In this article we take an in depth look at back injury payouts in Queensland. We consider the average payout, how it is calculated and what you can do to maximise your compensation after a work injury.

The average payout for back injuries

According to the Queensland workers’ compensation scheme statistics for 2022/2023 the average gross settlement in a common law damages claim is $310,380.00. Immediately, we must point out two important issues. Firstly, this is a gross settlement figure and on our interpretation of the statistics, on average $120,000 to $140,000 would be deducted and refunded to WorkCover, meaning that the actual figure which you receive (before legal costs) is closer to the $180,000 mark.

Secondly, the above figure is not restricted to back injuries only. However, it would be surprising if the average payout for back injuries is lower than the above amounts, considering the following:

• When people get injured and make an initial statutory workers compensation claim (i.e. before making a common law damages claim) WorkCover spends more on medical treatment costs and weekly wages in those matters which involve back injuries as compared to what it spends on average in all claims
• Serious back injuries tend to have a long lasting and potentially devastating impact on a person’s ability to remain in the workforce – which in turn means that in these types of matters there is potential for future economic loss awards to be significant.

How is the payout calculated in back injury claims?

While analysing average payout figures may be a starting point, the reality is that in Queensland actual payout figures vary widely. This is largely because the payout figures depend on several factors.

Firstly, the severity of the injury. When WorkCover’s doctors examine an injured worker, they express the severity of the injury in percentage terms. (For example, they might say that the level of whole person impairment is 8% ). However, what is probably more important is to look at whether the injured worker has had to undergo any surgeries, the extent and nature of rehabilitation therapy which was completed and whether there is an ongoing need for pain medication or other pain management therapy. There is obviously a big difference between someone who has had two surgeries, extensive rehabilitation but without much success as compared to someone who only needed a few physiotherapy sessions before regaining their normal capacity.

The second factor is wether there are any secondary injuries to consider, commonly of a psychological nature. Back injuries can have such profound impact that people often develop psychological injuries sometime after the work accident. Secondary psychological injuries often further prevent people from returning to work in general, or returning to a particular occupation.

The third factor is age. In the calculus of personal injury law, all things being equal, a young person gets more in compensation than an older person.

Fourthly, the injured worker’s occupation is a relevant factor. If you spent your working life in physical roles (industrial cleaners, construction workers, process workers, mine workers and so on) a back injury may not only prevent you from returning to your usual occupation, but returning to some kind of alternative occupation may also be difficult if you don’t have the experience.

Fifthly, it’s important to consider if there are potentially more than one defendants who may be liable for your injuries. If there are, you will get more in compensation. This is why we always undertake detailed investigations to identify any company which may be responsible for your injuries. For example, in construction sites or on mine sites it is fairly common that there are a number of companies, contractors and subcontractors, who all work at the same time. It is not unusual for more than one of them to be negligent. In these cases, if we can identify not just your employer but also every other defendant who may be at fault, you could receive significantly more compensation (the difference could be tens of thousands of dollars).

Tips to maximise your compensation

Finally, there are three suggestions which can make a big difference to your claim.

• After you make a workcover claim, don’t exaggerate your symptoms. Even people who have a valid claim with real injuries can potentially ruin what would otherwise be a big claim by exaggerating their symptoms and thereby losing credibility. If a judge thinks you are unreliable, they are unlikely to award you large damages.
• Keep a diary. Record your symptoms daily and also record your expenses that you pay for out of your own pocket. This will make a big difference at the end of your claim.
• Before you engage a lawyer, do your research to find out how much it’s going to cost you at settlement. In Queensland, there are big differences between how much law firms charge. You can learn about our fees here.