2.1.7 Specific injuries


2.1.7.1 Injury by gradual process | 2.1.7.2 Industrial deafness | 2.1.7.3 Diseases due to employment | 2.1.7.4 Proclaimed diseases | 2.1.7.5 Further injuries | 2.1.7.6 Differences between a continuation of a prior injury & further injuries | 2.1.7.7 Damage to aids, appliances, clothing and personal items


A range of injuries and diseases have been specifically mentioned in the legislation with an explanation of the conditions that must exist for them to be compensable.

2.1.7.1 Injury by gradual process

This is a special category of deemed compensable injury.

A worker or their dependants may be entitled to compensation irrespective of work contribution if their injury:

  • has occurred gradually over time and
  • is due to the nature of any employment in which the worker was employed prior to the giving of notice of injury.

The worker has to establish that the employment is of a type that either:

Exception for heart attacks and strokes

An exception to this is if the injury is a heart attack or stroke injury, which still must be significantly contributed to by employment to be compensable.

2.1.7.2 Industrial deafness

The legislation makes special provision for the compensation for industrial deafness.

See: Hearing loss

2.1.7.3 Diseases due to employment

The legislation makes special provision for diseases due to employment. If the worker establishes that a contracted disease is due to the nature of any employment in which they were engaged prior the commencement of their incapacity, they are entitled to compensation irrespective of whether the employment actually caused their disease. The nature of the worker’s employment must give rise to a significantly greater risk of the worker contracting the disease than had the worker not been employed in employment of that nature to be compensable.

An exception to this is if the injury is a heart attack or stroke injury, which still must be significantly contributed to by employment to be compensable.


 

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2.1.7.4 Proclaimed diseases

The Governor in Council may proclaim and publish in the Government Gazette certain diseases in relation to places, processes or occupations.

A worker or dependants of a worker with a proclaimed disease are entitled to compensation irrespective of whether work contributed to the disease unless WorkSafe proves that the disease was not due to employment.


It is optional that an independent medical examination in the appropriate speciality be arranged to confirm the presence of the disease.

See: Arrange independent medical examinations

List of proclaimed diseases

The following are proclaimed diseases under the legislation.

Code No Description of disease Description of process or occupation Rarity
822 Anthrax Wool combing, wool sorting, handling of or coming into contact with hides, skins, wool, hair, bristles or carcasses, work in connection with animals infected with anthrax, loading and unloading or transport of merchandise. Rare
302 Arsenic poisoning or its sequelae Any manufacturing or other process involving the use of or contact with arsenic or its preparations or compounds. Rare
783 Asbestosis (with or without mesothelioma) Any mining, manufacturing or other process which involves the use of or contact with asbestos. Rare
599 Avascular Necrosis or its sequelae Any occupation involving working underground or underwater where the worker is subjected to greater than normal atmospheric pressure and subsequent decompression. Rare
823 Brucellosis (Undulant Fever) Work in connection with animals or carcasses infected with the brucella organism.  
302 Carbon bisulphide poisoning Any manufacturing or other process involving working in contact with or the inhalation of carbon bisulphide gas. Rare
302 Carbon monoxide poisoning Any manufacturing or other process involving working in contact with or the inhalation of carbon monoxide gas. Rare
759 Chrome ulceration or its sequelae Any manufacturing or other process involving the use of or contact with chromic acid or bichromate of ammonium potassium or sodium or their preparations. Rare
302 Copper poisoning or its sequelae Any manufacturing or other process involving the use of or contact with copper or its preparation or compounds. Rare
741 Dermatitis venenata Any occupation involving the use of or contact with vegetable or mineral matter.  
302 Lead poisoning or its sequelae Any manufacturing or other process involving the use of or contact with lead or its preparation or compounds. Rare
825 Leptospirosis, as caused by any of the serotypes of the micro-organism Leptospira, in any of its clinical manifestations Any work done at abattoirs, slaughterhouses and knackeries involving contact directly or indirectly with animals or tissues of animals.  
988 Lung cancer with silicosis Any manufacturing or other processes involving exposure to the inhalation of crystalline silica dust.  
302 Mercury poisoning or its sequelae Any manufacturing or other process involving the use of or contact with mercury or its preparations or compounds. Rare
Inj 179 (burns)
Inj 302 (other)
Pathological manifestations due to radium and other radioactive substances or x-rays Any process involving exposure to the action of radium, radioactive substances or x-rays. Rare
302 Phosphorus poisoning or its sequelae Any manufacturing or other process involving the use of or contact with phosphorus or its preparation or compounds. Rare
302 Poisoning by benzol, its homologues or its nitro and amido derivatives and the sequelae of these poisonings Any process or occupation involving the production, liberation of or exposure to benzol its homologues or its nitro and amido derivatives. Rare
302 Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series Any process or occupation involving the production liberation or utilisation of halogen derivatives of hydrocarbons of the aliphatic series. Rare
841 Primary epitheliomatous cancer of the skin Any process or occupation involving the handling of or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of those substances.  
824 Q fever, as caused by micro-organism Coxiella burneti (also known as Rickettsia burneti) in any of its clinical manifestations Any work done at abattoirs, slaughterhouses and knackeries involving contact directly or indirectly with animals or tissues of animals.  
989 Scleroderma with silicosis Any manufacturing or other processes involving exposure to the inhalation of crystalline silica dust.  
839 Septic poisoning or its sequelae Any work involving the handling of meat or the manufacture of meat products or animal products in connection with the trade of a butcher or slaughterman.  
784 Silicosis with or without pulmonary tuberculosis Any manufacturing or other processes involving exposure to the inhalation of silica dust. Rare
526 Subcutaneous cellulitis or acute bursitis over the elbow (beat elbow) Mining  
526 Subcutaneous cellulitis or acute bursitis arising at or about the knee (beat knee) Mining  
526 Tenosynovitis (inflammation of the tendon sheaths of the hand, wrists, forearm or elbow) Any process or occupation connected with the preparation preserving, canning or bottling of jams, sauces, fruits, pickles or other similar foods for human consumption.  
302 Zinc poisoning or its sequelae Any manufacturing or other process involving the use of or contact with zinc or its preparations or compounds. Rare

