Back injury from a NSW crash. Here's what it actually entitles you to.

The two kinds of back injury — and why it matters

Not all back injuries are treated the same way under NSW law. The whole claim hinges on one question: is it soft tissue only, or is there structural damage to a disc, a nerve, or a vertebra?

• Soft-tissue back injury — strained or torn muscles and ligaments, no disc or nerve involvement. Usually classed as threshold. Statutory benefits available, but the lump-sum damages claim is closed.
• Structural back injury — a disc bulge or herniation pressing on a nerve, a nerve root injury, sciatica with a clear cause, or a vertebral fracture. Usually non-threshold, which opens both extended treatment funding and the damages claim.

The injury itself decides it — not the pain level. Two people in identical pain can land on opposite sides of the line depending on what an MRI shows. See threshold vs non-threshold injury explained.

Why insurers dispute back injuries so hard

Backs are the single most contested area in NSW motor accident claims, and the reason is medical: degenerative change is almost universal. By the time you're 40, a scan of most people's spines will show some disc wear, some narrowing, some arthritis — completely unrelated to any crash.

Insurers use that. The two arguments come up again and again:

• "It's pre-existing." The scan shows degeneration, so the crash didn't cause it.
• "It's just an aggravation." The crash only briefly stirred up something that was already there, so benefits should be limited.

Both can be answered with the right evidence — a clear before-and-after clinical history, and a treating specialist who can distinguish age-related change from injury. The fact that you have some wear on a scan doesn't mean the crash didn't injure you.

Pre-existing back problems and aggravation

If you already had a dodgy back, you can still have a claim. NSW law doesn't require a perfect spine. What it looks at is the change the crash caused — new symptoms, new restrictions, new treatment needs on top of your baseline.

The key is honesty and documentation. Tell your GP exactly what your back was like before the crash and how it changed after. A history that quietly hides a prior back problem does far more damage when the insurer finds the old records — and they will.

What CTP funds for a back injury

Investigation and treatment

• GP and specialist (orthopaedic, neurosurgical, pain medicine) review.
• Imaging — X-ray, CT, and MRI where a doctor orders it. The MRI is often the decisive test.
• Physiotherapy and exercise physiology — usually the backbone of recovery.
• Hydrotherapy for cases where land-based exercise is too painful early on.
• Pain management — medication, and referral to a specialist pain clinic for persistent cases.
• Spinal injections or surgery in serious disc or nerve cases, where a treating specialist supports it.

Income support

Weekly payments while you can't work — 95% of pre-injury earnings for the first 13 weeks, then 80% from week 14 to 52. Back injuries that limit lifting, bending or prolonged sitting often mean a longer time off physical work, so the income side can be significant.

The damages claim (non-threshold only)

If the injury is structural, the lump-sum claim opens up. For backs the future economic loss component is often the largest — a disc or nerve injury can permanently limit heavy work, trades, and roles that involve sitting or standing all day. See the damages claim explained.

What to do right after the crash

1. See a GP early and mention the back specifically. Even if the neck or something else hurts more at first, name the back symptoms so they're on record.
2. Get the CTP claim in inside 28 days. See the 28-day rule.
3. Follow the imaging through. If a doctor orders an MRI, get it. The classification — and therefore the whole claim — can rest on what it shows.
4. Be straight about any prior back issues. Disclose them. An honest aggravation claim is far stronger than one that unravels.
5. Don't accept an early offer before the structural picture is clear. Back injuries look very different at 3 months versus 12.

What we do for you

We run the full claim — statutory benefits from the start, treatment funding chased through recovery, and the disc-and-nerve evidence built carefully so the classification reflects the real injury. When an insurer leans on the "pre-existing" line, we answer it with the medical record. We don't take a contingency cut from your damages.

Take the short check at /check, or call (02) 7238 7379 and a real person picks up.