Written by: David Cossalter If you’ve suffered a back injury because of someone else’s negligence—whether an individual or a business—you may be entitled to make a back injury compensation claim.
This updated November 2025 guide explains everything you need to know, including who’s eligible, how the process works, and the typical compensation amounts for back injury claims. It’s designed to help you understand your options and take the next steps with confidence.
Can I claim compensation for my back or spinal injury?
If you have a back or spinal injury that was a result of someone else’s action or negligence, you may be eligible for compensation.
Common reasons for back injury payouts include car crashes, sporting injuries, workplace incidents and medical negligence. To succeed in a claim, three key elements generally need to be met:
| 1. A duty of care existed | Workplaces, medical providers, drivers, and public space owners all have a legal duty to take reasonable steps to keep others safe. |
| 2. That duty of care was breached | Examples include medical misdiagnosis or surgical errors, unsafe work practices, hazardous public spaces, or reckless driving, such as speeding or driving under the influence. |
| 3. The breach directly caused your back injury | There must be a clear link between the negligence and the harm suffered. Evidence such as medical reports, CCTV footage, incident records, and correspondence can help establish this connection. |
If these elements apply to your situation, you may have strong grounds for a back or spinal injury compensation claim.
Common back and spinal injuries
Back and spinal injuries vary widely in severity, from soft-tissue strains to life-altering spinal cord damage.
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Below are the most common types of injuries seen in compensation claims.
| Personal injury area | Common back and injuries |
|---|---|
Motor vehicle accident injuries (cars, trucks, motorcycles) | Whiplash, herniated or bulging discs, lumbar/sacral strains, spinal fractures, nerve compression, chronic soft-tissue damage. |
| Motor vehicle accident injuries (buses, pedestrians) | Whiplash, spinal fractures, disc injuries, nerve compression, chronic soft-tissue damage. |
| Slip and fall injuries | Vertebral fractures, slipped discs, coccyx injuries, ligament tears, severe muscular sprains, and spinal misalignment due to impact. |
| Workplace injuries | Repetitive strain injuries, disc degeneration, lifting-related herniations, chronic lower-back strain, sciatica, and spinal joint injuries. |
| Sporting injuries | Spinal ligament sprains, muscle tears, vertebral compression fractures, impact-related disc injuries, and overuse-related back pain. |
| Medical negligence (including chiropractic) | Disc herniation caused by improper manipulation, nerve damage, spinal cord aggravation, failure to diagnose spinal instability, complications from spinal or orthopaedic surgery. |
What are the most common causes of these injuries?
Back and spinal injuries can occur in a wide range of everyday situations. The most frequent causes include traffic accidents, workplace incidents, slips, trips and falls, sporting injuries, and medical negligence, including chiropractic-related harm.
| Personal injury area | Common causes |
| Motor vehicle accident injury | Sudden impact during collisions, rear-end crashes causing whiplash, high-speed accidents, rollovers, and forceful deceleration leading to spinal strain or disc damage. Other common causes include motorcycle accidents, pedestrian incidents, truck collisions, and bus-related injuries. Back injuries can also cause secondary problems in arms, legs, or other limbs, which may be significant and claimable. |
| Slip and fall injury | Slippery surfaces (wet floors, spills), uneven pavers, poorly maintained stairs, loose floor coverings, inadequate lighting, and hazards in supermarkets, shopping centres, or public malls. These incidents can lead to sprains, fractures, back trauma, and secondary injuries in limbs or joints. |
| Sporting injuries | High-impact collisions, awkward landings, sudden twists, heavy lifting in sport, inadequate warm-up, or contact during play. These can stress or damage the spine and may result in secondary injuries to arms, legs, or joints. |
| Workplace injury | Manual handling tasks, repetitive lifting, prolonged standing, awkward postures, overextension, lack of rest breaks, and unsafe work conditions. These can cause both sudden and cumulative work-related back injuries. Some workplace back injuries may be covered under statutory workers’ compensation even without negligence, but pursuing a negligence claim requires meeting the relevant state threshold (e.g., over 15% in NSW). Secondary injuries to limbs or joints may also occur. |
| Medical negligence (including chiropractic) | Incorrect spinal manipulation, failure to diagnose fractures or instability, surgical errors, improper chiropractic adjustments, or poor post-operative care can worsen an existing back condition. Secondary injuries to arms, legs, or joints can also result and are claimable. |
Back injuries can also occur in less common but significant situations, for example, when faulty or dangerous products cause harm. In some cases, this leads to class action claims. One current example is our action against Spinal Cord Stimulator (SCS) manufacturers.
