A slipped or herniated disc in the back can be grounds to seek personal injury compensation if you can prove that your injury was caused by another party’s breach of the duty of care they owed you. Within this guide will discuss the various parties that owe you a duty of care, and when you may be able to claim compensation for a slipped disc if this duty is breached.
From this, we will also share what evidence could help support your slipped disc injury claim and how long you have to begin legal proceedings. A slipped disc can not only cause you pain and discomfort but may also affect your finances. We discuss the different heads of loss that could form your final compensation settlement and how each of these compensate you for different forms of harm.
Lastly, we end this guide by looking at the various benefits of claiming with a solicitor on our panel on a No Win No Fee basis.
If you have suffered a slipped or herniated disc injury and would like to discuss your circumstances, you can contact our advisors. They can be reached via any of the following methods:
- Call 020 8050 2736
- Connect to our free live chat service.
- Enquire about beginning your claim online.
Jump To A Section
- Can You Claim Compensation For A Slipped Disc?
- How Do You Claim Herniated Disc Compensation?
- What Is The Time Limit When Claiming For Herniated Disc Injuries?
- How Much Compensation For A Slipped Disc Injury?
- How Can A No Win No Fee Solicitor Help You Claim Slipped Disc Compensation?
- Read More About Claiming Compensation For A Personal Injury
Can You Claim Compensation For A Slipped Disc?
As we previously mentioned, various parties owe you a duty of care. This is a legal responsibility for your safety and health. If this duty is breached, this could lead to an accident where you suffer slipped disc injuries. Below we have provided some examples of this.
Accidents At Work
The Health and Safety at Work etc Act 1974 (HASAWA) outlines the duty of care that all employers owe to their employees. They should take practicable and reasonable steps to prevent employees from experiencing harm whilst performing their jobs. For example, this could include performing regular risk assessments and ensuring all staff have received the correct training.
Therefore, an employee could have grounds for a claim if they fell from a known faulty ladder that was provided by their employer and sustained spinal injury in the process.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 outlines the duty of care for those in charge of public places. Those in charge must take steps to ensure the reasonable safety of all who use their space for its intended purposes. For example, this could include performing regular maintenance checks on any public equipment, such as handrails and benches.
If a shopper were to slip on a spillage in a supermarket that was not signposted and suffered a back injury in the fall, they might be able to make a personal injury claim.
Road Traffic Accidents
Everybody who uses the road, including drivers, cyclists, motorcyclists, and pedestrians, owes each other a duty of care. They have to make sure they navigate the roads in a way that puts them and everyone else at the least amount of risk. They must also obey the Highway Code’s relevant rules and recommendations as well as the Road Traffic Act of 1988 as part of their duty of care.
A rear-end collision caused by a motorist who was speeding above the limit or intoxicated would be classed as a breach in the duty of care. If you sustained a slipped disc in this accident, you may be able to make a claim for compensation.
Overall, the criteria your case must meet to be able to make a claim for compensation for a slipped disc are:
- A duty of care was owed to you.
- It was breached.
- You were injured as a result of this breach.
What Is A Herniated Disc?
According to the NHS, a herniated, prolapsed, or ‘slipped’ disc occurs when the soft cushioning of tissue between the spinal bones pushes outwards and can press on nerves. In some circumstances, this can cause numbness, tingling sensations, and severe pain.
If you have been diagnosed with a slipped disc following an accident that wasn’t your fault, you can contact our advisors to see whether you may be able to make a slipped disc compensation claim.
How Do You Claim Herniated Disc Compensation?
To be able to claim compensation for a slipped disc, as well as meeting the eligibility requirements, you will also need to present evidence that supports your case.
Some examples of evidence that could be gathered for slipped disc compensation claims include:
- Video footage of the accident, such as from CCTV or a dashcam.
- The contact information of anyone who witnessed your accident and could provide a statement later on.
- Photographs of the accident scene.
- Copies of your medical records that detail your injuries and what treatment you have received for them.
One of the solicitors on our panel could help guide you through the personal injury claims process, including helping you with gathering evidence for your case. To see whether you could work with one of them for your slipped disc claim you can contact our advisors.
What Is The Time Limit When Claiming For Herniated Disc Injuries?
All personal injury claims are subjected to a time limit. This means that you have 3 years to begin legal proceedings to begin your claim, as stated within the Limitation Act 1980.
However, for those under the age of 18 at the time of the accident that injured them, the time limit will be paused until their 18th birthday. From this date, they will then have 3 years to start their own claim. Alternatively, a litigation friend could be appointed by the court to start the legal proceedings prior to their 18th birthday.
