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      What is a back injury claim?

      A back injury can drastically change your life, making it difficult to work, care for your family, or handle daily tasks. If you’re one of the 16% of Australians living with back pain, a back injury claim can provide essential support.

      Over the years, we have successfully handled hundreds of back injury claims for our clients. Some of the most common include:

      These are just a few types of cases we’ve worked on over the years. If you’re dealing with a back injury, reach out to us today. Our expert lawyers offer free consultations to evaluate your case and determine how much compensation you could receive.

      Start your free online claim check

      Find out if you’re eligible for a back injury claim today.

      Check your claim nowIt only takes 2 minutes.

      What back injuries qualify for a claim?

      Any back injury caused by a road accident, workplace incident, or someone else’s negligence may be eligible for a claim. This also covers cases where an existing injury is worsened by the incident.

      Common back injuries that can qualify for compensation include:

      • Strains and sprains.
      • Fractured vertebrae.
      • Herniated discs (also known as slipped, ruptured or bulging discs).
      • Spinal stenosis (narrowing of spaces within your spinal canal).
      • Neck pain.
      • Muscle spasms.
      • Ankylosing spondylitis (arthritis in your back).
      • Scoliosis (sideways curvature of the spine).

      This is not an exhaustive list — nearly any back injury could be eligible for compensation. If you’re uncertain about your eligibility, reach out to us today.

      Common causes of back injuries

      Back injuries can result from various accidents or activities, including:

      • Repeatedly lifting and carrying heavy objects.
      • Sitting on non-ergonomic seats.
      • Slips, trips, and falls.
      • Recreational activities and sports.
      • Workplace accidents caused by unsafe conditions.
      • Incorrect physiotherapy or chiropractic treatment.
      • Falls from heights.
      • Surgical errors.
      • Improper health advice.
      • Motor vehicle accidents.

      After leaving her first lawyer, Anastasia finally got justice

      Anastasia suffered severe neck and lower back injuries in a car crash, leading to surgery, permanent scarring, and crippling psychological issues. Unable to return to work and struggling with medical expenses, she came to us after her previous claim stalled.

      Recognising the gravity of her situation, we promptly filed a claim with her insurer and secured temporary payments within two months. We also ensured coverage for her extensive surgeries. We then used medical reports and independent expert evaluations to negotiate Anastasia a $900,000 settlement plus legal costs. She was deeply grateful for the outcome, knowing she could meet future medical or financial needs.

      Read Anastasia’s full story

      Starting your back injury claim in 3 steps

      If you’ve developed a back injury, follow these steps to secure the medical and financial support you need:

      See your GP or another healthcare professional to diagnose your back injury and recommend treatment. They can refer you to a specialist and provide a medical certificate, which is essential evidence for your claim.

      Keep a detailed record of your symptoms, their impact on your daily life, and any related incidents. This information is crucial for supporting your claim.

      Reach out to a lawyer who specialises in back injury claims. They can clarify your rights, guide you through the claims process, and estimate your potential compensation. Your lawyer will also gather medical evidence, secure witness statements, and negotiate with insurers to achieve the best possible outcome.

      How much compensation will I get?

      The amount of compensation for a back injury claim can vary widely based on several factors, including:

      • The type of claim you are making.
      • The severity of your injuries and how they affect your daily life.
      • Your pre-injury income.
      • Your ability to work after the injury.
      • Your age.
      • The specific laws in your state.

      For less severe injuries with a short recovery period, you might receive weekly payments for lost wages and medical expenses. However, because back injuries often require extensive treatment and can significantly affect your ability to work, you’ll likely receive a lump sum.

      Below, we explain how compensation is calculated for the most common back injury claims.

      If your back injury happened because of work, you may be entitled to three main types of compensation:

      Basic workers compensation entitlements

      All workers compensation claims typically include:

      • Weekly payments covering lost wages (up to 95% of your pre-injury income).
      • Coverage for medical and hospital expenses.
      • Access to rehabilitation, support services and counselling,
      • Reimbursement for travel costs between treatments.

      Lump sum payments

      If your back injury is permanent, you might be eligible for an additional lump sum payment under workers’ compensation.

      In most states, the amount you receive depends on your Whole Person Impairment (WPI), which is the percentage of total impairment from your injury. Generally, you’ll need to meet a minimum threshold to qualify for a lump sum payment.

      For more information on lump sum payments and the specific requirements in your state, see our guide to workers compensation claims for permanent impairment.

      Common law damages

      If your employer’s negligence caused your back injury, you may be eligible for a common law damages claim.

      These claims can result in substantial lump sum payouts, often reaching hundreds of thousands or even millions of dollars. In addition to basic workers compensation benefits, common law damages may also cover:

      • Future lost earnings and superannuation.
      • Ongoing medical expenses, treatment, and rehabilitation costs.
      • Pain and suffering, i.e. the injury’s impact on your mental health and quality of life (in some states)

      The compensation you receive is based on the severity of your injury and its effect on your life.

