When Are You Able To Claim For A Back Injury In A Construction Accident At Work?

This article explains when you could claim for a back injury in a construction accident at work. Employers have a duty of care concerning the health, safety, and well-being of their employees. If you can demonstrate that your suffering resulted from your employer’s breach of duty, it may be possible for you to make a personal injury claim and seek compensation for the impact of your injuries.

To get started, we explain the criteria that must be met in accident at work claims if you’re to be compensated. As you continue, you’ll see some examples of the types of building site accidents at work that can result in back injuries.

Also, we provide examples of the types of evidence that could help to make your claim stronger and explain how back injury compensation amounts are calculated.

Finally, we set out how our panel of solicitors provides a No Win No Fee service for any valid claim they agree to work on. Typically, this means you won’t need to pay them any upfront or ongoing costs for them to work on your claim.

To help you gain a better understanding of your options, we offer a free initial consultation for all construction injury claims. To arrange yours, you may:

  • Call our team on 020 8050 2736 for free advice.
  • Raise any queries via our 24/7 live chat channel.
  • Enquire about your claim online and we’ll arrange to call you back.

Alternatively, you can read on if you’re a construction worker who’d like to know more about how to claim compensation for a back injury at work.

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Learn How To Claim For A Back Injury In Construction

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When Are You Able To Claim For A Back Injury In Construction Workplace Accidents?

Your employer has a duty of care towards your health and safety. This means that they must take practical and reasonable steps to try and stop you from being injured at work. The legislation that sets out an employer’s responsibility is the Health and Safety at Work etc. Act 1974.

Another piece of legislation, the Construction (Design and Management) Regulations 2015 was enacted to try and improve health and safety in the construction industry. By following its rules, those running construction sites can plan work sensibly and manage risks to construction workers from start to finish.

If you have injured your back on a construction site, you may be entitled to begin a personal injury claim if:

  • At the time and location of your accident, your employer owed you a duty of care.
  • This duty was breached.
  • Due to the breach, you sustained a physical and/or emotional injury.

To see if you could claim for a back injury after a construction accident at work, please feel free to contact our team on the number above.

How Could You Suffer Back Injuries On A Construction Site Due To Employer Negligence?

As set out in the previous section, you could claim compensation for a back injury at work if you’re able to prove that your employer’s breach of duty caused your injury. Below, we’ve listed some examples of construction site accidents that could result in back injuries due to an employer’s negligence.

  • Poor manual handling practices. A worker suffered a herniated disc in their back while shifting heavy and awkward loads with the wrong lifting technique because they were given no manual handling training.
  • Lack of personal protective equipment (PPE). After a fall from a height, because their employer failed to provide a safety harness, a construction worker was left paralysed. They also suffered psychological injuries including depression.
  • Lack of risk assessments and addressing hazards. There was a failure to have a leaking pipe fixed in a timely fashion after multiple reports had been made about it. As a result, a worker slipped on excess water and suffered ligament and soft tissue injuries in their lower back.
  • Faulty equipment. Due to faulty brakes on a forklift truck that the employer was aware of but failed to fix, a worker was pinned to a wall and suffered very serious injuries to the spine.

Please keep in mind that it might not always be possible to claim for construction site injuries sustained while working. You must be able to prove your employer breached their duty of care and this caused you to suffer harm in order to put forward a construction injury compensation claim.

If you’ve suffered back injuries at work, and believe your employer was at fault, why not speak with us today? If you have a valid claim for a back injury in construction, a specialist solicitor on our panel could help you to claim for your suffering.

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How Long Do You Have To Claim Back Injury Compensation?

If you wish to claim for a back injury in construction, you will need to abide by the personal injury claims time limit set out by the Limitation Act 1980. This states that, generally, you’ll have 3 years to begin your claim from the date of your accident.

One exception to this rule in construction back injury claims is if the claimant doesn’t have the mental capacity to take action themselves. While that is the case, the time limit for claiming is paused. Furthermore, while the pause is in place, the claimant can have a litigation friend put forward the claim for them. If this isn’t done, and the person recovers their capacity, they will have from the recovery date to start their own claim.

Similar exceptions can be made if the person injured was under the age of 18. If you’d like to help somebody else claim for a construction back injury or want more information about the time limits that apply to your particular case, why not call today?

