Any type of back injury can result in long-term pain and suffering which can have an enormous impact on your life. This guide explains the process of making a personal injury claim following an injured back at work, including the eligibility criteria that need to be met in order to have valid grounds to do so.
Additionally, we look at the duty of care employer’s owe their employees and how a breach of this could lead you to suffer a back injury in the workplace.
You’ll also find out how compensation for a back injury could be awarded and how settlement amounts are calculated in successful accident at work claims.
Finally, you’ll find out how a specialist solicitor from our panel might be able to represent your claim on a No Win No Fee basis.
Our team of friendly advisors is on hand to provide a free initial consultation. They’ll answer any queries you might have and provide no-obligation advice. To get in touch, you can:
- Call 020 8050 2736.
- Connect to our free live chat service.
- Enquire about beginning your claim online.
Jump To A Section
- When Are You Able To Claim After Suffering An Injured Back At Work?
- Examples Of Negligence That Could Lead To An Injured Back At Work
- What Evidence Could Help You When Claiming For A Back Injury At Work?
- What Compensation Payout Could You Receive From An Accident At The Workplace?
- Use No Win No Fee Accident At Work Solicitors To Claim
- Learn More About Claiming For An Injured Back At Work
While you’re at work, your employer has a duty of care to take practical and reasonable steps to try and keep you safe. This duty is set out in the Health and Safety at Work etc. Act 1974. Examples of the steps they could take to uphold this duty can include:
- Carrying out regular risk assessments to highlight any potential hazards that pose a risk of injury.
- Training staff on how to carry out their tasks safely.
- Supplying Personal Protective Equipment (PPE) where necessary.
If your employer fails to do so, causing you to have injured your back at work, you might wonder whether you could seek compensation. You could be entitled to make a personal injury claim for a workplace back injury if:
- At the time you were injured, your employer owed you a duty of care; and
- A breach of that duty occurred; and
- You sustained a back injury as a result.
What Is The Time Limit When Making A Work Injury Claim?
In addition to meeting the criteria above, you must start your personal injury claim for an accident at work within three years from the date of the accident. This is the general time limit set out by the Limitation Act 1980 but exceptions can apply.
Contact our team to check how long you have left to start your claim for an injured back at work.
Here are a few scenarios that could lead to a back injury at work:
- If you were expected to move large or heavy loads without being trained on safe manual handling techniques.
- Where you slipped on a wet floor and hurt your back because a leak from a broken freezer was not cleared up in a reasonable time frame.
- If you sustained a back injury while using faulty or poorly maintained equipment.
- Where you suffered a broken back after a fall from height because your employer hadn’t provided a safety harness to reduce the risk of injury posed by working from a height.
Remember, if you’re to be compensated for an injured back at work, you must be able to prove that your injury was caused by a breach of duty by your employer. Call our team to discuss your specific case today.
When claiming for an injured back at work, evidence will need to be supplied to prove how the accident and subsequent injuries occurred due to your employer breaching their duty of care.
The types of evidence that may strengthen a claim for an accident at work include:
- Video footage, such as recordings from a CCTV camera.
- Medical records and a diary of any treatment you received.
- Contact details for anybody else who was present when you were injured (in case witness statements are required).
- Information from your employer’s accident report book to prove the date, time and location of your accident.
- Photographs taken at the scene of the accident to show what caused it as well as pictures of your injuries.
If you have a valid claim, we could connect you with an personal injury solicitor from our panel. If they decide to represent you, they may offer to collect any other evidence required to support your claim.
Please call the number above if you’d like to check your eligibility to start a personal injury claim following a workplace back injury.
Each workplace accident claim is unique. If your claim is successful, the settlement amount you receive could include up to two heads of loss:
- General damages compensating for the pain and suffering of your injuries, both physical and/or psychological. When valuing this head of loss, solicitors can use a report from an independent medical assessment, often arranged for you as part of the claims process. They can also use the guideline compensation brackets correlating to different injuries from the Judicial College Guidelines (JCG).
- Special damages compensating for any financial costs linked to your injuries. This can include lost income, care costs and medical expenses. Evidence, such as receipts, payslips, and invoices, could help prove these losses.
We have included figures from the JCG in the table below. Please use these as a guide only as each settlement varies depending on the unique circumstances of the case.
|Injury Type||Severity||Guideline Bracket||Further Information|
|Severe Back Injury||(i)||£91,090 to £160,980||Damage to the nerve roots and spinal cord.|
|(ii)||£74,160 to £88,430||Features of cases in this bracket include nerve root damage with associated sensation loss, mobility impairment and impaired bowel and bladder function.|
|(iii)||£38,780 to £69,730||Fractures of discs or vertebral bodies and disc lesions.|
|Moderate Back Injury||(i)||£27,760 to £38,780||Compression or crush fractures of the lumbar vertebrae.|
|(ii)||£12,510 to £27,760||Cases of prolapsed discs requiring a laminectomy.|
|Minor Back Injury||(i)||£7,890 to £12,510||Less serious sprains and strains or fracture injuries where full recovery takes place without surgery between 2-5 years.|
|(ii)||£4,350 to £7,890||Similar injuries to the bracket above but with a full recovery without surgery between 1-2 years.|
Call an advisor for further guidance on how compensation for an injured back at work is calculated.
If you are eligible to begin a personal injury claim against your employer for an injured back at work, you might benefit from instructing a No Win No Fee solicitor from our panel. They can offer their services via a contract called a Conditional Fee Agreement (CFA).
This usually means that you won’t be asked to pay for your solicitor’s services upfront. Furthermore, their work won’t need to be paid for during your claim or if the claim fails.
Should your claim be won, your solicitor will take a success fee from your compensation. This is taken as a percentage which has a legal cap. As such, you can receive the majority of your settlement.
Why not get in touch today to have your case assessed by an advisor? If they find you have valid grounds to proceed, they could connect you with a solicitor from our panel who could represent you on a No Win No Fee basis.
Alternatively, they can provide further guidance on anything of which you are unsure and answer any questions you have regarding your potential claim.
To get in touch, you can:
- Call 020 8050 2736.
- Enquire about your claim online.
- Use our chat service to connect with an online advisor.
For more of our guides:
- Details on how to claim for a psychological injury following a workplace accident.
- Information about claiming for injuries after slipping on a wet floor.
- Advice on how to make a shoulder injury compensation claim.
Finally, here are some further resources from external sources:
- NHS information about how back pain is diagnosed and treated.
- Advice on preventing musculoskeletal disorders at work.
- Government information on the eligibility for Statutory Sick Pay.
If you need any additional information about claiming for an injured back at work, please feel free to get in touch.