 

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2.1.7.5 Further injuries

Sometimes, where a worker has a compensable injury and some progression of it occurs, an issue will arise as to the classification of that progression as a 'further injury' or a 'continuing injury'.

A further injury is an injury that is caused by a separate incident and results in a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease.

For information about a worker’s obligation to disclose pre-existing injuries and diseases, refer to: Pre-existing injuries & diseases | Failure to disclose pre-existing injuries & diseases

Agents must register a new file

Agents must register a new file for all further injuries such as recurrences or aggravations of pre-existing injuries. The date of injury is recorded as the date of the recurrence or aggravation and not the date of the original injury.

Explanation of recurrence, aggravation, acceleration, exacerbation and deterioration

Judicial interpretations of these words might help Agents assess which claims are for further injuries and which are for continuing injuries:

  • recurrence - causing an injury to occur again to the same degree
  • aggravation - causing an injury to be more grave or serious
  • acceleration - causing an injury to worsen more quickly
  • exacerbation - causing an injury to have a heightened effect, with greater suffering or incapacity, though without worsening the underlying injury or disease itself
  • deterioration - causing an injury to have new harmful or incapacitating symptoms.
Continuing injuries

A claim that is for a continuation of an original injury must be handled on the existing claim file.

A claim that relates solely to a prior compensable injury is treated as a continuation of the prior claim if:

  • there was no accident or obvious period of risk directly before the onset of the symptom/s
  • the activity was similar in nature or intensity to the usual activities that the worker does without harm.

Some of the major differences between a continuation of a prior injury and further injuries are summarised in Differences between a continuation of a prior injury & further injuries.

Example of a continuation of a prior condition

A carpenter cuts their hand at work and returns to work the next day. Later an infection develops in the cut which is not attributable to the present activities. The infection means further treatment is required and more time is lost. The further treatment and time lost are a continuation of the original injury and must be handled on the original claim file.

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2.1.7.6 Differences between a continuation of a prior injury & further injuries

The following chart summarises the major points of difference between a continuation of a prior compensable injury and further injuries.

Continuation of prior injury Further injury
s125(4) & s125A(4) AC Act
s72(5) WIRC Act
Criteria

No discernible contribution by employment.

No incident or period or risk directly before the onset of symptoms, or period of risk not much different from activities worker with the condition usually undertakes without harm.

Contribution by employment caused symptoms because worker predisposed to further injury due to pre-existing injury. Pre-existing injury must be work-related.
Employer threshold to be paid Yes Authority assumes employer’s liability for initial expenses.
Claim Same claim New Claim

2.1.7.7 Damage to aids, appliances, clothing and personal items

Workers who sustain an injury may be entitled to the reasonable costs of medical services received because of that injury.

Medical services include the provision and, as may be necessary from time to time (including at the time of the injury), the repair, adjustment or replacement of compensable aids or appliances.

Compensable aids or appliances are limited to:

  • crutches

  • artificial members

  • orthoses

  • eyes or teeth

  • spectacle glasses

  • hearing aids.

Agents can only pay reasonable costs for the above items.


Other items damaged at the time of the injury

WorkSafe will not pay for other aids and appliances not listed above, such as clothing and/or personal items damaged, misplaced or impacted at the time of the injury or illness, or by an incident contributing to a worker’s injury.

WorkSafe will also not pay for any items damaged, misplaced or impacted during employment whereby a work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment. injury or illness was not sustained and/or a claim for a work-related injury or illness has not been accepted.

Workers or employees may explore the claiming of reimbursement for such items through their own personal insurance or their employer.

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