In Australia, degenerative disc disease can qualify as a disability, affecting your eligibility for various support systems and workplace accommodations. This article covers the legal criteria, impacts on employment, and how to navigate compensation claims, providing a comprehensive guide to understanding your disability rights and benefits.
Understanding Degenerative Disc Disease as a Disability in Australia
Knowing if Degenerative Disc Disease qualifies as a disability in Australia helps you know if you can make a disability claim and the benefits you can access for financial stability. Let’s break it down:
Is Degenerative Disc Disease Considered a Disability in Australia?
Absolutely, Degenerative Disc Disease can be recognised as a disability in Australia, depending on specific legal criteria, your medical history and solid medical evidence.
Australian social policy law defines the requirements for this condition to be considered a disability. Crucial to this process is medical evidence, including a diagnosis from a specialist. It’s not just about reporting your symptoms; it must be medically confirmed.
Remember, these medical reports are part of a larger picture. Assessing spinal function involves a set of descriptors under Table 4, and meeting all criteria for a given impairment level is necessary. This detailed evaluation determines the extent of your disability.
While self-reported information might seem less significant, it plays a key role in identifying disabilities caused by chronic conditions like Degenerative Disc Disease. Accurate reporting of your symptoms is essential for a thorough assessment.
How Hard is it to get disability for degenerative disc disease?
Qualifying for disability benefits in Australia is relatively straightforward, as long as you have robust medical evidence to prove your condition. For example, the Australian Department of Social Security administration uses impairment tables to assess work-related impairment for a disability support pension.
For social security disability benefits, Australian social security administration staff will require evidence from a specialist doctor.
For other disability claims, an insurance company requires an independent physical examination and a detailed report showing the severity of your medical condition and how it prevents you from working.
The Impact of Degenerative Disc Disease on Employment
Dealing with Degenerative Disc Disease can make certain jobs, especially those involving manual labour or long periods of sitting, quite challenging. The physical demands of manual labour jobs can worsen the condition, affecting your ability to perform tasks and limiting future or continued employment prospects in the industry.
The disease may even be considered work-related depending on the specific circumstances and job responsibilities involved. This means that if your job has contributed to the worsening of your condition, you may be entitled to claim workers’ compensation benefits.
How do you adjust to workplace limitations due to Degenerative Disc Disease?
Adjusting to workplace limitations involves creating an ergonomic workspace, requesting flexible work hours, and asking for accommodations for chronic pain. These adjustments can significantly ease the condition’s impact.
- Creating an ergonomic workspace is vital. Proper chair and computer equipment placement can reduce pain, and desks that allow you to alternate between sitting and standing can help alleviate discomfort.
- Adjusting the lighting and temperature in your office can also effectively manage symptoms. Positioning workspaces closer to restrooms or away from noisy areas can also provide additional relief.
- Employers can also provide flexible work hours and additional break times to help employees manage pain levels and incorporate necessary movement.
If not already present, requesting your workplace provide reasonable accommodations not only minimises the possibility of a future workers’ compensation claim but can also boost the overall productivity of those suffering from various medical conditions.
What If I Can't Work Anymore?
In severe cases, Degenerative Disc Disease, (including herniated disc injuries) can prevent people from working altogether. The severe pain can make it difficult not only to continue employment but also impact your everyday life.
Everyone’s situation is unique. But for those who can’t work, it’s crucial to explore financial support options such as:
- A Total and Permanent Disability payout
- Workers compensation claim
- Disability benefits
- Social security benefits
- Personal injury claims
When work becomes impossible due to severe symptoms, consulting an insurance claim lawyer can help you understand your rights and entitlements. It’s free to know your rights, Call Now: 1300 873 252
Disc Disease Disability Claim Payouts
Most Australians have an account with a superannuation fund that also contains life cover and disability insurance policies. Hence, when disc degeneration or other degenerative disc disease stops you from working in your usual occupation, you can make a total and permanent disability claim and get a lump sum payout.
Super TPD payouts can be substantial, with $500k being a typical sum. But some lucky Aussies can make multiple TPD claims and receive much more. Our disability claim specialists have a 99% success rate, and all our legal services are 100% no-win, no-fee.
It’s free to know if you can claim and the value of your payout. Call now: 1300 873 252
Claiming Compensation for Degenerative Disc Disease as a Disability
Living with Degenerative Disc Disease can be incredibly challenging, significantly when it impacts your ability to work. But knowing your rights and claiming compensation can provide much-needed financial relief.
What compensation benefits can be claimed for Degenerative Disc Disease?