      Depending on your situation, you may qualify for:

      • Lost income and superannuation: compensation for lost earnings, both now and in the future.
      • Care and support: coverage for professional care, support from family or friends, and assistance if you can no longer care for a dependent.
      • Pain and suffering: compensation for the physical and emotional impact of your injury.
      • Additional costs: reimbursement for medical expenses, travel, and modifications to your home or vehicle.

      For more information on your potential compensation, check out our complete guide to public liability compensation.

      Compensation for a motor accident claim varies based on your state, the severity of your injury, and whether you were at fault in the accident.

      Your compensation may include:

      • Lost income: reimbursement for income lost due to your back injury. If someone else’s negligence caused your injury, you could also receive future lost income.
      • Pain and suffering: compensation for the physical and emotional impact of your injury.
      • Care and support: costs for professional care, support from family and friends, and compensation if you can no longer care for a dependent.
      • Additional costs: medical expenses, travel costs, and modifications to your home or vehicle. If another party was at fault, you might also have a claim for future medical expenses.

      For more details on potential compensation amounts, consult our comprehensive guide on motor accident claims.

      Compensation for medical negligence claims can vary widely based on the specifics of your case. At the lower end, some claims are settled for between $100,000 and $200,000; at the higher end, they can exceed $10 million.

      Depending on your circumstances, you may be compensated for:

      • Lost income: past and future earnings, including superannuation.
      • Pain and suffering: covering the physical and emotional impact of your injury.
      • Care and support: costs for professional care and support from family or friends. This also includes if you can no longer care for a child or other dependent.
      • Additional costs: medical expenses, travel, and modifications to your home or vehicle.

      Paul wins large payout for slip-and-fall accident on client’s property

      While visiting a client’s property, 62-year-old Paul slipped and fell on a moss-covered, poorly maintained pathway, injuring his back and shoulder. Facing mounting costs for treatment and care, Paul sought our assistance.

      We inspected the property and confirmed that the unsafe condition of the pathway contributed to Paul’s injuries. We also used expert evidence to demonstrate that the occupiers were negligent in failing to maintain the property. In the end, we negotiated a $1 million settlement for Paul, addressing both the severity of his injuries and the ongoing impact on his life.

      Read Paul's full story

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      How much will my claim cost?

      The cost of your claim can vary based on its complexity and duration, but our No Win No Fee guarantee ensures you’re always protected:

      • No financial risk: we cover all upfront costs — including expert evidence, medical tests, and legal fees — and you pay nothing unless we win your claim.
      • Transparent fees: you'll receive a full breakdown of our fees before we begin work.
      • Avoid court costs: most claims are resolved through mediation, saving you time and court expenses.
      • Reduced legal fees: we often recover our fees from the other party, so you keep more of your compensation.
      • 90-day trial: try our services risk-free for 90 days. If you decide to cancel within this period, you won’t incur any charges.
      Find out more about our fees

      Suffered a workplace back injury in NSW? Your claim is free

      In NSW, workers compensation claims are completely funded by the Independent Review Office (IRO). This means if you have a back injury from work, we can help you with your claim for free.

      Learn more about how the IRO supports your claim

      Frequently asked questions

      Yes, strict time limits apply to all back injury claims, but the exact deadline depends on the type of claim and your state. Below, we outline the time limits for the three most common back injury claims.

      If you’ve missed the deadline, don’t worry. Our experienced lawyers understand the time limit exceptions in each state and can apply on your behalf. We’ve successfully helped hundreds of clients get their delayed claims approved.

      Work injury claims

      You must report your back injury to your employer as soon as possible after it occurs. Depending on your state, you generally have between 6 to 12 months to file your workers compensation claim.

      For common law damages claims, time limits vary by state. In some states, you need to start court proceedings within three years of the injury. In others, you have three years from when you discover the injury was caused by your employer’s negligence.

      Public liability claims

      In some states, you need to start court proceedings within three years of your back injury. In others, you have three years from when you realise the injury was caused by someone else’s negligence.

      For details on the exact time limits that apply in your state, check out our comprehensive guide to public liability time limits.

      Motor vehicle accident claims

      Generally, you must notify your state insurer as soon as possible after the accident. You then have between 13 weeks and three years to start court proceedings, depending on your state’s regulations.

      For more information on the applicable time limits, visit our detailed guide to time limits in motor accidents.

      Medical negligence claims

      In some states, you need to begin court proceedings within three years of developing your back injury. In other states, the deadline is three years from when you discover that the injury was due to medical negligence.

      For details on the specific time limits that apply to your case, consult our complete guide to medical negligence time limits.

