If you have suffered a work-related slipped disc, bulging disc, herniated disc or ruptured disc, then you may have a workers' compensation claim through the workers’ compensation scheme in your state or territory.
Learn more about work-related bulging discs and slipped discs, whether you’re eligible to claim for your injury and how we can help you.
Understanding spinal disc injuries
Your spine has 23 discs made of fibrocartilage and filled with a ‘gel’ like fluid. They act as a ‘cushion’ to absorb pressure between spinal vertebrae. Spinal injury or normal wear and tear (with age) can cause discs to degenerate, protrude from between vertebrae, or rupture.
Spinal disc injuries can vary in severity and pain, depending on the injury and where it’s located. Many spinal disc injuries are considered serious injuries and can be debilitating, with significant impact on your work and daily life.
What is a bulging disc
A bulging disc is when a disc bulges from between vertebrae. It can touch a nerve, causing significant back pain and/or referred pain down your arm or leg.
What is a slipped disc or herniated disc
A slipped disc is when the outer layer of the disc tears, allowing the inner gel like fluid to escape (and press on a nerve). There isn’t really a difference between slipped and herniated discs. They’re also known as protruding discs and prolapsed discs.
Causes of bulging discs and slipped discs
Workplace related spinal disc injuries can be a single incident or a buildup of incremental incidents over time. Common causes of workplace spinal disc injuries, such as bulging discs and slipped discs, include:
Lifting heavy objects, particularly if you use your back muscles instead of your leg and thigh muscles
A single traumatic injury, such as a work-related car accident
Awkward movement, such as if you lift an object while turning
Body stress through lifting, pushing, pulling, leaning over, or bending
Falling, slipping, or tripping
Repetitive movements, such as standing or sitting for prolonged periods
How do you know if you’ve got a bulging disc or slipped disc
The main symptom of a bulging disc, slipped disc or herniated disc is pain, which is made worse by movement. Other common bulging disc symptoms (or slipped disc, herniated disc symptoms) include:
Pain at the site of your disc injury
Pain that radiates from your disc injury (eg a bulging disc in your lower back could cause back pain that also radiates to your buttocks and legs)
Numbness or a tingling sensation (if your bulging disc or slipped disc is pressing on a nerve)
Sciatic pain if your bulging disc or slipped disc is pressing on your sciatic nerve (which runs from your lower back down the back of your leg)
Muscle weakness
When you need medical help for a bulging disc or slipped disc
See your GP if your back pain or neck pain interferes with your daily life. Seek immediate medical attention (such as a hospital Emergency room) if you also experience:
Trouble controlling your bladder or bowel
Numbness in your limbs
Difficulty moving your limbs
Fever
How is a bulging disc or slipped disc diagnosed?
Spinal disc injuries are diagnosed by imaging such as an MRI, CT scan or X-ray.
What happens if your bulging disc or slipped disc was caused by your work?
If your bulging disc injury or slipped disc injury occurred because of your work, you may be entitled to seek workers’ compensation. We recommend seeking legal assistance as soon as possible after sustaining a bulging disc or slipped disc injury, to ensure that you claim within strict time limits set by workers’ compensation laws.
Our client Maria’s bulging disc compensation payout Australia
Our client Maria shared her story about her bulging disc injury on Shine Lawyers’ Restitution podcast:
Maria worked in a warehouse, packing stock for Aldi supermarkets. She regularly lifted boxes weighing up to 20kg, often reaching over to lift from the back of pallets
After a normal working day, Maria noticed her back was sore. She went home, took a couple of painkillers and worked the following day and then went straight to her doctor
Maria’s doctor cleared her only for light duties, which Maria did for three weeks before being referred for scans, which confirmed:
A bulging disc at L4 / L5
Bulging discs at C5 / C6 / C7
With medication and taking great care with her movements, Maria worked for three more years on light duties at Aldi
Maria saw an independent doctor, who told her employer that she was a liability due to her bulging disc injury
Maria lost her job and had to go on unemployment benefits, which ‘broke her’
Her marriage broke up and Maria was homeless for 6 months, couch-surfing with her 12-year-old son. She then lived in a caravan for 12 months
Maria felt like she’d failed her children and herself and decided to seek legal advice, hoping that Aldi would accept liability for her bulging disc injury
How Shine Lawyers helped Maria
Shine Lawyers took Maria’s case to trial, seeking damages for Aldi’s negligence in causing Maria’s bulging disc injury. On the second day of trial, Aldi admitted liability. A confidential financial settlement was then reached, which meant Maria:
Could move into a house
Had financial security into her retirement
Maria’s advice for anyone with a bulging disc or other injury
Knowing what she knows now, Maria would advise anyone with a workplace injury to seek legal advice sooner rather than later. Things can change in the blink of an eye. If you’re injured at work, it’s important to seek legal advice about your eligibility for compensation.
Restitution podcast
Restitution is an Australian law podcast. It shares stories about people who have been injured, and how Shine Lawyers helped them to right wrong and protect what matters .
What workers’ compensation could you claim for back injuries?
The amount of workers’ compensation for back injuries varies depending on several factors, including:
The work-related circumstances of your bulging disc injury or slipped disc injury
Whether you had any responsibility for your work-related injury
Your age
The severity of your injury and its impact on your life and work (including whether you can return to your pre-injury role)
The financial impact of your injury
Workers’ compensation for back injuries such as a bulging disc or slipped disc could include:
Medical, hospital and rehabilitation expenses for your back injury and any related psychological injuries
Cost of travel for treatment
Home care, including nursing
Return to work services such as education and retraining
Other types of compensation for a bulging disc or slipped disc injury at work
Depending on the circumstances and severity of your injury, you may be entitled to other forms of slipped disc or bulging discs compensation payouts in Australia.
Permanent impairment benefit claim
You may be entitled to make a permanent impairment or whole person impairment lump sum claim, if your work-related bulging disc injury means you have:
A permanent impairment, and
You can’t return to work
Superannuation and Disability Insurance
If you can’t work because of your bulging disc or slipped disc injury, you might be entitled to benefits through your superannuation or other insurance policies. We can make a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim.
Common law damages claim
If:
You meet the definition of “worker”
You sustained an injury
Your injury arouse out of or in the course of your employment
Your employment was a significant contributing factor to the injury
you may be able to claim common law damages, which are awarded in a lump sum to cover pain, suffering and financial loss.
Why trust Shine Lawyers with your bulging disc or slipped disc injury claim
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation free initial consultation so you can understand your rights and know where you stand.
*Conditions apply