Evidence That Could Help You Claim Compensation For A Back Injury At Work

If you’re to make a successful claim for a back injury at work, you will need to prove how your accident occurred, why your employer was at fault, and how you’ve been affected by your injuries. Evidence can help to substantiate building site accident claims. For example:

  • A copy of an accident report form to prove where and when the accident occurred.
  • CCTV or mobile phone footage of the accident.
  • Contact information about anybody who might be a potential witness.
  • Photographs of the accident scene (including pictures of the root cause of the accident) and your injuries.
  • A diary of how your back injury has affected you.
  • Copies of your medical records.
  • An investigation report from the Health and Safety Executive (HSE). The HSE are an independent regulator of workplace health and safety in Britain. Certain accidents and injuries need to be reported to them. They may then investigate to understand why the accident occurred and find ways to prevent it from occurring in the future.

If you instruct a personal injury solicitor from our panel, they could help you collect a strong body of evidence to support your case as part of the services they can provide.

To see if you have enough evidence to claim for a back injury after a construction accident at work, why not speak to a member of our team today?

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How Much Compensation Could You Receive From Back Injuries After Accidents On Construction Sites?

You may be wondering, “I’ve suffered a back injury at work, how much compensation can I claim?”. However, payouts are calculated on a case-by-case basis so they will differ depending on the specific facts and circumstances of your particular claim.

Usually, though, two heads of loss could make up any compensation settlement you receive if your claim is won. The first, general damages, covers any pain and suffering you’ve endured due to your injuries, physical, psychological, or both.

To get a better understanding of the extent of your injuries, an independent medical assessment may be needed. The medical reports from this type of assessment can be used to value your claim.

In addition, the Judicial College Guidelines (JCG) might be referred to when calculating general damages. The JCG lists a range of injuries alongside guideline compensation brackets.

Compensation Table

The table below contains figures from the JCG, apart from the top entry. Please use the figures as a guide only as construction site accident claims payouts will vary.

Injury TypeLevel of SeveritySettlement GuidelinesExtra Information
Multiple Severe Injuries and Special DamagesSevere Up to £1,000,000 + Compensation for physical and psychological pain and suffering linked to multiple severe injuries. Also includes special damages to cover the cost of care, lost income and home adaptations amongst other costs.
ParalysisQuadriplegia£324,600 to £403,990Factors influencing the award include the person's age and the presence of any depression.
Paraplegia£219,070 to £284,260
Factors influencing the award include the person's age and life expectancy.
Back InjuriesSevere(i)£91,090 to £160,980The most severe back injuries linked to spinal cord and nerve root damage. Leads to severe consequences not usually associated with back injuries, such as severe pain and disability with incomplete paralysis and impaired bladder and bowel function.
Severe(ii)£74,160 to £88,430Where nerve root damage leads to impaired mobility, sexual difficulties and loss of sensation. Also, can lead to impaired bowel and bladder control.
Severe(iii)£38,780 to £69,730Where fractured discs or disc lesions, for example, lead to chronic conditions.
Moderate(i)£27,760 to £38,780Crush/compression fracture of the lumbar vertebrae with a substantial risk of osteoarthritis. This type of back injury will also cause constant discomfort and pain.
Moderate(ii)£12,510 to £27,760For example, prolapsed discs that require laminectomy.

Financial Losses In Construction Injury Claims

Another head of loss, special damages, might also form part of your payout if you make a successful claim for a back injury after a construction accident at work. This compensates for any financial costs or losses linked to your injuries. For example:

  • Loss of earnings.
  • The cost of modifying your home. For example, the cost of installing ramps or improving access for a wheelchair.
  • Medical costs.
  • Care and support costs.

You will need to verify any costs you claim back with receipts and other financial documents.

If you’d like us to check how much compensation you might be due following a successful back injury claim, please call today.

Claim For A Back Injury In A Construction Workplace Accident On A No Win No Fee Basis

Instructing one of the expert construction accident solicitors from our panel could be beneficial as they can help you understand the complexities of an accident at work claim. Additionally, they can provide their services under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract.

The typical terms of a CFA mean:

  • Your solicitor won’t need to be paid in advance for their work.
  • Nor will you have to pay for their services as the claim progresses or if it’s lost.
  • A success fee is deducted from the compensation you receive. This is taken as a percentage. However, the maximum percentage they can take has a cap applied to it.

To check whether a No Win No Fee personal injury solicitor on our panel might be able to help you claim for a back injury in a construction workplace accident, you may:

  • Call our team on 020 8050 2736 to speak to an advisor.
  • Connect to our 24/7 live chat channel.
  • Enquire about your claim online and we’ll get back to you.

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Learn More About Claiming Compensation For A Back Injury At Work

Here are some more of our accident at work claims guides that may help:

Also, we’ve included a few external links for reference:

If you need more information about how to claim for a back injury in a construction accident at work, please feel free to contact our team.