      If you think you’ve sustained a back injury, look out for these symptoms:

      • Pain or tenderness when touched.
      • Pain that worsens with movement, coughing, sneezing, or laughing.
      • Stiffness and trouble moving or bending your back.
      • Bruising or swelling.
      • Muscle spasms.
      • Shooting pain radiating down your legs (sciatica) or arms.

      It’s important to see your GP or a medical specialist if you notice any of these signs. Timely treatment is essential for reducing pain and improving your recovery chances.

      You may be eligible for a back injury claim if your injury occurred during a recreational activity such as jet-skiing, diving, skiing, or boating.

      To support your claim, you must demonstrate that the injury was caused by defective equipment or reckless behaviour by an instructor or driver. For instance, if they were speeding or failed to give proper instructions, this could be a basis for your claim.

      You may be entitled to compensation for psychiatric conditions resulting from your back injury. In fact, living with a back injury makes you approximately 2.5x more likely to develop a psychological condition.

      Often called ‘secondary injuries,’ conditions such as depression or anxiety can develop due to the pain and limitations of a back injury. These mental health issues can impede your recovery and impact your ability to return to work.

      To ensure your claim includes both physical and psychiatric conditions, it’s crucial to inform your doctor, psychiatrist, and employer about any mental health symptoms related to your back injury.

      You can still file a back injury claim even if you have a pre-existing condition. This could involve a separate issue from the one caused by your workplace, accident, or negligence, or your existing condition might have been aggravated by the incident.

      The ‘egg-shell skull rule’ applies in these cases, meaning the responsible party is liable for the full extent of your injury, loss, and damage, even if another person would not have been so severely injured.

      Yes, you may qualify for multiple claims related to the same back injury. Your eligibility will depend on factors such as your state, the severity of your injury, and your ability to return to work.

      After your free consultation, we’ll provide a detailed assessment to uncover all possible claims. In our experience, many clients with back injuries are entitled to multiple claims.

      Income protection claims

      If your back injury has temporarily prevented you from working, you might qualify for an income protection claim, which generally includes:

      • Monthly payments to replace your wages.
      • Up to 75% of your regular income, including superannuation.
      • Payments for a set period, such as 2 years, 10 years, or until retirement age.

      Total and Permanent Disability (TPD)

      If your back injury permanently prevents you from working, you may be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection payments, a TPD benefit provides a significant lump sum for lifelong support. This coverage is often included in superannuation policies, so you might already have TPD insurance without realising it.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

      Google Posted by Danial Anderson
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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      With over 25 years’ experience in back injury claims, we have the expertise to manage your case from start to finish. This includes:

      • Clarifying your rights and potential claims.
      • Ensuring you receive necessary support, treatment, and time off work.
      • Using strong medical evidence to support your claim.
      • Negotiating with insurers on your behalf.
      • Appealing denied claims or unfair settlements.
      • Identifying your additional claims, such as TPD benefit.
      • Maximising your back injury compensation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Back Injury Compensation Claims
      Medical Negligence

      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

      Read more

      $1.55 million

      Back Injury Compensation Claims
      Workers Compensation

      Emma wins substantial settlement for workplace bathroom slip-and-fall

      After a slip-and-fall accident at work, Emma* was left with significant injuries. We used strong expert evidence to prove five separate parties were responsible for her condition....

      Read more

      $1 million

      Back Injury Compensation Claims
      Public Liability

      Paul wins large payout for slip-and-fall accident at a client’s property

      While visiting a client’s property, 62-year-old Paul slipped and fell on a poorly maintained pathway covered in moss. He was left with significant injuries to his back...

      Read more

      $1 million

      Back Injury Compensation Claims
      Motor Vehicle Accidents

      Injured influencer Emily awarded compensation for her potential future earnings

      Emily, a rising social media star, faced a major setback when a car accident left her with neck and back injuries, as well as a severe psychiatric...

      Read more

      $900,000

      Back Injury Compensation Claims
      Workers Compensation

      Injured man on Working Holiday Visa receives payout despite returning to UK

      Patrick injured himself while on a Working Holiday Visa. His employer had sent him to work for another company. The manager there set Patrick an unsafe task...

      Read more

      $900,000

      Back Injury Compensation Claims
      Motor Vehicle Accidents

      After leaving her first lawyer, Anastasia finally got justice for her debilitating car accident injuries

      Anastasia seriously injured her neck and lower back when a vehicle crashed into her car. She was rushed to surgery. Though this improved her physical condition, Anastasia...

      Read more

      $815,000

      Back Injury Compensation Claims
      Motor Vehicle Accidents

      Tina gets substantial compensation after car crash, despite pre-existing injuries

      When Tina’s car was rear-ended, she collided with the vehicle in front, leaving her with significant neck, shoulder, and lower back injuries. She required medical treatment and...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Hannah's Story

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      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us