10 Jan 2025Back pain is one of the most common injuries for nurses and paramedics, often caused by hurriedly lifting patients or equipment in high-pressure settings. This can lead to a lower back injury strain, rotator cuff injuries and tendonitis. Slips, trips and falls also contribute to these injuries.
Nurses dealing with staffing shortages, increased workloads and abusive patients
Hospital staff, nurses and ambulance workers are facing more pressure than ever, with staffing and bed shortages, attacks and abuse from troubled patients, bullying and increased workloads. This has led to a huge increase in the number of health workers submitting compensation claims for psychological and physical injury in the workplace.
Unfortunately, nurses and medical staff are also exposed to violent and confronting situations, which can lead to psychological illnesses. All too frequently, bullying and harassing behaviours from colleagues and employers can also cause severe psychological harm to workers.
Risk of back injury for nurses
Factors in the risk of back injury for nurses include sustained awkward postures, such as standing or sitting, bending and twisting, the duration and frequency of hazardous tasks, such as lifting or holding a patient, badly designed work areas; and the inadequacy and unavailability of manual handling aids. These risks are compounded by decreased staffing levels and increased patient loads.
Employers must develop and implement comprehensive strategies designed to minimise and eliminate the risks associated with manual handling to prevent back injuries. (Please see Protecting workers from hazardous manual handling position statement, Australian Nursing and Midwifery Federation, November 2023.)
The high rate of back injuries among nurses has led many healthcare providers to adopt a “no lift system” that uses special equipment to move patients. However, nurses may still have to lift patients and heavy equipment in emergencies.
Are nurses eligible for compensation for a back injury?
All workers may receive compensation if they sustain an injury while at work. If your injury prevents you from returning to work, you may also be entitled to a lump sum payment for total and permanent disability (TPD) through your superannuation fund.
If it can be established that the employer failed to provide adequate training, or the technical or physical assistance needed at the time, or that the employer was negligent, then there may be a case to pursue the employer for a work injury damages claim, opening up the possibility of an additional lump sum payout for past and future economic loss.
These types of compensation are different from the types of compensation available under the workers compensation laws. The statutory benefits include certain wage guarantees, payment of treatment expenses and separate lump-sum compensation entitlements.
What should I do if I receive a back injury while at work?
If you injure your back (or suffer some other type of injury or illness), you should first see a doctor for any necessary treatment. You should also tell your employer about the injury and how it happened.
If the injury occurred while carrying out your duties as a nurse or health care worker, then you may have a claim for compensation. The doctor’s reports and notes will form part of the evidence needed to claim compensation for your injuries.
Rights and entitlements under NSW law
If you have hurt yourself while at work, you should talk to a personal injury lawyer to guide you through the workers compensation process. A lawyer will be able to guide you through each step of the claims process and advise you regarding your rights and entitlements under the labyrinth of the NSW workers’ compensation laws.
These include the Workers Compensation Act 1987; the Workplace Injury Management and Workers Compensation Act 1998; and the Workers Compensation Legislation Amendment Act 2012.
Most workers compensation cases are also subject to government funding in a scheme similar to the well-known Legal Aid program. This means that the funding provider, IRO, will pay an injured worker’s legal fees, which might provide some relief to families which have lost a significant amount of their household income due to the injuries suffered by one of them.
The workers’ compensation process is complex and time limits apply. You should contact an experienced lawyer to help you along the road to recovery.