Legal insight
Back injuries rarely exist in isolation. Compensation claims often focus on the primary injury, but secondary issues—such as joint strain, muscular imbalances, or chronic pain in the hips, knees, or shoulders caused by compensatory movements—can be just as significant. An experienced back injury lawyer understands how to comprehensively document these interrelated injuries, ensuring they are included in your claim and valued appropriately. Failing to consider these knock-on effects can mean long-term consequences are overlooked, and compensation is reduced.
How are back and spinal cord injuries different?
Back injuries are a broad category that can affect any part of the back, including the bones, joints, muscles, discs and connective tissues. Spinal cord injuries, however, specifically involve damage to the spinal cord itself, making them a distinct and far more serious subset of back injuries.
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While general back injuries like sprains, strains, herniated discs, and vertebral fractures are more common, spinal cord injuries often have lifelong consequences and may qualify for Total Permanent Disability (TPD) compensation due to their severity.
In Australia, it’s estimated that around 20,000 people are living with a spinal cord injury, with one new case occurring every day. These injuries can result in loss of movement or sensation below the point of injury, affecting muscle control, bladder and bowel function, and the ability to feel pressure, heat or touch.
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Understanding the difference helps clarify why spinal cord injuries typically lead to higher compensation and require more intensive medical and legal support.
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How much compensation can I claim for a back or spinal injury?
Back and spinal injury compensation often ranges from tens of thousands to several hundred thousand dollars, depending on the severity of the injury and its long-term impact.
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The exact amount depends on factors such as the seriousness of the injury, how much it affects your daily life, and whether you’re left with a permanent impairment or loss of income. More severe or life-changing injuries typically receive higher payouts.
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Here are some real medical negligence, work injury damages, and, public liability claims that show how compensation can vary:
| Personal injury area | Summary and settlement | Details |
|---|---|---|
| Medical negligence | Devastating lower-back bedsore, $1,100,000 | Significant lower-back pressure wound, resulting in massive infection, loss of mobility, pain and need for plastic surgery. |
| Medical negligence | Severe back and spinal infection, $350,000 | Significant back and mobility impairments due to NSW hospital’s failure to diagnose back and spinal infection. |
| Work Injury Damages | Back injury at work, $688,000 | Panel beater suffers serious lower back injury at work, now requiring a walking stick due to back and leg nerve pain. |
| Public liability | Slip in a pub bathroom, $180,000 | Multiple fractures and significant permanent impairments, including neck and lower-back injuries. |
| Public liability | Slip at a shopping centre, $100,000 | A 66-year-old woman suffered serious hip and back injuries after slipping on an organic substance, impacting her mobility and business operations. |
What factors affect my compensation payout amount?
Compensation for back and spinal injuries is influenced by a combination of economic and non-economic factors. These reflect not only the financial impact of the injury, but also how it affects your daily life, independence, and long-term wellbeing.
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Economic losses (financial impact) may include:
| Medical expenses | Treatment, surgery, medication, rehabilitation, physiotherapy, and specialist appointments. |
| Loss of income and superannuation | Both past losses and reduced earning capacity in the future. |
| Home and lifestyle modifications | Such as assistive equipment, ramps, bedding, or mobility devices. |
| Paid care and support | Domestic help, personal care, gardening, or transport if you can no longer do these yourself. |
Non-economic losses (impact on your life) may include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of amenities (e.g., inability to exercise, play with children, or participate in hobbies)
- Psychological injury (such as anxiety, depression or trauma related to the incident).
How is back injury compensation calculated?
Each claim is assessed individually because every injury and every person’s circumstances are different. Insurers and courts consider:
- The severity of your injury
- Your level of permanent impairment, if any
- Your ability to work now and in the future
- Your ongoing medical needs
- How much the injury interferes with your daily activities.
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Economic losses are generally more straightforward to calculate. Non-economic losses require expert evidence and strong legal argument, but can make up a significant portion of a payout, especially in serious cases.
Average back injury compensation payouts Australia
While workers’ compensation provides essential support, statutory payments are generally limited. For example, national data shows that the median workers’ compensation payout for spinal cord and nerve-related injuries is around $43,500. A figure that often falls short of the long-term needs of someone with a significant back or spinal condition.
