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What is a lifting or back injury?

A back or lifting injury usually happens when you strain your back lifting something heavy or doing repetitive movements that put pressure on your spine. These injuries can vary from mild strains to serious issues that may need medical treatment.

If you’ve hurt your back while lifting at work, a workers compensation claim can provide essential financial support.

Am I eligible for a workers compensation claim?

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In most cases, you’re automatically eligible for workers compensation if you’ve suffered a lifting or back injury on the job. It doesn’t matter:

Common examples of lifting and back injuries

While you can get workers compensation for almost any work-related lifting or back injury, the most common claims we see are for:

  • Muscle strains: these occur when your muscles or tendons get stretched too far, leading to pain and stiffness.
  • Herniated discs: these happen when the soft material inside a spinal disc bulges out through a tear in the outer layer. It can cause pain, tingling, or weakness in your back and legs.
  • Sprains: these are caused when ligaments in your back get stretched or torn because of improper lifting, resulting in pain and swelling.
  • Sciatica: if your sciatic nerve (which runs from your lower back down your legs) gets pinched or irritated, you might feel pain that radiates down your leg.
  • Lumbar strain: this injury affects the muscles or ligaments in your lower back and often happens from heavy lifting or twisting.
  • Fractures: in more serious cases, lifting injuries can lead to fractures in the bones of your spine.
  • Chronic back pain: if you keep injuring your back, it can lead to ongoing pain that severely impacts your day-to-day life.

If your injury isn’t mentioned here, don’t worry — there are many more conditions you can claim for. To get a clearer picture of whether your situation qualifies, reach out to one of our expert workers compensation lawyers today.

How much do I get paid on workers compensation?

Your weekly workers compensation payment covers lost wages and medical expenses. If your injury results in a permanent impairment, you might also be eligible for a lump sum payout. Plus, if your employer’s negligence caused your back injury, you could have a common law damages claim.

Most workers compensation claims come with several basic entitlements, including:

  • Weekly payments to cover lost earnings (up to 95% of your pre-injury income).
  • Coverage for hospital and medical expenses.
  • Access to rehabilitation, counselling, and other support services.
  • Travel expenses related to treatment or appointments.

If your injury leads to long-term issues, you could receive an extra lump sum payment.

Each state has a minimum impairment level that you need to meet to qualify for a lump sum payment. For example, in NSW, you’ll need a Whole Person Impairment (WPI) of 11% or higher to be eligible for a lump sum payout.

To learn more about securing your lump sum, head to our total guide to permanent impairment claims.

If your employer’s negligence caused your lifting or back injury, you could have a common law damages claim. To make a claim, you’ll need to:

  • Show that your employer didn’t take reasonable care for your safety and you were injured as a result. Common examples of employer negligence include inadequate training or not providing proper safety gear.
  • Meet your state’s minimum impairment level, which will be assessed by a medical professional. For example, in NSW, you need at least 15% Whole Person Impairment (WPI) to file a common law damages claim.

A successful claim results in a substantial lump sum settlement — worth hundreds of thousands of dollars. If your lifting or back injury is severe, you could receive millions.

Your exact compensation depends on factors like:

  • The type and severity of your injury.
  • How it impacts your ability to work.
  • Your future work capacity.
  • Your future employment prospects.

Importantly, this is just a rough guide to how much compensation you can expect from a back injury claim. The exact amount you receive will depend on the specifics of your case and which state you’re in.

Emma secures $1.55mil for workplace bathroom slip-and-fall

After a slip-and-fall accident at work, Emma sustained severe back and shoulder injuries, requiring extensive surgery. We quickly realised that her claim extended beyond just her employer — five parties could be held responsible, including the building’s occupier, manager, cleaners, and plumbers who had recently worked on the bathroom.

Using strong expert evidence, we proved how each party failed to maintain a safe environment. We also gathered medical reports, witness statements, and expert assessments to show how her injuries have impacted her life. In the end, we successfully settled Emma’s claim for $1.55 million, ensuring she can afford the necessary medical treatment and ongoing care.

Read Emma's full story here

How long will my payments last?

Your weekly workers compensation payments will last anywhere from 12 months to five years, depending on how serious your injury is and which state you’re in.

For example, in Victoria, your payments last up to 130 weeks (about 2 ½ years). While in NSW and Queensland, you could receive payments for up to five years.

If you want to keep receiving payments after this period, you typically need to meet your state’s minimum level of impairment. For instance, in NSW, you must have over 20% Whole Person Impairment (WPI) to continue receiving payments after five years.

How much does it cost to make a claim?

Absolutely nothing. Your workers compensation claim is funded by the Independent Review Office (IRO), so you won’t ever get a bill from us for our work on your claim.

If your impairment is permanent, you might also qualify for additional claims like Total and Permanent Disability (TPD), which can lead to significant lump sum payments. While these extra claims aren’t covered by the IRO, you’re still protected by our No Win No Fee guarantee.

Firefighter wins large settlement for workplace lifting injury

John was responding to a fire when his supervisor instructed him to lift a heavy metal bar without using proper equipment. He was left with severe injuries, now requires a scooter for mobility and is unable to return to work.