In Australia, if degenerative disc disease is linked to your job, it may be covered under workers’ compensation. You can also claim a lump sum settlement when above the threshold for whole personal impairment. The compensation benefits for Degenerative Disc Disease may include:
- Disability payments
- The cost of ongoing treatment
- Medical expenses
- A cash settlement
- A permanent impairment lump-sum payout
The process is not easy. Filing a claim means:
- Reporting the incident to your employer
- Seeking appropriate medical treatment
- And submit the required claim form on time.
Even after following these steps, employers and insurers may still contest the claim, making it crucial to have robust evidence to support your case.
Navigating Workers Compensation Claims
For those experiencing severe symptoms of Degenerative Disc Disease, workers compensation can provide critical support. This can cover various aspects such as medical expenses, weekly payments, and lump-sum payments, keeping in mind that there are specific deadlines.
For instance, in Queensland, workers’ compensation claims for Degenerative Disc Disease must be lodged within six months of discovering the injury, and court proceedings must begin within three years of the injury date.
Navigating workers’ compensation claims, including workers comp claims, can come with challenges. For instance, insurers may be sceptical about the severity of your pain, potentially leading to rejected claims. But don’t lose heart. Initially rejected claims, such as those for surgery, can often be successfully overturned upon contesting.
Be mindful that in some cases you may see a premature cessation of weekly workers compensation benefits. However, with proper evidence, payments can often be reinstated.
If you work in a physically demanding position, you could prove that the physical demands of your job or a workplace accident exacerbated your degenerative disc disease. Then you could be eligible to make a claim for disc disease workers’ compensation and permanent disability benefits, including permanent partial disability.
Can you claim compensation beyond workers comp?
Workers compensation isn’t the only avenue for financial support. You may be able to obtain workers compensation benefits and pursue more personalised arrangements of financial compensation beyond workers comp through personal injury claims, and work injury damages.
To be eligible for a workers compensation claim or a personal injury claim, factors like the severity of the injury, the amount of loss suffered, the age of the claimant, and the time required to recover are all taken into account — often requiring the expertise of a personal injury or workers compensation lawyer to assist in supporting your claim.
However, to claim workers comp benefits in the form of work injury damages, specific requirements must be met. Claimants must provide strong evidence of employer negligence and have a minimum of 15% permanent impairment verified by an insurer or the Workers Compensation Commission.
A workplace injury damages lump sum, including lost wages, can be pursued by workers who suffer from Degenerative Disc Disease due to employer negligence. A lot of people are unaware of this additional benefit, but when impairment is assessed as being at least 15% and there was demonstrated employer negligence, a claimant may be entitled to a lump sum payout under common law.
Navigating these processes can be overwhelming especially if work is becoming impossible due to severe pain and symptoms. That’s why consulting a legal professional can help you understand your rights and options, ensuring you secure the compensation you deserve and maintain your financial stability if you’re struggling with starting a compensation claim on your own.
Aussie Injury Lawyers: Your Ally in Claiming Compensation
Navigating the complexities of claiming compensation can be daunting. That’s where we at Aussie Injury Lawyers step in as your reliable ally. We operate on a No Win No Pay model, so you only pay legal fees if your claim is successful. Plus, with upfront, capped, or fixed pricing, there are no surprises with legal costs.
Why choose Aussie Injury Lawyers:
- We cover all legal costs until your case is won, reducing your financial risk.
- Free initial consultations to evaluate the validity of Total and Permanent Disability (TPD) claims.
- A remarkable 99% claim success rate, especially for compensation claims related to spinal injuries.
Degenerative Disc Disease can severely impact your employment and quality of life. However, it can be recognised as a disability under Australian law, qualifying you for financial support like workers compensation. While navigating the workers compensation system is complex, professional help from Aussie Injury Lawyers can make securing the financial aid you need much easier.
If you’re dealing with Degenerative Disc Disease and need support, don’t hesitate to reach out. Contact us today or visit our Personal Injury Lawyers page for more information.
Degenerative Disc Disease Disability FAQS
Is degenerative disc disease a permanent disability?
In Australia, degenerative disc disease may or may not be considered a disability depending on the frequency and severity of pain.
For some people this condition happens less often and with less discomfort which means they can still work. While others have a long term disability because the pain is more frequent and severe.
Is a herniated disc a permanent disability in Australia?
People living with herniated discs can qualify for a permanent disability claim when they are medically assessed as having a permanent impairment that prevents them from working.
What spine disorders qualify for disability in Australia?
According to the Australian Department of Social Security Guide Nov 2024, common medical conditions involving spinal discs or spinal function that qualify for disability benefits include (but are not limited to):
- Spinal cord injury
- Spinal stenosis
- Severe disc degeneration
- Cervical spondylosis and radiculopathy
- Lumbar radiculopathy
- Herniated or ruptured spinal disc
- Spinal cord tumours
- Chronic pain affecting the spine
- Arthritis or osteoporosis involving the spine.
