Back Injury at Work Claim – A Guide to Claiming Compensation

Injuring your back at work can cause immediate pain which, for some, goes on to become life-changing. Some longer-term back injuries will cause problems for you and your loved ones as they can affect your work and enjoyment of your usual hobbies and activities. Importantly, if you have suffered a back injury at work because your employer was negligent, you might be entitled to compensation for your suffering. Therefore, in this article, we’ve answered some common questions about when work-related back injuries could result in a personal injury claim.

For further support, you can contact one of our specialist advisors. They’ll listen to how you were injured, provide free legal advice and explain your options as part of a no-obligation initial consultation. If it seems a back injury at work claim is feasible, we could appoint a solicitor specialising in accidents at work who’ll represent you on a No Win, No Fee basis if your claim is strong enough.

To speak to us about your back injury claim, you can:

• Call 0333 241 2519 to discuss how you were injured.
• Ask any questions you might have via our live chat service.

Getting legal advice as soon as possible after a back injury from work can significantly enhance the chances of receiving compensation for your pain, suffering, and financial losses incurred due to the injury.

Can I Claim Compensation for a Back Injury at Work?

Your employer has a legal responsibility to take reasonable steps to ensure your safety at work. This is a legal obligation in accordance with the Health and Safety at Work Act 1974. Some of the practical measures that can be taken to try and stop back injuries in the workplace include:

• Conducting risk assessments on a regular basis making safety changes where necessary.
• Providing workplace equipment that is safe, well maintained and fit for purpose.
• Providing regular health and safety training.
• Making sure staff have personal protective equipment where required.
• Allowing proper rest breaks.

If your employer has failed to uphold their responsibilities to your health and safety and you’ve suffered a back injury at work, you could be entitled to start a personal injury claim against them. To win your claim, you will need to prove that:

• At the time of your back injury, your employer owed you a duty of care.
• Your employer acted negligently and, in doing so, caused your accident.
• Your back injury was diagnosed within the last three years and can be directly linked to that accident.

Our team is specially trained to assess workplace back injury claims so please call for your free initial consultation today.

What Types of Negligence Can Lead to a Back Injury at Work Claim?

Here are a few examples of negligence by an employer that could lead to workers suffering a back injury injury and a compensation claim:

• Slips, trips and falls: If you suffered a back injury after a slip on a wet floor caused by a leaking refrigerator that your employer knew about but failed to fix.
• Equipment-related accidents: Where your employer expected you to work for long hours without breaks while using vibrating equipment such as a jackhammer and you suffered a back injury as a result.
• Falls from height: If you fell from a ladder after overstretching and suffered a back injury because your employer provided a ladder that was too short.
• Vehicle-related accidents: From being hit by a forklift truck that was being driven in a pedestrian-only area in a warehouse and suffering a back injury as a result.
• Manual handling injuries: Where your employer didn’t provide training on how to lift heavy loads or you were forced to work in confined conditions for prolonged periods.

Whether you’ve suffered a slipped disc, broken vertebrae, soft tissue damage or any other type of workplace back injuries, so long as you can show that your employer caused your accident, we could help you begin a claim against them.

What Should I Do If I Hurt My Back at Work?

If you hurt your back at work, it’s important that you:

• Tell your employer about it as soon as you can.
• Seek medical treatment for your back injury rather than settling for first aid.
• Ensure the incident is logged in the company’s accident report book.
• Comply with any investigation into the accident i.e. by the Health and Safety Executive (HSE) or an occupational health specialist.

Taking these steps is important because they can help to prevent similar accidents and injuries in the future.

What Evidence Can Be Used for Back Injury Claims?

To prove your case and to try and ensure you’re compensated properly for your work-related back injury, you’ll need to present as much evidence as possible. Examples of the types of evidence that could be used for back injury claims include:

• Photographic evidence to demonstrate the cause of the accident and any visible injuries.
• Your copy of an accident report form so that the date and location of your accident cannot be denied.
• Details of any medical treatment you’ve had performed plus copies of your medical records.
• Information about anyone else who saw what happened. This will allow your solicitor to collect witness statements if needed.
• Mobile phone or CCTV footage of the accident.

If you decide to proceed with a back injury claim, we’ll happily review any evidence you have as part of your free initial consultation.

How Long Do I Have to Claim Back Injury Compensation?

In the UK all personal injury claims are bound by a 3-year time limit. This is established by the Limitation Act 1980.

If your back injury occurred as a result of an accident at work, your time limit to claim back injury compensation will begin on the date of the accident. However, if your injury happened as a result of working in a certain way over a prolonged period, your 3 years begin from the date your condition was diagnosed by your GP.

We’d recommend seeking advice from our team to clarify how long you might have left to proceed with a claim.

How Much Compensation for Back Injury at Work?

The two heads of loss that could form the settlement following a successful back injury at work claim are:

• General damages – for pain, discomfort, suffering and loss of amenity.
• Special damages – for financial losses caused by your injuries.

To evaluate the extent of the injury, you will need an medical assessment by an independent expert. Your solicitor will use the subsequent report in conjunction with your medical records to help calculate a back injury claim amount. During this process, they might also refer to the Judicial College Guidelines (JCG).