We worked with medical specialists to document John's injuries and their effect on his life. Using these findings, we secured John’s workers compensation payments and began building a negligence claim against his employer. Our team brought in a safety management advisor to confirm that John's employer was negligent for requiring him to perform tasks without proper equipment. In this end, this comprehensive approach secured John a settlement of $575,000, plus legal costs of $150,000.

Read John's full story here

The claims process

Every claim is unique, but you’ll likely move through the following steps:

After a workplace injury, make sure to:

  • Inform your employer about the injury: each state has their own time limits for reporting. For example, in NSW, you need to report the injury to your employer within 30 days.
  • Seek medical attention: visit your doctor to get treatment for your back injury. They’ll also give you a ‘certificate of capacity’ which is essential evidence for your claim.
  • Get a claim form: ask your employer for a workers compensation claim form. If you’d prefer not to deal directly with them, ask your state workers compensation insurer for a form.

It’s important to consult a lawyer as soon as possible. In a free consultation, we’ll go over your options and create a solid plan to help you secure financial support quickly. We’ll also check if you’re eligible for a permanent impairment lump sum and explore any extra claims you might have, like common law damages or Total and Permanent Disability.

If you decide to work with us, your personal injury lawyer will start on your claim right away. They’ll apply for any immediate benefits or care you need, like weekly compensation, coverage for medical expenses, and any extra support you might require at home.

Your lawyer might need to get medical information from your treating doctors to better understand your injury and how it’s affecting your life. We’ll also tap into our network of medical experts to gather strong evidence showing the extent of your back injury, its day-to-day impact, and what support you’ll need in the future.

We take care of lodging your workers compensation claim, handling all the paperwork and making sure all time limits are met.

At this point, we’ll start working on securing your permanent impairment lump sum and any additional claims. These claims can lead to substantial payouts and are crucial for ensuring your compensation truly reflects the financial, emotional, and physical toll of your back injury.

Thanks to our strong reputation and meticulous approach, the insurer is likely to settle your claim quickly and fairly. But if your claim is denied, don’t worry — we’ll fight back and lodge a dispute to ensure you get the compensation you truly deserve.

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
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Medea Hanna
Senior Associate
  • English
  • Workers Compensation, Comcare, Dust Disease
Jamie Palivos
Associate
  • English
  • Workers Compensation
Meet more of the team

Frequently asked questions

Yes, strict time limits apply to all lifting and back injury claims. The exact limit depends on which state you’re in.

NSW, QLD, SA and TAS6 months of the accident
VIC30 days of the accident
WA12 months of realising you’re injured
NT6 months of the accident or developing the illness
ACT3 years of realising you’re injured or ill

If you’ve missed the deadline to file your claim, don’t stress. Our experienced lawyers know the ins and outs of time limit exceptions for each state and can apply on your behalf. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.

How long your claim takes depends on several factors, like how serious your injuries are, what treatment you need, and — crucially — how well your claim is put together. Generally speaking, your claim should be resolved within 12 months of your condition stabilising. This means it’s unlikely to improve with time or further treatment.

With decades of experience, our workers compensation lawyers specialise in streamlining your claims process and securing your benefits faster. For a more precise estimate of how long your claim will take, get in touch today.

If your lifting or back injury claim gets denied, you can appeal the decision. Your insurer must provide a notice explaining why your claim was rejected, and you can ask them to review their decision at that time.

To succeed in your appeal, you’ll need substantial extra evidence proving the insurer made a mistake. It’s crucial to get legal advice before diving into this complex process.

To learn more about what to expect, check out our guide to appealing a denied workers compensation claim. Alternatively, just get in touch — our specialist workers compensation lawyers are always ready to provide free advice on getting your denied claim approved.

Temporary income support

During the appeals process, you might find yourself temporarily without income. If that happens, make sure to tap into any employment benefits you have. Start with:

  • Sick leave (as this won’t be paid out if you stop working).
  • Annual leave.
  • Long service leave.

Income protection

You might have income protection benefits automatically included with your superannuation policy. This can offer temporary financial relief while you’re unable to work. If you’re not sure about your income protection options or your super benefits, reach out to us today. Our team will look into your policy and provide a free assessment of your entitlements.

Government unemployment benefits

You might also be eligible for government benefits like JobSeeker or the Disability Support Pension. These can provide extra financial support while you’re unable to work.

Yes, you can — in fact, the main goal of workers compensation is to support you financially until you’re ready to return to work. Your legal team will guide you through the best options based on your situation and support you throughout the claims process.

If you’re unable to return to your previous role, there are several options within the workers compensation scheme:

  • Suitable duties: your employer might find a different role that suits your capabilities.
  • Retraining program: you may qualify for retraining to help you transition into a new job or career.
  • Partial capacity to work: if you can work in a reduced capacity, you could still receive compensation to make up the rest of your income.

Whether your workers compensation is taxable depends on the type and amount of compensation you receive.