Furthermore, the time limit will also be paused indefinitely if the claimant lacks the mental capacity to initiate their own personal injury claim. In this situation, a litigation friend can act on their behalf. If a claim has not been made for them and the claimant regains this needed capacity, they will have three years to begin their own claim from the recovery date.
To see whether you are still within the time limit to claim compensation for a slipped disc, you can contact one of our advisors.
How Much Compensation For A Slipped Disc Injury?
General and special damages are the two heads of loss that often comprise a successful compensation claim. General damages compensate for the physical pain and psychological suffering prompted by the slipped disc injury.
The Judicial College Guidelines (JCG) may be used by those valuing your claim for general damages. This document contains guideline compensation brackets for a range of different injuries.
We have used the JCG entries relevant to back injuries when creating the following table. Please note that this table should only be used as a guide, as how much personal injury compensation you could receive will depend on your case. Additionally, the first entry has not been taken from the JCG.
Compensation Guidelines
| Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple Severe Injuries with Special Damages | Severe | Up to £1,000,000+ | Multiple injuries, severe in nature with special damages for lost earnings, care costs and medical bills. |
| Back | (a) Severe (i) | £111,150 to £196,450 | The most severe nerve root and spinal cord damage leading to serious consequences. |
| (a) Severe (ii) | £90,510 to £107,910 | This type of injury will include features such as impaired mobility, nerve root damage and impaired bowel and bladder function. | |
| (a) Severe (iii) | £47,320 to £85,100 | Disc lesions and fractures to vertebral bodies causing chronic conditions. | |
| (b) Moderate (i) | £33,880 to £47,320 | Injuries may include compression/crush fractures to lumbar vertebrae causing constant pain. | |
| (b) Moderate (ii) | £15,260 to £33,880 | Disturbed ligaments and muscles that cause back ache. | |
| (c) Minor (i) | £9,630 to £15,260 | Full recovery without needing surgery from a minor back injury such as a strain or sprain within 2 to 5 years. | |
| (c) Minor (ii) | £5,310 to £9,630 | Full recovery without surgery within 1 to years approximately. | |
| (c) Minor (iii) | £2,990 to £5,310 | Full recovery without surgery within 3 months to a year. | |
| (c) Minor (iv) | Up to £2,990 | A full recovery is made within 3 months. |
Special damages compensate for the financial costs incurred by the slipped disc injury. When making a claim for special damages, you will need to provide evidence of the financial losses you are claiming for.
You might have:
- Payslips that prove a loss of earnings.
- Invoices for any medical treatments, such as physiotherapy.
- Receipts of any travel expenses incurred.
Will You Have To Go To Court To Claim Compensation?
More often than not, personal injury cases do not need to go all the way to court. For example, if the claimant accepts liability for the accident or if an agreement is made during the claims process, there is no need for it to progress to court.
If you work with one of the solicitors on our panel, they will do their utmost to ensure that your case is settled without it needing to go to court. However, if it does, they can help guide you through this process with their years of expertise.
To see if you could work with a personal injury solicitor on our panel, or to receive a free valuation of your potential compensation for a slipped disc, you can contact our advisors.
How Can A No Win No Fee Solicitor Help You Claim Slipped Disc Compensation?
When making a claim for compensation for a slipped disc, you may wish to instruct legal support. One of the solicitors on our panel could help guide you through the claims process on a No Win No Fee basis.
By offering you a Conditional Fee Agreement (CFA) some of the benefits you will experience include:
- You won’t need to pay upfront fees to access the solicitor’s services.
- No ongoing fees for their services apply.
- Also, no fees apply for completed services if the claim fails.
- A success fee is deducted from the compensation if the claim is successful. Importantly, the amount that solicitors can take is a percentage restricted by law. This means that you always receive the majority of the compensation awarded.
To see whether you may be able to work with one of the personal injury solicitors on our panel for your case if you have suffered a slipped, prolapsed or herniated disc, you can contact our advisors.
- Call 020 8050 2736
- Use our free live chat service.
- Begin your claim online.
Read More About Claiming Compensation For A Personal Injury
Further personal injury claims guides:
- Read about back injury claims after a car accident in this guide.
- Learn when you could claim for a back injury in a construction accident with this helpful guide.
- If you fell down the stairs in public, this guide discusses when you could make a claim for your injuries.
Additional external resources:
- NHS information about back pain diagnosis and treatment.
- Advice on preventing musculoskeletal disorders at work from the Health and Safety Executive (HSE).
- Government information on the eligibility for Statutory Sick Pay (SSP).
To see whether you may be eligible to claim compensation for a slipped disc, you can contact one of our helpful advisors.