Understanding your workers’ compensation rights for musculoskeletal injuries

If you sustain a musculoskeletal injury in the workplace, whilst your health and wellbeing come first, it is also important to be aware of your workers’ compensation rights and entitlements. In this blog, we look at:

• What is a musculoskeletal injury?
• Common workplace activities that lead to musculoskeletal injuries
• What jobs and industries are often associated with workplace musculoskeletal injuries?
• Workers’ compensation benefits available after a workplace injury
• Eligibility to pursue a common law claim after a workplace injury
• Compensation available under a common law claim
• Time limits for workers’ compensation claims in Queensland

What is a musculoskeletal injury?

If you have broken a bone or experience a strained muscle, you have likely suffered a musculoskeletal injury.

A musculoskeletal injury is where you have injured your musculoskeletal system. This system is what provides your body with movement and stability, as well as providing shape and support. It is comprised of two sub-systems, which are simply described as:

1. The muscular system: this refers to your muscles and tendons;
2. The skeletal system: this refers to your bones, cartilage and joints.

Common workplace activities that lead to musculoskeletal injuries

Musculoskeletal injuries can be caused by a number of circumstances. Commonly, you may suffer a musculoskeletal injury by:

• lifting, pulling or pushing items in an unsafe manner and/or items which are too heavy;
• performing repetitive movements over a period of time, resulting in overuse;
• being crushed or sustaining a direct blow from machinery or equipment;
• injuries caused by slips, trips or falls.

What jobs and industries are often associated with workplace musculoskeletal injuries?

Generally, you are most at risk of sustaining a musculoskeletal injury in an occupation which requires manual handling.

The occupations where workers are most at risk of musculoskeletal injuries include, but are not limited to, the following:

• Labourers, tradespersons, mine workers and construction workers;
• Process workers, machinery operators and technicians;
• Support workers, nurses and other health care professionals;
• Food service workers and retail workers.

Workers’ compensation benefits available after a workplace injury

If you suffer a musculoskeletal injury at work, you have an entitlement to lodge a workers’ compensation claim with Workcover Queensland or your employer’s self-insurer.

For your application for workers’ compensation to be accepted, you must satisfy the following:

1. You are a worker as defined in the Workers' Compensation and Rehabilitation Act 2003;
2. You have lodged your application within the time limit; and
3. You have sustained personal injury arising during the course of your employment, with employment being a significant contributing factor to the injury.

If your workers’ compensation claim is accepted, you may receive the following statutory benefits under the no-fault scheme:

• Weekly payments for loss of income;
• Payments for medical treatment and rehabilitation expenses;
• Payments for pharmaceutical expenses;
• Reimbursement of travel expenses associated with your injury; and
• Lump sum compensation due to permanent impairment.

Eligibility to pursue a common law claim after a workplace injury

In addition to the above statutory entitlements, if another person or organisation/entity (for example, your employer) was at fault for your injury, you may also be entitled to pursue a common law claim for damages (compensation).

Notably, you will only have an entitlement to pursue a common law claim against your employer if you have an accepted workers’ compensation claim and you have received a Notice of Assessment.

A Notice of Assessment is a document from Workcover Queensland or your employer’s self-insurer which outlines your permanent impairment and may provide a monetary offer.

You will receive a Notice of Assessment at the end of your statutory claim after your injuries have been assessed by an appropriate specialist for permanent impairment.

Commencing a common law claim related to a workplace injury is complex. We recommend that you seek legal advice if you intend to pursue a common law claim after a musculoskeletal injury.

GET ADVICE FROM A WORKERS' COMPENSATION LAWYER:  1800 659 114

Compensation available under a common law claim for musculoskeletal injuries

When you pursue a common law claim, you are entitled to claim for various “heads of damage”. These heads of damage may include:

• pain, suffering and loss of amenities;
• loss of past and future earnings and associated superannuation;
• past and future hospital, medical and rehabilitation expenses (including surgical costs);
• past and future out-of-pocket expenses for items such as pharmaceuticals, travel and equipment; and
• gratuitous care.

Time limits for workers’ compensation claims in Queensland

Time limits apply to both statutory workers’ compensation claims and commencing common law proceedings after a workplace injury.

Time limit to lodge a workers’ compensation claim

To be eligible for compensation under a statutory workers’ compensation claim, you are generally required to lodge an application with the insurer within 6 months after the ‘entitlement to compensation’ for the injury arises.

Your entitlement to compensation for a work-related musculoskeletal injury generally arises on the date you first attend your general practitioner or hospital seeking treatment for your musculoskeletal injury. It is important that you request your treating doctor to complete a Work Capacity Certificate during your initial attendance, as a Work Capacity Certificate must accompany your application for compensation.

If you do not lodge a workers’ compensation application within 6 months after your entitlement to compensation arises, you may lose your entitlement to a statutory workers’ compensation claim.

Time limit to pursue common law damages after a workplace injury

Generally, there is a three (3) year time limit from when the circumstances first occurred which caused your musculoskeletal injury, to pursue a common law claim. If you do not commence a claim within the time limit, you may lose your entitlement to pursue a common law claim.

Get help from a workers’ compensation lawyer

If you’ve suffered a musculoskeletal injury at work, it is important to understand your rights and entitlements for workers’ compensation; both statutory benefits and common law entitlements. We recommend that you seek legal advice soon after your workplace injury to understand your rights and entitlements.

Our workers’ compensation lawyers are highly experienced in all aspects of workplace injury claims. We will ensure we maximise any of your compensation entitlements, while you concentrate on health and wellbeing.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au