  • Weekly payments: these are taxable since they serve as a supplement or replacement for your regular weekly income. They’ll be taxed just like your ordinary earnings.
  • Lump sum payments: generally, if your lump sum is meant to cover pain and suffering, permanent impairment, or future medical expenses, it’s non-taxable. However, any interest you earn on that lump sum (or income generated from assets purchased with it) will be taxable.

You can resign while receiving workers compensation benefits, but be aware that this could lead to a reduction or termination of your compensation. Since workers compensation aims to support your return to your pre-injury job, resigning might signal that you’re not willing to go back, which could jeopardise your benefits.

Resigning is a big decision, especially when it comes to your workers compensation. It’s important to consult with a lawyer before making any moves. Our expert workers compensation lawyers can evaluate your situation and explain the best way to protect your financial future.

It’s illegal for your employer to fire you within the first six months of a workplace injury just because you’re unable to return to work. After those six months, they can terminate your employment, but they need to demonstrate that they’ve met all their obligations to you. This means they have to:

  • Create an injury management plan with you and your workers compensation insurer to get you back on the job.
  • Stick to all the steps laid out in that plan.
  • Offer you suitable work options once you’re cleared to return, taking any restrictions into account (like needing shorter hours or limits on lifting).

Even if you’re terminated, your compensation can continue as long as your doctor says that you’re unfit to perform your pre-injury job.

Yes, you could have multiple claims for the same lifting or back injury. Your entitlements depend on things like which state you’re in, how severe your injury is, and whether you can return to work.

As part of our comprehensive service, we’ll assess all your potential other claims. In many cases, our clients with significant back injuries qualify for additional claims — often worth much more than their initial one.

Income protection claims

If your back injury has temporarily kept you from working, you might qualify for an income protection claim. You could receive:

  • Monthly payments to replace your wages.
  • Up to 75% of your regular income, including superannuation.
  • Payments for a specific period, like 2 years, 10 years, or even until you reach retirement age.

Total and Permanent Disability (TPD)

If your back injury permanently stops you from working, you could be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection, which provides monthly payments, a TPD benefit offers a significant lump sum designed to support you for life. Many superannuation policies include this coverage, so you might already be insured without even realising it.

See more FAQs

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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Today, after only 8 weeks, I got the best news: my claim was successful!

Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

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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.

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Jamie and her team at Monaco made my tough claim easier to handle.

My workers compensation claim was a nightmare with secondary injuries being denied, and the insurer trying to deny my claim throughout the process. Jamie and her team from Monaco Solicitors have been brilliant in their professionalism and management of my claim.

Google Posted by Dan Luff
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Dealing with workers comp issues? Monaco, especially Jamie and her team, can really help you out.

I would recommend Monaco to anyone that is on workers compensation & getting screwed by the insurance company. Jamie & her team are very professional & will do everything possible to get you your entitlements in the workers compensation merry-go-round. Give them a call.

Google Posted by Grant Towell
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Highly recommended! I am very happy with the result.

I am very happy with the service I received from Monaco Solicitors in regards to my worker’s compensation claim. Very professional, kept me up to date throughout my claim, with a great result at the end. I highly recommend them for your workers compensation matters.

Google Posted by Andrew Murcott
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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.

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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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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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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.

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I was very happy with the outcome.

I am so grateful for the professional legal representation provided by Monaco Solicitors. Ms Medea Hanna, my solicitor was efficient, knowledgeable, compassionate and she was able to resolve my matter quickly, reaching an outcome I was very happy with.

Google Posted by Rachel L
Leon Monaco & Team member

How we can help you

With 25 years’ experience handling lifting and back injury claims, we’ll secure the compensation you deserve. As part of our comprehensive service, we always:

  • Explain your rights and what you can claim.
  • Make sure you get the support, treatment, and time off work you need.
  • Prove your case with strong medical evidence.
  • Negotiate with the insurer on your behalf.
  • Appeal if your claim gets denied or you receive an unfair settlement.
  • Identify any extra entitlements, like a common law damages claim.
  • Secure the maximum compensation possible for your back injury.

Speak to one of our friendly lawyers

Millions won for our clients

View more case results

$1.55 million

Lifting and 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

$900,000

Lifting and 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...

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$605,000

Lifting and back injury compensation claims
Workers Compensation

Injured worker wins large settlement for workplace safety breach

A workplace accident left Brett with a severe knee injury. He was put on light work duties and unable to provide for his young family. Our Workers...

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$575,000

Lifting and back injury compensation claims
Workers Compensation

Firefighter secures separate negligence and Workers Comp payouts

John was called out to a fire where a supervisor instructed him to move a heavy metal bar. Hydraulic lifting equipment was available on site but John...

Read more

$100,000

Lifting and back injury compensation claims
Workers Compensation

Man found unconscious on work trip gets lump sum compensation

Joel was found unconscious and badly injured while on a work trip. He had several cervical spine fractures and a traumatic brain injury. Joel could not remember...

Read more

We have the experience you can count on

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

Janette’s Story

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Monaco got a result when other lawyers couldn’t help. “You might not trust your solicitor, but I trust mine.”

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