Is a back injury a threshold injury in NSW?

A simple soft tissue back injury usually is; one with radiculopathy caused by the crash is not, as Susak (2025) shows.

Can I sue a builder if I was hurt on site?

Yes, but you must prove someone was negligent; in Bartlett (2025) the co-worker was never identified and the win was overturned.

Is there a threshold for pain and suffering?

Yes; under the Civil Liability Act, non-economic loss must be at least 15% of a most extreme case.

What is the statute of limitations for back & spine claims in New South Wales?

3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a tolling exception.

NSW

★ New South Wales · back & spine

Back & spine settlements
in New South Wales.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 30 September 20269 min read

A driver with ongoing lower back pain, who had about 100 physiotherapy sessions and was advised to have urgent L5/S1 surgery the insurer declined, was found to have radiculopathy caused by the crash, so his injury was not a limited threshold injury; the insurer’s appeal failed. A concreter hurt lifting a concrete hose on a Sydney CBD site won more than $2.5 million at trial, but the Court of Appeal allowed the builder’s appeal.

Facts that decide a back & spine claim in New South Wales

Radiculopathy matters	A lumbar injury with radiculopathy caused by the accident is not a threshold injury, which opens up fuller benefits and damages.Allianz v Susak [2025] NSWCA 91
Workers compensation is repaid	An insurer that paid workers compensation (about $700,000 in Bartlett) is entitled to recover it from an award of work injury damages, under s 151A of the Workers Compensation Act 1987.De Martin & Gasparini v Bartlett [2025] NSWCA 56
Non-economic loss threshold	No damages for non-economic loss “unless its severity is at least 15% of a most extreme case”; above that, the court fixes a percentage of a most extreme case.Civil Liability Act 2002 (NSW) s 16(1), as quoted in Delaney v Federation Council [2025] NSWDC 141

★ NSW · reported back & spine outcomes

What New South Wales courts have awarded.

Real New South Wales decisions and verdicts, each linked to the court record or official report.

Allianz Australia Insurance Ltd v Susak
NSW Court of Appeal · 2025
Insurer’s appeal dismissed
After his crash, Mr Susak had lower back pain that persisted. In February 2021 a surgeon recommended an urgent L5/S1 microdiscectomy, which the insurer declined; he had about 100 physiotherapy sessions and could not return to work. A review panel found radiculopathy caused by the accident, so the lumbar injury was not a threshold injury. The Court of Appeal dismissed the insurer’s appeal.
De Martin & Gasparini Pty Ltd v Bartlett
NSW Court of Appeal · 2025
Trial judgment over $2.5 million set aside
On 26 April 2018 Dustin Bartlett, a concreter and linesman supplied by a labour hire company, was injured on a Sydney CBD building site while lifting a concrete hose with another worker, and suffered a back injury. At trial he won more than $2.5 million against the builder and more than $1.6 million against the workers compensation insurer. The other worker was never identified, and the Court of Appeal allowed the builder’s appeal on whether that worker’s negligence had been proved.

★ NSW · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in New South Wales.

1
Ask your doctors to test for nerve involvement; it can change how the claim is classified.
2
On labour hire sites, identify exactly who employed each worker involved.
3
Keep records of treatment the insurer declines; it matters in later disputes.

★ NSW · statute of limitations

3 years from discoverability

Limitation Act 1969 (NSW) s 50C

★ NSW · fault rule

Common-law contributory reduction

Contributory-negligence reduction under the Civil Liability Act 2002 (NSW). Above 100% claimant fault, recovery is barred.

★ NSW · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in New South Wales.

Non-economic loss cap
Civil Liability Act PI
AU$734,500 (2024), annually indexed
Civil Liability Act 2002 (NSW) s 16
Minor injury threshold
CTP non-economic loss damages
>10% WPI
MAIA 2017 (NSW)

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How New South Wales's fault rule and limitation period compare to jurisdictions in the same Australia region and to those running the same fault rule for back & spine claims.

Jurisdiction	Fault rule	Limitation	Back & spine page
New South Wales · you are here	Common-law contributory reduction	3 years from discoverability	—
Victoria	Common-law contributory reduction	3 years from discoverability (subject to 12-year longstop)	VIC · back & spine →
Queensland	Common-law contributory reduction	3 years from discoverability	QLD · back & spine →
Tasmania	Common-law contributory reduction	3 years from discoverability	TAS · back & spine
Australian Capital Territory	Common-law contributory reduction	3 years from discoverability	ACT · back & spine
Western Australia	Common-law contributory reduction	3 years from discoverability with 12-year longstop	WA · back & spine →
South Australia	Common-law contributory reduction	3 years from discoverability	SA · back & spine
Northern Territory	No-fault statutory scheme	3 years	NT · back & spine

★ NSW · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Is a back injury a threshold injury in NSW?
A simple soft tissue back injury usually is; one with radiculopathy caused by the crash is not, as Susak (2025) shows.
Can I sue a builder if I was hurt on site?
Yes, but you must prove someone was negligent; in Bartlett (2025) the co-worker was never identified and the win was overturned.
Is there a threshold for pain and suffering?
Yes; under the Civil Liability Act, non-economic loss must be at least 15% of a most extreme case.
What is the statute of limitations for back & spine claims in New South Wales?
3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a tolling exception.

Sources

Checked 2026-09-30.

★ all of NSW

New South Wales overview

Fault rule, statute, caps, and key facts for New South Wales as a whole.

★ national frame

Back & spine in Australia

Back & spine band structure and severity tiers at the Australia level.

★ all 15 countries

Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in New South Wales. See /methodology, /sources, and /disclaimer.

Back & spine settlementsin New South Wales.

Facts that decide a back & spine claim in New South Wales

Sources

Back & spine settlements
in New South Wales.