Compensation for injuries that develop gradually in Queensland

Not all workplace injuries happen in a single accident. Many workers in Queensland develop pain and disability gradually—often over months or years of repetitive work.

Can you claim compensation for a gradual or repetitive injury?

Yes, in Queensland it is possible to claim compensation even if your injury developed over time rather than in a single incident. These claims are often referred to as:

• Gradual injuries
• Repetitive strain injuries
• Over time injuries
• Over period of time injuries

In this guide we explain how gradual injury claims work, what to watch out for, and when you should seek legal advice.

What is a gradual or repetitive injury?

It’s basically an injury where:

• There is usually not a single identifiable event or accident
• The injury or condition happens over time
• Commonly, the cause is repetitive physical work.

These injuries are common in physical jobs involving lifting, bending, twisting or repetitive hand movements.

For example, a supermarket shelf filler develops increasing back pain over a couple of years, due to repetitive lifting and twisting during her shift. This would be considered a repetitive strain injury.

Limitation period for over period of time injuries

In Queensland, you generally have 3 years to commence a claim in court for personal injury. This is called a limitation period.

When does the 3-year limitation start?

This is an issue which trips up many people. Some people miss out on compensation because they assume time starts when the injury becomes severe. That is not always correct.

The 3-year period starts when injury first occurs.

Often, the difficulty is to identify the point in time when injury first occurred. This is where sometimes people get confused. Going back to the earlier example of the supermarket shelf filler: if she experiences back pain in her first year at work, that might be the time when injury first occurred. If she keeps going for another 3-4 years until it becomes all too difficult, it may not change the fact that injury might have occurred in year 1. In this case, the 3-year limitation may have expired. (But in limited circumstances it may be possible to extend the limitation period. Further on this below.)

However, in real life it gets much more nuanced that that. Sometimes, what appears to be one injury may actually involve a minor injury first, followed by a more serious condition later. For example: the pain in the first year may be due to strain, whereas in the pain in the 3^rd year may be due to a new disc bulge. If so, this could be considered a new injury.

Can you claim for over period of time injury if you have a pre-existing degeneration?

Yes, you can bring a claim even if you had a pre-existing degeneration.

It’s very common that people who bring claims for over repetitive strain injuries suffer from some type of pre-existing condition. For example, if you bring a claim for back injury, you may have had a pre-existing age related or congenital degeneration in the spine.

In fact, doctors briefed by defendant lawyers will almost always conclude that the injured person had pre-existing degeneration in the spine. They generally say one of the following:

• The pain you experience is purely age related degeneration
• While you may have experienced some injury related pain, that pain was only temporary (transient) and what you now experience is caused purely by your pre-existing degenerative condition.
• Although what you experience is injury related pain, but your pre-existing degenerative condition was such that sooner or later it would have become just as painful. This means that the injury brought forward pain and disability which you would have suffered in a couple of years anyway.

A key question is: were you functioning normally before, and are you now experiencing pain or limitations?

The reality is, even if you have a pre-existing degeneration, if you now experience pain which you had not suffered before, then this is likely an aggravation of your pre-existing condition. You are entitled to claim compensation for the aggravation.

Is an aggravation claim less valuable?

No.

People sometimes think that if you can claim for aggravation only, that this is somehow a lesser claim. This is not true. If your work injury had not occurred, then even if you had a pre-existing condition, you could have lived and worked without pain and disability for many years. If the injury changed that, you have a significant claim.

Read our detailed guide on pre-existing conditions.

Why should you urgently see a lawyer if you have an over period time injury?

There are two reasons why you should urgently see a lawyer if you intend to claim compensation for an over period of time injury:

You may be running out of time

If the injury happened a while ago, you may be close to the end of the limitation period, or alternatively the limitation period may have expired. Depending on the circumstances your lawyer may be able to apply to the court for an order that your limitation period be extended. (Remember, even if you were able to work for several years after first experiencing pain, your injury may have occurred years ago – so time is of the essence).

Medical opinions can be challenged

Secondly, if your employer previously sent you to a doctor who concluded that your pain is caused by a pre-existing condition, don’t let this discourage you. If you see a lawyer, they may be able to get a second opinion from a different specialist and you might still have a claim. (Doctors disagree with each other all the time).

Does Denes Lawyers have experience in gradual injury claims?

Yes, we have successfully represented numerous workers with over period of time injuries. For example:

• A house cleaner who developed back pain due to working excessive hours. This person worked in the same job for several years. It was important to identify the timing of the injury. We were able to do this by obtaining evidence from a spinal surgeon, who distinguished between an earlier innocuous strain, and a new bulge causing nerve damage.
• A plant worker suffering hand damage due to repetitive movements.
• Back injury to a worker in an abattoir.

Get advice about your situation

If you’ve developed pain or injury from work over a period of time, don’t assume you don’t have a claim—or that it’s too late. These cases are often more complex than they appear, especially when it comes to time limits and medical evidence.

Getting the right advice early can make all the difference. Contact us for a free consultation today.

Related topics

1. Can you claim workers’ compensation for pre-existing injuries in Queensland?
2. Our 25% fee cap on personal injury settlements
3. Bulging disc injury and compensation claims