Which workers’ compensation lawyers help with occupational overuse injury claims?

In summary: At Maurice Blackburn, our workers’ compensation lawyers handle occupational overuse injury claims, including repetitive strain injuries an employer refuses to acknowledge. You don’t necessarily need your employer’s agreement to claim, as the insurer assesses the claim against the medical evidence. We’ll confirm which scheme covers your employer, gather the evidence that shows the link to your work, and explain what your claim involves.

Can you claim workers’ compensation for a repetitive strain injury?

An injury that develops slowly can still be a work injury, and your employer’s view isn’t necessarily what decides it. While you’re managing the pain and your workload, we can take on the medical reports, the claim paperwork and the scheme’s questions.

You may be able to claim workers’ compensation where your work caused or aggravated the injury. Overuse injuries (often called repetitive strain injuries, or RSI) build up over time from repeated movements, forceful gripping, awkward postures or long stretches at a keyboard, and they include conditions like tendinitis, carpal tunnel syndrome and tenosynovitis. Because they develop gradually, these claims don’t rely on pinpointing one accident: the scheme looks at how your work is performed and at what your doctors find.

Does your employer have to acknowledge the injury for you to claim?

Your employer’s acknowledgement isn’t necessarily required. You lodge a workers’ compensation claim with the scheme that covers your employer, and the scheme’s insurer assesses it against the medical reports and the realities of your job. Your employer provides information about your duties and responds to the claim, and the insurer makes the decision.

An employer who insists the injury isn’t work related doesn’t necessarily prevent a claim, and the medical evidence may play a central role. If the insurer disputes the claim as well, the relevant scheme may have review processes, and we can explain the steps that apply to you and act for you through them.

Which scheme covers your employer?

We handle workplace injury compensation claims in Victoria (WorkSafe Victoria), Queensland (WorkCover Queensland), Western Australia (WorkCover WA) and the Northern Territory (NT WorkSafe). If your employer is covered by Comcare instead, we handle those claims nationally. Comcare is the scheme for certain Commonwealth employees, ACT Government employees and self-insured licensed employers. If you’re not sure which scheme applies, we’ll work that out with you first, because it shapes how your claim runs.

What evidence helps an overuse injury claim?

The evidence in these claims usually comes from two directions: your medical records and the story of how you work. Documents that can help include:

• medical records and reports showing your diagnosis and treatment, from your GP, physiotherapist or specialist
• details of your role, including your usual duties, tasks and hours
• hazard reports, incident reports or earlier complaints you made about the work
• emails or messages where you raised your symptoms with your employer
• a short diary of your symptoms, your treatment and any days off work

You don’t need the full set before you talk to us. Part of our first conversation is working out what you already have and what else would strengthen the claim.

What can an overuse injury claim cover?

Workers’ compensation schemes commonly provide income support while you can’t work, and payment for reasonable medical and treatment costs. We’ll confirm what your scheme provides and what you need to show.

Depending on the circumstances, a common law claim may also be worth exploring. A common law claim is a separate damages claim against your employer, and it sits on top of the scheme benefits. Availability and thresholds vary by state and territory. Time limits apply, and we’ll confirm the deadlines that apply to your circumstances.

Get in touch

If your employer won’t acknowledge a gradual injury, we can talk through where your claim stands. We’ll review your diagnosis and how your work caused it, and set out the claim steps and the evidence we’d need from you. It helps to have your latest medical certificate and any emails you’ve sent your employer about your symptoms with you. You can use our online claim check to share the details of your injury and the work that caused it, or call us on 1800 111 222.