Can I claim compensation as someone with chronic pain or illness?

Are you suffering from chronic pain or illness? You may be entitled to compensation.

Chronic pain, chronic illness and the symptoms associated with these conditions are not well understood, and many of those suffering from pain are led to believe that there is nothing they can do about it. However, if the chronic pain or chronic illness you are suffering from is a result of a workplace injury or the conditions of your work; you can in fact make a claim for compensation. In this blog, we will explore what constitutes chronic pain and the options available to you.

What constitutes a chronic pain or illness? 

In Australia, chronic illness is defined as a pain that continues 3-6 months after the initial injury has healed. The key point being that the pain is experienced most days of the week. Although the injury has healed, chronic pain can still impact your ability to work, and you may you may find it difficult to perform actions quickly or with precision. 

For instance, complex regional pain syndrome (CRPS) can eventuate from an injury and cause chronic pain in the arm or leg.  

Causes of chronic pain or illness include;

  • Cancer
  • Severe lower back pain 
  • Osteoporosis
  • Arthritis
  • Depression
  • Motor neurone disease
  • Parkinson’s disease

If left untreated, chronic pain or chronic illness can greatly affect your mood and sleep, which can in turn lead to anxiety or depression. If you are wondering about your options to make a claim, you can speak to our expert workers compensation lawyers.

What are the available compensation options?   

The good news is that if you are suffering from chronic pain or illness, you could be eligible to make a claim for compensation.

You may be able to make a workers compensation, and/or a TPD and/or Income Protection claim depending on the circumstances of your injury or condition and your insurance.


Workers Compensation Claim

The challenge with chronic pain and illness could be showing the connection between the workplace and the pain. Documentation is very important with any compensation claim, and this also goes for chronic pain and illness. Our team of experienced lawyers are here to assist you with a workers compensation claim.


Income Protection Claim

Income protection is an insurance policy for your salary, which provides you with monthly payments of about 75% of your salary and is paid for 2 or 5 years, but may also continue until you reach 60, 65 or 70 depending on the terms of your policy.


Total Permanent Disability (TPD) Claim

If you are suffering from chronic pain or illness you may be able to make a TPD or income protection claim through your superannuation fund if you hold the relevant insurance. 

TPD insurance for chronic pain or illness is made by lodging a claim with your superannuation fund. Usually, super funds will provide TPD cover and, when you make a successful claim, a lump sum amount will be paid to you.

If you have access, and your chronic pain is serious and ongoing, you may be able to claim both income protection and TPD. 

How do I make an income protection or TPD claim? 

To claim income protection or TPD insurance, you do not need to prove any fault on the part of your employer. What you do need to show is how your chronic pain or illness prevents you from performing your job to the full capacity.

Medical evidence is important when proving your condition or illness. You need to ensure you record your conditions and symptoms with your treating doctor over time. This information will form part of the evidence to prove the extent of your condition or illness and the timeframe during which you were incapacitated or unable to return to work, which are crucial to make a successful claim to obtain a lump sum or periodic payment.

Speak to a personal injury specialist 

A personal injury lawyer will ensure you maintain financial security despite your chronic pain or illness. Contact the personal injury specialists at Masselos & Co for professional support to make your claim. Book your free consultation today

We’re here to help

Call or book an appointment with us today

Get in touch today

Our expert lawyers are on hand to answer any questions you might have, with no obligation.