Are you experiencing pain or discomfort that you believe might be related to your job? Many people mistakenly assume that physical ailments arising from repetitive tasks are simply part of the job. However, in certain circumstances, these conditions can be classified as workplace injuries. This blog post will explore the concept of wear and tear injuries and provide guidance on whether you may be entitled to compensation.

What is a wear and tear injury?

A wear and tear injury is a physical condition that develops gradually over time due to repeated stress or strain on the body. This often occurs in physically demanding occupations like construction, manufacturing, mining, and healthcare. Common symptoms include spinal pain, arthritis, and repetitive strain injuries.

Is wear and tear compensable?

While general wear and tear is not usually compensable, if your work activities have contributed to or exacerbated existing physical conditions, you may have a valid claim. In many cases, these conditions may be asymptomatic until work-related factors trigger symptoms.

To successfully claim compensation for a wear and tear injury, you generally need to prove the following:

  • Your work activities were a contributing factor to your injury.
  • Your condition has worsened due to your employment.
  • You have suffered a loss or impairment as a result of the injury.

Common questions about wear and tear claims:

  • How do I prove my work caused my injury? Medical records, witness statements, and expert medical evidence can be crucial in establishing a link between your work and your injury.
  • What kind of compensation can I claim? If your claim is successful, you may be entitled to compensation for medical expenses, lost wages, and in some circumstances, lump sum compensation for the injury.
  • What is the time limit for making a claim? In NSW, you generally have 3 years from the date you become aware of the injury and its connection to your work to lodge a claim.

Read more about wear and tear and compensation law here.

Why choose Whitelaw McDonald Lawyers?

Navigating the complexities of workers’ compensation law can be overwhelming. At Whitelaw McDonald Lawyers, our experienced team understands the challenges you’re facing. We will thoroughly assess your case, gather the necessary evidence, and advocate for your rights to ensure you receive the compensation you deserve.

Don’t let your health suffer

If you believe your work has contributed to a worsening of your physical condition, don’t hesitate to seek legal advice. Contact Whitelaw McDonald Lawyers today for a free initial no-obligation consultation.

Call us today:

  • Newcastle: (02) 4941 8999
  • Central Coast: (02) 4343 7000
  • Sydney: (02) 9238 2120
NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.