Healthcare can be a demanding profession, both physically and emotionally. Nurses are often required to engage in physically challenging and repetitive tasks such as lifting and moving patients and equipment. It is important for nurses in Queensland to understand their rights to workers' compensation entitlements if injured in the workplace.
The prevalence of lifting injuries among nurses
Healthcare and social assistance rank among the six industries with the highest rates of workplace injuries, accounting for 19.1% of all serious claims in 2022-2023, with 26,500 serious claims made across Australia. Of these claims, approximately 6,500 involved musculoskeletal injuries to the chest, abdomen, pelvis, and back with many of these due to lifting tasks performed by workers.
Common nursing injuries caused by lifting and manual handling
Nursing staff who engage in manual handling and lifting tasks are at a higher risk of suffering musculoskeletal injuries. This type of injury involves the muscles, bones, joints, and connective tissues in the body. Many such injuries will require medical treatment and/or time off work, which could lead to an entitlement to workers' compensation.
The most common forms of these injuries are:
- muscle sprains and strains;
- ligament or tendon strains and tears;
- herniated discs;
- tendinitis of the shoulder, elbows and wrists;
- carpal tunnel syndrome.
The continuous physical strain placed on nurses means that these types of injuries can occur at any stage in their careers, either due to one incident or over time from repetitive strenuous activities.
The following are characteristics of hazardous manual tasks:
- Repetitive or continuous force;
- Intense, sudden, or unexpected force;
- Frequent or repetitive movements;
- Extended periods of awkward posture;
- Exposure to vibrations or jolting.
While many workplaces are now enforcing "No Lift Policies", nurses are still often exposed to significant risks of physical injuries when faced with tasks or emergency situations requiring the manual handling of patients and equipment in their workplaces. As many of these injuries require extensive recovery time and medical care, it is crucial for nurses to be aware of their legal rights to a safe working environment and their right's in accessing workers' compensation in Queensland.
What rights do nurses have to workers' compensation in Queensland?
In Queensland, all workers, including nurses and other healthcare professionals, who sustain injuries from lifting and manual handling in their workplace are entitled to claim workers' compensation. The Queensland legislation aims to protect injured workers in the form of financial support and covering medical expenses regardless of who is at fault.
If you are a nurse who has been injured as a result of lifting or manual handling at work, you may be entitled to the following compensation.
Weekly compensation for lost wages (weekly payments)
If you are no longer able to work due to your work-related injury, you may be eligible for weekly compensation payments that replace part of your regular income.
You can read more about these payments in our earlier blog, "Weekly payments if injured at work in Queensland".
Medical and rehabilitation expenses
The costs of medical treatment, rehabilitation and necessary aids or equipment related to your lifting or manual handling injury may be covered under workers' compensation.
Return to work support
Workers' compensation laws in Queensland encourage return-to-work programs which can help you gradually transition back to your job once you have been cleared medically.
Lump sum compensation for permanent impairment
If your lifting injury results in permanent impairment, it is possible that you will be eligible for a lump-sum compensation payment. If you accept a lump sum amount from WorkCover, and your injury was assessed at less than 20% degree of permanent impairment, it's important that you understand that you will no longer be able to pursue a common law claim against your employer for additional compensation (see below).
It is highly recommended you speak to a lawyer prior to making a decision regarding your lump sum offer.
Travel expenses
Some reasonable travel costs related to your medical treatment may also be covered under workers' compensation.
Common law compensation
A common law claim is in addition to the statutory workers' compensation entitlements listed above. Injured workers who have an accepted workers' compensation claim may also be able to bring a common law claim. Importantly, however, workers need to prove that the employer was negligent, contributing to their injury.
Further, as indicated above, if you accept an offer for a lump sum payment (under the statutory scheme) and your injury has been assessed at less than 20% degree of permanent impairment, you will not be able to pursue a common law claim against your employer for that injury. It's crucial that you seek legal advice prior to accepting any offer of a lump sum payment by WorkCover.
What to do if you are injured when lifting/handling patients/equipment at work?
If you experience a lifting injury as a nurse in Queensland, the following are crucial steps to follow in order to protect your workers' compensation rights and entitlements.
Report the injury to your employer
Report your injury to your employer as soon as possible. Ensure you document the injury clearly and keep detailed records of interactions with your doctors, employers and WorkCover.
Seek medical attention
Visit your doctor and have your injury assessed. You should obtain a certificate from your doctor confirming the injury is work-related. This certificate is a crucial part of your claim. Notably, this is not a standard 'sick leave' certificate. It is a specific certificate relevant to workers' compensation claims.
Submit a workers' compensation claim
Lodge your workers' compensation claim with WorkCover Queensland or your employer's self-insurer.
Keep up to date with your claim
WorkCover or the self-insurer will review your claim, assess your eligibility, and provide you with an outcome. WorkCover (or the self-insurer) has 20 days to respond to your claim and they must respond in writing.
If the claim is approved, you will receive compensation based on the severity of your injury and how your ability to work is impacted.
What can I do if my workers' compensation claim is rejected?
If your Queensland workers' compensation claim is rejected, you have options to have that decision reviewed. You have three months from the date of receiving an adverse decision, to request a review.
If you intend to request a review, you must lodge an application with the Worker's Compensation Regulator, an independent body separate to WorkCover. The Regulator has 25 business days (unless an extension is sought) to make a decision on your request for a review.
There are three primary outcomes the Regulator can make.
- It can determine that the original decision of WorkCover be dismissed and your worker's compensation claim proceed.
- It can uphold the original decision of WorkCover, meaning your claim is denied.
- It can make a variation to the original decision of WorkCover.
Reviewing a rejected application can often be a complicated and stressful process, so it is important to seek legal advice to help navigating through these difficult times.
Get help from a workers' compensation lawyer
If your workers' compensation claim is approved and benefits like weekly payments and medical expenses commence, you may want to consider your option for pursuing common law damages. Legal advice is essential in relation to common law claims as the process is usually highly complex.
If your workers' compensation claim is denied or you're dissatisfied with any other decision made by WorkCover (or the self-insurer), contact us to discuss your next steps.
At Hall Payne Lawyers, we have significant experience and expertise with workers challenges within the health industry. We work closely with nurses and other health professionals in relation to a range of workplace related issues, including compensation claims.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
