A disc bulge injury often happens at work when the employer’s workplace is unsafe. Many people just assume that a disc bulge is a normal consequence of ageing, whereas very often it is actually caused by repetitive tasks or a sudden bad move at work.

This type of injury can commonly be referred to as a slipped disc or a protruding disc. It can affect the lumbar spine, thoracic spine or the cervical spine. More severe cases involve sciatica, leg pain, pins and needles or numbness and weakness.

Pre-existing degeneration or spondylosis

If you suffer a disc bulge or other spinal injury, you are entitled to compensation even if imaging shows that you had already suffered from age related degeneration or spondylosis. As people age, it is normal that there is some degeneration in the discs of the spine. MRI investigations will usually show this. But very often the degeneration is asymptomatic, meaning that you don’t feel any pain.

If you are injured at work, WorkCover Queensland will send you to an independent medical examination. We have found that too often WorkCover’s doctors will say that the work injury might have caused a temporary aggravation, but the aggravation has resolved and the workers’ present condition is solely due to their preexisting degenerative disease. If this is what happened to you, contact us as we may be able to prove WorkCover’s doctors wrong.

Treatment and costs

In minor cases, once the initial inflammation settles, the injury is treated by a physiotherapist. More severe cases may require medications, epidural injections or even spinal surgery (such as discectomy) to repair some herniated discs.

While treatment for back pain is funded by Medicare, there may be a waiting list (especially for some surgeries). It is possible to speed up the process if you have private health insurance. Alternatively, if you have a workers’ compensation claim on foot then usually WorkCover Queensland would fund the necessary treatment.

How much compensation for bulging disc injury?

Typically, we take into account several factors in determining the value of your compensation claim.

General damages (pain and suffering)

The amount of compensation you can receive as general damages depends on the nature and severity of your injuries and the extent of your pain and suffering. In many cases, the compensation amount is fixed by legislation. In some other cases, the court has broad discretion.

Where general damages is capped by legislation, experts will rate the severity of your injuries on a scale of 1 to 100. For example, a moderate spinal injury may be rated 5 to 15. The applicable general damages award is between $8,340 and $30,254. (As at 2024, based on the Workers’ Compensation and Rehabilitation Regulations 2014. These figures are indexed every year, leading to a small annual increase.)

If there is no legislative cap, then the court can award you more for general damages.

How do you know if there is a cap in your case? We advise about this once we have investigated your claim. If we find that more than one company may be liable to pay you compensation (which often happens on construction sites or when labour hire companies are involved) then chances are your claim is not capped.

Loss of earnings (also future earnings)

You can be compensated for earnings you lose because you are not able to work due to your injuries.

Past earnings loss (loss between the date of injury and settlement) is generally proven based on tax returns and other financial documents.

Compensation for future economic loss (loss from now to retirement age) depends on your age, your residual earning capacity, but other factors may also be taken into account. Please note: we can recover lump sum compensation now for losses you might incur in the future. We factor into our calculus wage increases, overtime, promotional opportunities and a range of other issues. We have prepared a free brochure which you can immediately download and which will help you understand more about how future income loss is calculated.

It’s important to realise you are also entitled to be compensated for superannuation contributions which you would have received but for your injuries.

Past and future medical expenses

Past medical expenses refers to expenses which you incur between the date of the injury and the date of settlement or judgement.  Think of X-Rays, MRI scans, GP visits etc. To ensure that you receive compensation for all expenses incurred, it is important to keep receipts.

In addition to medical expenses, you can also recover travel expenses, and in some cases other other things as well such as accommodation costs.

Future expenses are those which you will incur after the date of settlement or judgement. These expenses are based on estimates provided by medical and other experts. The estimates take into account any need for further surgery, likely medication expenses, likely further travel expenses, any special equipment (think of reclining chairs, special shoes etc).

The value of services received for free from family (gratuitous care)

You are generally entitled to be compensated for the value of services received for free, such as care received from family members. Again, you are entitled to compensation for services received between the injury and settlement or judgement, as well as the value of future services. However, there are some legislative thresholds which may apply to your case and which may limit your entitlements. We can advise further during the initial interview.

How long does it take to get compensation for bulging disc injury?

The reality is, no two cases are identical. Generally, at least 12 to 18 months pass between the injury and settlement, although in serious cases, it can take longer. In fact, it is not uncommon that it takes 18 months just for your injuries to become stable and stationary, and it is only then that we can start with your claim.

Free book offer: what to expect in your injury claim

If you have been injured in an accident, you may be able to make a compensation claim. But the law in relation to personal injury compensation in Queensland is very complex. Strict time limits apply. And importantly: while most cases settle, the amount you receive largely depends on how well your claim is prepared for the settlement negotiations with the insurance company.

At Denes Lawyers, we think the best thing you can do is to initially research your situation to understand the legal process and what you can expect. This is why we make our FREE hard copy book available to everyone who has a genuine enquiry about a potential personal injury claim. Even if you choose not to hire us, we think you will find the information in this book very useful.

The book is written by Oszkar Denes, and it covers the following topics:

• What is a personal injury claim?
• How much money can you expect to receive?
• What is the claim process?
• What is a no win – no fee agreement and how do they vary between law firms?
• How to select the right lawyer for your case?
• Seven Deadly Sins you should avoid at all cost
• Specific real life case examples

To receive your free hard copy book in the mail, please call us on (07) 3063 2268 or complete the form below and we will be happy to post it to you.