Posted on: 6 September 2017
Australian law has provisions which mean that, if you suffer an injury at work, you have the right to lodge a workers compensation claim. However, if you suffer a back injury at work, there are some things you should carefully consider first.
The nature of the injury
Back pain is a very common injury which can occur as a result of a fall or by lifting heavy objects. However, unlike other types of injury such as broken bones and head trauma, which are very easy to diagnose and identify a back injury can be hard to prove unless there are fractures or breaks in the spinal vertebrae. Back pain which affects the muscles is largely diagnosed by patients own reporting of pain and other symptoms. This means that your employer's lawyer may argue that the injury is not as severe as you claim.
How you will prove your case
To prove your case, it is important that you gather as much evidence as possible which supports your claim about the extent and impact of your back injury. As soon as you suffer the injury, you should report it to your employer and then seek independent medical advice. You should make a note of advice given to you by medical professionals. You should also collect statements from anyone who witnessed the injury occur.
You should also keep a diary which details the severity of the pain and which list any medications which have been prescribed to you. If you have difficulty completing everyday tasks such as walking up and downstairs or standing or sitting down, you should record this. If a family member or friend needs to assist you in completing a task, you should make a note of this and ask the person if they would be willing to testify about your injury and current condition.
You should attend all of your medical appointments and follow the directions of medical staff. If you fail to take medication or to attend treatment sessions as directed, this could be used as evidence against you.
Who you will hire to represent you
A workers compensation lawyer will be able to use the information you have collected in order to build a case which proves that you were injured while performing work for your employer and that the back injury you claim to have is real.
If you would like further information or advice, you should contact a workers compensation lawyer.Share