured worker will still be able to make a claim for an injury if the injury is the recurrence, aggravation, or acceleration of any pre-existing injury, disease, or conditions whereby the employment was a contributing factor to that recurrence, aggravation, or acceleration and contributed to a significant degree.
How to claim back injury compensation in common law claim?
Unlike the no fault workers compensation system, in a common law claim, you can sue your employer for your back injury, if you can prove workers comp negligence. To be qualify for a common law workers compensation claim, you must have a whole person impairment of not less than 15% and elect to pursue common law damages before the termination date. If you decide to pursue a workers compensation common law claim for your back injury, please be sure to discuss it with your lawyer first. It is not advisable to commence workers compensation common law claim without appropriate legal advice.
What is the average workers comp back injury settlement?
In a Statistical Note released by WorkCover WA in September 2018 regarding Musculoskeletal Disorder Claims, it stated that the average overall payment received by injured workers for a Musculoskeletal Disorder Claim was $42,917 and an average of 87 days were lost per Musculoskeletal Disorder Claim. It should be pointed out this includes Musculoskeletal Disorder Claim and is not specific to back injuries.
In Western Australia the average worker compensation payouts received are affected by the part of the body injured but there are also a range of factors which may affect your back injury at work compensation amount. You can’t use other people’s workers comp back injury settlement to accurately predict your compensation payout. Contact Foyle Legal for your no obligation consultation. We are here to protect your interests!
Compensation for back injury in car accident
Proof of negligence in back injury from car accident claims
Neck and back injury from car accident claims are very common. The biggest difference between compensation for back injury in car accident and compensation for back injury at work, is that you must prove negligence in car accident injury compensation claim.
Unlike back injury at work, back injury due to car accident is typically part of the overall symptoms. Therefore, back injury from car accident settlement should be considered as part of the overall compensation settlement.
Back Injury from Car Accident Symptoms
Back injury from car accident symptoms are variable depending on the severity of the accident and other factors. For a minor car accident, the immediate car accident symptoms may include:
- Sore back after car accident
- neck and back pain after car accident
- soft tissue damage in back after car accident
- lower back pain after car accident
- upper back pain after car accident
- middle back pain after car accident
Delayed back pain after car accidents is common. If your back hurts after a car accident, be sure to report all the symptoms to your doctors.
Not at Fault Car Accident Insurance Claim
All licensed vehicle carries a valid compulsory third party insurance (CTP insurance). If you are injured in a not at fault accident, you can claim injury compensation from the at fault driver’s CTP insurer, even if your own vehicle is un-insured. Check out this article for more details on CTP Insured Motor Vehicles Accident in Personal Injury Claims.
Back Pain after Car Accident What to do?
If you are suffering a back injury due to a car accident and intend do made a claim for back injury in a car accident. This is what you should do:
- Report the accident to the police in peron if possible
- Complete a crashreport form
- it’s critical to see a doctor and report all your back pain caused by the car accident, even it is a minor car accident.
- Keep good records of your back pain after car accident symptoms
- Be proactive about your back injury treatment
- Follow the advise of your doctor and lawyer
How much compensation for back injury car accident?
There is no one size fits all formula to accurately determine how much for back injury in car accident. It is personalised. Instead of searching articles online and get confused, call Foyle Legal for your obligation free back injury compensation claim assessment. We will discuss your personalised plan with you.
Foyle Legal Provides Legal Services to all of WA
What suburbs in Perth does Foyle Legal provide legal representation to?
Looking for best personal injury & workers compensation lawyers near me in Perth? Foyle Legal provides legal presentation to Workcover claims, workplace injury claims, work accident claims, accident injury claims, and all personal injuries clients all over Perth. It includes but not limited to north of river, south of the river, Perth city areas, eastern suburbs, western suburbs and Fremantle areas.
North of the river – Northern Suburbs
Ballajura – Bassendean – Bayswater – Beechboro – Carine – Carramar – Clarkson – Connolly – Currambine – Dianella – Doubleview – Duncraig – Eden Hill – Edgewater – Embleton – Glendalough- Greenwood – Gwelup – Heathridge – Hillarys – Inglewood – Innaloo – Joondalup – Kallaroo – Karrinyup – Kingsley – Landsdale – Maida Vale – Malaga – Marangaroo – Mindarie – Mindarie Keys- Morley – Mullaloo – Munster – North Beach – Osborne Park – Padbury – Scarborough – Shenton Park – Sorrento – Trigg – Tuart Hill – Wanneroo – Warwick – Waterman – Wembley Downs – Woodlands – Woodvale – Yanchep
South of the River – Southern Suburbs
Alfred Cove – Applecross – Ardross – Attadale – Bateman – Beaconsfield – Beeliar – Bentley – Bibra Lake – Bicton – Booragoon – Bullcreek – Canning Bridge – Canning Vale – Cannington – Casuarina- Cockburn – Como – Coogee – East Victoria Park – Forrestdale – Gosnells – Jandakot – Karawara – Kelmscott – Kwinana – Melville – Mount Pleasant – Palmyra – Shelley – Spearwood – Success – Wattle Grove – Welshpool – Willetton – Wilson – Winthrop
Perth Inner City
Burswood – CBD/Northbridge – East Perth – Highgate – Leederville – Maylands – Mount Hawthorn- Mount Lawley – North Perth – South Perth – Subiaco – Victoria Park – West Leederville – West Perth – CBD – Kings Park – Northbridge – Perth
Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale
Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley
East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle
Does Foyle Legal provide Legal Representation to surrounding areas of Perth?
Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.
Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo
North Coast & Valleys
Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge
Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra
Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong
Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman
Does Foyle Legal provide legal service to clients in Regional WA?
Yes, we service all of WA, including remote or regional areas of Western Australia.
Caiguna – Cocklebiddy – Madura – Mundrabilla – Esperance – Woody Island – Goldfields – Balladonia – Boulder – Broad Arrow – Coolgardie – Cue – Gwalia – Kalgoorlie – Kalgoorlie-Boulder – Kambalda – Kookynie – Laverton – Leonora – Menzies – Murchison – Norseman – Warburton – Hopetoun – Munglinup – Ravensthorpe – Wheatbelt – Bolgart – Broomehill – Caballing – Corrigin – Gnowangerup – Holleton – Hyden – Kulin – Lake Grace – Lake Yealering – Merredin – Mullewa – Narembeen – Narrogin – Nungarin – Wagin – Wandering – Watheroo – Williams – Coral Coast – Cervantes to Dongara – Badgingarra – Cervantes – Dongara – Eneabba – Green Head – Jurien – Leeman – Mingenew – Port Denison – Coral Bay – Exmouth – Ningaloo Reef – Abrolhos Islands – Carnamah – Geraldton – Greenough – Northampton – Kalbarri – Port Gregory – Carnarvon – Denham – Monkey Mia – Shark Bay – North West – The Kimberley – Broome Peninsula – Broome – Cable Beach – Roebuck – Dampier Peninsula – East Kimberley – Halls Creek – Kununurra – Lake Argyle – Warmun – Wyndham – West Kimberley – Derby – Fitzroy Crossing – The Pilbara – Karijini -Pilbara Coast – Dampier – Karratha – Onslow – Point Samson – Port Hedland – Roebourne – South Hedland – Thevenard Island – Wickham – Pilbara Outback – Marble Bar – Newman – Pilbara – South West – Blackwood River Valley – Balingup Area – Balingup – Mullalyup – Boyup Brook Area – Boyup Brook – Bridgetown / Greenbushes Area – Bridgetown – Greenbushes – Nannup Area – Jalbarragup – Nannup – Geographe / Bunbury – Bunbury Area – Australind – Bunbury – Eaton – Collie River Valley Area – Collie River Valley – Donnybrook / Capel – Capel – Donnybrook – Glen Mervyn – Kirup – Peppermint Grove Beach – Ferguson Valley Area – Dardanup – Ferguson Valley – Wellington Mill – Wellington Mills via Dardanup – Harvey Area – Binningup – Cookernup – Harvey – Myalup – Preston Beach – Yarloop – Great Southern – Albany Coast – Albany – Big Grove – Bornholm – Emu Point – Little Grove – Middleton Beach – Redmond – Robinson – Bremer Bay Coast – Bremer Bay – Denmark Coast – Bow Bridge – Denmark – Golden Hill – Hazelvale – Kentdale – Nornalup – Frankland River – Frankland – Kojonup – Mount Barker / Porongurup – Amelup – Cranbrook – East Porongurup – Kendenup – Manypeaks – Mount Barker – Narrikup – Porongurup – Margaret River – Busselton/Vasse – Broadwater – Busselton – Geographe – Vasse – Dunsborough/Yallingup – Bunker Bay – Cape Naturaliste – Carbunup – Carbunup River – Dunsborough – Eagle Bay – Marybrook – Naturaliste – Quedjinup – Quindalup – Yallingup – Margaret River Central – Forest Grove – Forest Grove via Margaret River – Gnarabup – Gnarabup Beach – Karridale – Margaret Region – Margaret River – Prevelly Park – Rosa Glen – Margaret River North – Chapman Hill – Cowaramup – Gracetown – Metricup – Wilyabrup – Witchcliffe – Yelverton – Margaret River South – Augusta – Kudardup – Southern Forests – Manjimup Area – Donnelly River – Manjimup – Nyamup – Quinninup – Northcliffe Area – Pemberton Area – Pemberton – West Pemberton – Walpole Area – North Walpole – Walpole