Backs give way lifting, twisting, carrying, sitting badly for years, or all at once in a single wrong movement. WorkCover accepts thousands of back claims a year, and insurers contest a large share of the serious ones on one ground above all: that the worker's spine was already degenerating and the work merely revealed it. Queensland law has an answer to that argument, and it is worth knowing before the first form is lodged.

Key points

  • An injury includes the aggravation of a pre-existing condition, so a work event that makes an already-worn back symptomatic is compensable.
  • Work has to be a significant contributing factor, not the only one.
  • Permanent impairment is assessed under the Guidelines for Evaluation of Permanent Impairment (GEPI); the percentage drives the lump sum offer and the choice between lump sum and damages.

Aggravation counts

Section 32 of the Workers' Compensation and Rehabilitation Act defines injury to include the aggravation of a pre-existing condition, to the extent of the aggravation, where employment is a significant contributing factor. Scans of most adults over forty show disc degeneration. That is not a defence. If a worker had a functioning back before a lifting incident and a painful one after it, the aggravation is the injury, and it is covered even though the underlying degeneration was there already. The insurer may argue the aggravation was temporary and has ceased; that is a medical question, answered by the treating doctors and, if needed, the Medical Assessment Tribunal.

Gradual-onset injuries

Not every back injury has a moment. Years of repetitive lifting or awkward posture can produce an injury "over a period of time". These claims are accepted where the work is a significant contributing factor; the date of injury is generally taken as when the worker first sought treatment or stopped work. Keep a record of when symptoms began and what tasks were involved.

The statutory claim

Lodge within six months of the injury. WorkCover pays weekly compensation, medical treatment, physiotherapy and rehabilitation, and, once the injury is stable, assesses permanent impairment. A notice of assessment with a degree of permanent impairment under 20% requires a choice between a lump sum and a common law claim; at 20% or more both can be pursued. For back injuries the percentages are often modest even where the functional effect is serious, which is why the damages question matters.

When to pursue damages

Damages are available where the employer's negligence caused or contributed to the injury: inadequate manual handling training, unsafe systems of work, understaffing that forced solo lifts, lack of mechanical aids, or ignored complaints. The Work Health and Safety Act and the Hazardous Manual Tasks Code of Practice set out what a reasonable employer does about lifting risks, and they are the yardstick. Damages include future income loss, which for a tradesperson or nurse who can no longer do heavy work is usually the largest component and is not compensated by the statutory lump sum.

Evidence that decides back claims

The first medical record after the incident, the incident report, the job's manual handling procedures and training records, imaging before and after where it exists, and witness accounts of the task. Consistency between what you told your doctor on day one and what you say later is examined closely.

Frequently asked questions

Will WorkCover reject my back claim because I have degeneration on my scan? It should not. Aggravation of a pre-existing condition is an injury under the Act if work was a significant contributing factor.

Can I claim for a back injury that developed gradually? Yes, where the work over that period was a significant contributing factor.

Is a 5% impairment lump sum all I get? Not necessarily. If your employer was negligent, a common law claim for full damages including future income loss may be available. Get advice before accepting the lump sum, because accepting it ends the damages option below 20%.

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