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By contrast, when a workplace back injury is caused by negligence, the potential compensation can be far higher. For example, a workplace back injury matter recently settled for $220,000, reflecting lost income, future earning restrictions, and broader impacts that statutory workers’ compensation does not fully account for.
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This comparison shows why it’s important to understand your legal pathway: workers’ compensation alone may provide only a portion of what a person with a serious spinal injury actually needs, whereas a Work Injury Damages (common law) claim can recognise the full extent of the loss.
Legal insight
People in NSW who suffer 15% or more whole-person impairment from a work injury may be eligible to claim common law damages, unlocking significantly higher compensation than standard statutory benefits. This threshold often determines whether a claim remains modest or becomes genuinely life-changing.
Real case example: Workplace injury
| Client | The client was a young, motivated worker who sustained a serious back injury during his employment. |
| Negligence | The employer’s negligence contributed to the injury, which required surgery. |
| Injury | The client suffered a serious back injury and was assessed with 17% whole-person impairment, causing pain and suffering. |
| Outcome | He initially received a lump sum of approximately $44,000 for impairment and pain. After pursuing a common law claim, the matter was resolved via mediation for $250,000. |
Real case example: Chiropractic negligence
| Client | The client was a family man who developed neck and back pain after playing with his son. |
| Negligence | A chiropractor continued neck manipulations despite the client reporting sharp pain, causing further injury. |
| Injury | The client suffered a herniated cervical disc, which resulted in weakness and pain in his right arm, shoulder, and chest, affecting his daily life and ability to work. |
| Outcome | The matter was settled through mediation for $210,000, compensating for pain, suffering, and the impact on his quality of life. |
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What's the process for making a back injury claim in Australia?
The process for making a back or spinal injury claim depends on how your injury occurred and the type of claim you are pursuing, whether it’s a workers’ compensation claim, a public liability claim, a motor vehicle accident claim, or a medical negligence claim. In general, there are five steps.
1. Notify the relevant party
Inform the responsible party (employer, institution, driver, or service provider) about your injury as soon as possible. For some claims, this may also involve notifying their insurer.
2. Seek medical attention
Obtain a medical assessment detailing the nature and extent of your injury. For some claims, a certificate of capacity or specialist medical report may be required.
3. Gather evidence
Collect documentation such as medical records, incident reports, photographs, witness statements, or any other evidence that supports your claim.
4. Claim assessment
The insurer or responsible party will assess your claim and may make an initial offer. Keep in mind that early offers are often lower than what you may be entitled to.
5. Negotiate or escalate
Working with a specialist back injury lawyer ensures your claim is properly valued. Your lawyer can negotiate on your behalf and, if necessary, take the matter to mediation, arbitration, or court to secure fair compensation.
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Back injury claims can be complex, and having expert legal guidance significantly increases your chances of achieving the compensation you deserve.
Key takeaway
Insurers aim to settle claims quickly and for the lowest possible amount. Their initial offer may not reflect the full compensation you are entitled to, so it’s important to get expert legal advice to ensure your claim is properly valued.
What evidence do I need to prove my back injury?
Each back injury claim is different, so the evidence you need might change depending on your circumstances.
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In most cases, you should have:
- Medical evidence (including doctor reports, x-rays, and MRI scans)
- Information relating to the injury, especially if you’re claiming for negligence (including witness statements, CCTV footage)
- Personal diaries explaining your day-to-day changes
- Financial records detailing any loss from work or expenses due to the injury.
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To find out exactly what evidence you need, speak to one of our lawyers.
What are the time limits for claiming?
The time limits for making a compensation claim for a back injury depend on the type of claim and the state or territory you’re in. Each area of law has its own rules, and some allow extensions in limited circumstances.
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For example:
- Public liability: Usually a three-year time limit, with some scope for extension depending on the circumstances and jurisdiction.
- Motor vehicle accident claims: Time limits vary by state. For example, many jurisdictions require early notification (within 28 days to six months) and most have a three-year limit for filing court proceedings.
- Medical negligence: Typically a three-year limitation period from when the injury was discoverable, although longer periods or extensions may apply depending on the state and the nature of the injury.
- Common law damages claims: Usually need to be commenced within six years, but in rare circumstances can be extended up to 12 years.
How can I get help for a back injury claim?
Our team provides expert, compassionate legal support to help you secure the compensation you deserve. Whether your injury resulted from a workplace incident, medical negligence, motor vehicle accident, or another form of personal injury, our specialists can assess your case and provide free, no-obligation legal advice. We guide you through every step, ensuring your claim is properly valued and handled with care.
