Complex Regional Pain Syndrome (CRPS) can develop after a physical work injury and may lead to severe, long-term chronic pain. In Queensland, workers with CRPS may be eligible for workers’ compensation through WorkCover Queensland or a self-insurer.
This article explains how CRPS is assessed, what evidence is needed and what workers can expect during the claim and recovery process.
Under Queensland workers’ compensation law, an injury is compensable if employment is a significant contributing factor. CRPS is usually a secondary condition, meaning it develops from an accepted work-related injury such as a fracture, sprain, crush injury or soft tissue damage.
To be accepted by WorkCover for a CRPS claim, the worker must demonstrate:
CRPS claims can be complex because symptoms will typically appear disproportionate to the initial primary injury. Essential medical evidence (in the form of approved medical certificates, then usually medical reports) is required.
CRPS can arise from injuries such as:
Industries with higher instances of CRPS risk include construction, mining, healthcare, warehousing, transport and manufacturing.
CRPS needs to be diagnosed clinically, often using the Budapest Criteria. Common symptoms include:
WorkCover will usually refer the worker to an independent medical examiner to confirm the diagnosis and determine whether the condition is linked to the work injury.
The steps for making a CRPS claim, whilst similar to other injuries, do require more detailed medical evidence. The process will usually include:
WorkCover will then investigate whether CRPS developed as a consequence of the primary physical work injury.
If WorkCover accepts the primary injury and resulting CRPS, a worker may be entitled to benefits such as:
Because CRPS can severely impact daily functioning, support needs are often ongoing.
If a worker’s condition stabilises but does not fully resolve, WorkCover (or the injured worker) can seek a permanent impairment assessment.
An assessor with the necessary qualifications will consider:
The resulting Whole Person Impairment (WPI) percentage determines eligibility for a statutory lump sum.
IMPORTANT: Do not accept any offer of lump sum benefit without getting legal advice. If you accept an offer based on an assessment of WPI of less than 20%, then you will not be able to consider bringing a common law claim for damages (see below) for your work injuries.
You can read more about permanent impairment claims in our earlier blog, “WorkCover lump sum compensation claims Queensland”.
In addition to statutory benefits, some workers may be eligible for a common law claim if employer negligence contributed to the original injury. A common law claim can compensate for long-term losses not covered under the statutory scheme.
Examples of negligence include:
CRPS can significantly impact work capacity, making common law claims more substantial than a typical physical injury claim.
Returning to work with CRPS can be particularly challenging and will usually require careful planning. WorkCover Queensland may support:
A successful return to work requires careful collaboration between the worker, employer, treating doctors and WorkCover.
CRPS often involves significant emotional and psychological distress. Queensland workers’ compensation law allows claims for secondary psychological injuries if they arise directly from a physical work injury.
Support may include:
You can read more about psychological injury claims in our earlier blog, “Mental health and workers' compensation: claiming for psychological injury in Queensland”.
CRPS is often scrutinised closely because symptoms vary widely. Essential medical evidence is required.
Yes. CRPS can arise from seemingly minor injuries and can result from certain nerve involvement or abnormal pain responses. which can be due to a number of different reasons.
In most cases, yes. Workers will have their own treating doctor, though WorkCover may also arrange independent assessments.
Yes. Workers can seek further treatment or reassessment if their condition deteriorates as a result of the work injury.
CRPS can have a profound effect on a worker’s physical, emotional and financial well-being. In Queensland, workers’ compensation offers vital support, including treatment, income replacement and permanent impairment compensation.
Because CRPS is medically complex and can be difficult to prove, early and thorough documentation is essential. Seeking legal advice can help ensure the condition is properly recognised and that injured workers receive the full support and maximum compensation available under the Queensland workers’ compensation scheme.
Compensation Lawyers Brisbane & Darwin
This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact us.