When a nurse sustains an injury at work, the consequences extend far beyond the immediate physical or psychological trauma. Workplace injuries can disrupt financial stability, hinder career progression, and affect overall wellbeing.
Nurses, who are essential members of the healthcare system, frequently encounter high-risk situations, making them particularly vulnerable to injuries.
Recent statistics from Safe Work Australia reveal that healthcare and social assistance workers represent 19.1% of all serious workplace injury claims in Australia between 2022 and 2023.
Alarmingly, the same report shows that in this group, claims have surged to 26,500 when compared to 18,897 in 2016-2017. This article explores the most common injuries sustained by nurses and their rights under New South Wales workers’ compensation laws.
Common Types of Injuries
Physical Injuries
The physically demanding nature of nursing presents a continuing risk of unforeseen injuries. A 2023 meta-analysis of 42 studies from various countries, including Australia, revealed that 77.2% of nurses experience work-related musculoskeletal disorders annually.
The top affected areas include:
- Lower back: Caused by repetitive lifting, patient transfers, and prolonged standing.
- Neck: Resulting from awkward postures during complicated medical procedures.
- Shoulders: Due to repetitive overhead movements and poor ergonomic practices.
Psychological injuries
A 2021 position statement by the Australian College of Nursing reported that up to 95% of healthcare workers have reported workplace harassment or assault. Additionally, research by Monash University reveals that psychological injuries in Australia’s healthcare sector account for 9.6% of all claims, nearly double the rate in other industries (5.5%). Key data includes:
The commonly reported types of psychological injuries include:
- Stress/anxiety
- Depressive disorders
- Post Traumatic Stress Disorder (PTSD)
These injuries are caused by:
- Workplace harassment/bullying
- Work pressure
- Occupational violence
This highlights the necessary need for prevention and early intervention in the healthcare sector to minimise both the frequency of psychological injuries and associated disabilities.
Chopra v State of NSW: A Landmark Case
A pivotal legal decision in 2023, Chopra v State of NSW (South Western Sydney Local Health District) [2023] NSWCA 142, established critical precedents for protecting the rights of a nurse injured at work, particularly those suffering psychological injuries.
Case Overview
Ms. Chopra, a nurse at Blacktown Hospital, was assaulted by a patient during her shift, sustaining physical injuries and post-traumatic stress disorder (PTSD). Following the incident, she pursued workers’ compensation and later filed a claim for Work Injury Damages.
Legal Dispute
The hospital required Ms. Chopra to undergo psychometric testing, despite her medical evidence warning of potential harm. The NSW Court of Appeal ruled in her favour, emphasising the need to prioritise medical evidence over unnecessary and harmful assessments such as the psychometric testing.
Key Legal Takeaways
- Medical evidence must be carefully considered before ordering further testing.
- Workers retain the right to refuse assessments likely to worsen their condition.
- Cultural factors and the efficacy of assessments must be considered in testing.
This case is a revolution in for ensuring that the rights of a nurse injured at work are respected, particularly in cases involving psychological injuries.
Compensation Entitlements for Nurses in NSW
A nurse injured at work in New South Wales is entitled to benefits under the Workers Compensation Act 1987 (NSW). This includes:
Weekly Payments
- 95% of pre-injury earnings for an initial period of 13 weeks.
- Adjusted payments based on work capacity for ongoing cases.
Medical Expenses
- Coverage for surgeries, therapies, and other necessary treatments.
- Rehabilitation services to support recovery and return to work.
- Reimbursement of travel expenses and, where applicable, home care services.
Permanent Impairment Claims
- A minimum 11% whole-person impairment threshold for physical injuries.
- A minimum 15% threshold for psychological injuries.
- Lump sum payments for those who meet the threshold.
What to Do When Injured at Work
Taking prompt and appropriate steps is essential to ensure a successful compensation claim, which includes the following:
- Report the Incident: Notify your employer immediately. This creates a formal record of the injury and initiates the workers’ compensation process. Complete an incident report form (if available) and keep a copy for your records.
- Seek Medical Care: Visit a doctor promptly to assess your injury. Obtain a Certificate of Capacity, detailing your ability to work and any restrictions. This medical report is vital evidence for your claim.
- Document the Incident: Gather evidence, such as:
- Photos of the injury and the incident site.
- Witness statements from colleagues who were present during the incident.
- Detailed account, including the date, time, and how the injury happened.
Lodging a Claim
- Complete the Workers Compensation Claim form: Provide details about the injury, your duties, and how the incident occurred. Ensure all information provided is accurate.
- Attach Supporting Medical Documentation: Include medical reports and your Certificate of Capacity, outlining treatment and work restrictions.
- Document All Expenses: Keep receipts for medical bills, travel to appointments, and home care services. These ensure reimbursement for injury-related costs.
Following these steps will help streamline your claim and secure the support you’re entitled to under NSW Workers’ Compensation Act.
Prevention and Safety Measures
Healthcare employers play a crucial role in preventing injuries. They must:
- Provide ergonomic equipment to minimise strain.
- Ensure adequate staffing to reduce burnout and fatigue.
- Train employees in injury prevention and de-escalation strategies.
- Implement strict emergency protocols to handle patient aggression effectively.
For nurses, adopting proper techniques during patient handling and regularly participating in safety training can mitigate risks.
How We Can Help
Navigating workers’ compensation claims can be daunting, especially for a nurse injured at work. At Gajic Lawyers, our experienced Workers Compensation Lawyers provide:
- Expert guidance on navigating claims and securing entitlements.
- Up-to-date knowledge of cases such as Chopra v State of NSW, which influence current compensation laws.
We are committed to ensuring you receive the full benefits you’re entitled to while protecting your rights throughout the process.
Conclusion
The risks nurses face in their line of duty are undeniable, whether physical, psychological, or a combination of both. For a nurse injured at work, understanding their legal rights is critical to achieving a fair outcome. The case of Chopra has significantly improved protections for injured healthcare workers, but navigating the claims process requires expert legal guidance.
If you’ve been injured at work, get in touch with one of our Workers Compensation Lawyers Sydney or Cabramatta Workers Compensation Lawyers to discuss your case and secure the compensation you’re entitled to.