The JCG lists various back injuries and associated compensation guideline amounts. Therefore, we’ve provided some example figures in our compensation table. However, the amounts displayed are not guaranteed as back injury settlements are calculated on a case-by-case basis.

• A compensation payout of up to £2,450 for minor workplace back injuries with a quick recovery period.
• For moderate back injuries at work ensuring complete recovery within two years without surgery, compensation ranges from £2,450 to £7,890.
• In cases involving sprains, strains, or prolapsed disks with total recovery expected within five years without the need for surgery, awards range from £7,890 to £12,510.
• Back injuries involving ligament and muscle damage requiring surgery may attract compensation between £12,510 and £27,7600.
• Moderate back injuries necessitating surgery and resulting in some level of disability may lead to awards between £27,760 and £38,780.
• Compensation for lesions or fractures causing chronic back pain and reduced mobility generally falls between £38,780 and £69,730.
• Severe back injuries at work, such as those involving nerve root damage leading to sensory loss, mobility issues, or impaired bowel and bladder function, can result in compensation between £74,160 and £88,430.
• The most severe back injuries, characterised by spinal cord damage, extreme pain, significant disability, and potential paralysis, may see compensation amounts ranging from £91,090 to £160,9800.

Examples of special damages that could be awarded in a back injury at work claim include:

• Physiotherapy costs and other medical expenses.
• Lost income.
• Future loss of earnings.
• Care and support costs.
• Home modification costs to help you cope with a long-term back injury.
• Travel expenses.

If you’d like to know the potential value of your back injury claim, please call the number above today.

Can I Claim Back Injury Compensation if I’m Not a Full-Time Worker?

Importantly, all types of workers have the same rights regarding health and safety in the workplace. Therefore, self-employed staff, zero-hours workers, subcontractors and the self-employed are all entitled to begin a personal injury claim for a back injury caused by their employer’s negligence.

If you’d like us to verify that you have a valid back injury at work claim, please get in touch today.

Will I Be Sacked for Making a Back Injury at Work Claim Against My Employer?

Some people are so worried about the implications of suing their employer that they decide against taking legal action. However, in law, your employer cannot treat you any differently if you proceed to make a personal injury claim against them.

If they were to pick on you, discipline you, demote you or fire you as a result of a back injury at work claim for a genuine injury, separate action could be taken against them for unfair or constructive dismissal.

How Is Liability Determined for a Workplace Back Injury?

The pre-action protocols for personal injury claims set out the claims process and when each side should share information with the other. At the start of the back injury claims process, letters are swapped to inform your employer about your claim.

Next, your employer has the chance to either accept or deny liability for your accident and injuries. If it is accepted, the back injury claim worth can be worked out between both parties.

If it is denied, both parties will need to explain their position by supplying evidence to prove their arguments. After this process has been completed, liability for the accident will usually have been agreed upon. If it can’t, the case might need to go to court which we’ll discuss next.

Do Back Injury Claims Need to Go to Court?

Generally, lawyers and insurers try to settle claims for back injuries at work amicably as per the process above. It is rare, in our experience, for accident at work claims to require court action though they can happen if:

• Liability for the accident is not agreed upon.
• Both parties cannot agree on the amount of compensation for a back injury that should be paid.

In the unlikely event that your claim does go to court, your solicitor will manage everything for you. It will then be down to the court to decide upon liability and any compensation settlement after hearing evidence from both sides.

Will I Need a Solicitor to Claim Compensation for a Back Injury?

While it is perfectly possible to claim compensation for a back injury at work yourself, the claims process isn’t always as straightforward as some might think. For that reason, you may wish to instruct a work injury solicitor to represent you.

If you decide to work with a solicitor from our team, they’ll use their legal training and understanding of the claims process to:

• Ensure that your claim is filed correctly and on time.
• Find the evidence required to try and prove your case.
• Handle all forms of communication with your employer on your behalf.
• Try to prove that your employer is liable and negotiate a fair settlement.
• Keep you up to date as your claim progresses.

Should you agree to work with one of our solicitors, they’ll manage the claim on a No Win, No Fee basis so that you won’t need to pay for their work upfront.

The contract they’ll use is called a Conditional Fee Agreement (CFA). It means that your solicitor will only receive their success fee if you are paid compensation. Importantly, the maximum percentage of your settlement that can form a success fee when using a CFA is currently 25 per cent.

You can easily find out if one of our No Win, No Fee solicitors could help you by calling our claims team today.

How Long Will My Back Injury at Work Claim Take?

No two back injury claims are the same so specifying an expected resolution timeframe is not possible at this point. However, on average, straightforward cases might be resolved within a few months, while more complex cases, especially those involving severe injuries or disputed liability, can take several years.

Here are some factors that can influence the timeline:

• Complexity of the Case: The more complicated the case, such as those involving severe workplace back injuries requiring long-term treatment or disputed facts about the cause, the longer it can take.
• Liability Disputes: If there’s a dispute over who is at fault for your back injury at work, or if multiple parties are involved, the claim can take longer.
• Negotiation with Insurers: The duration can also depend on how quickly negotiations with the employer’s insurance company proceed and how willing they are to offer a fair settlement.
• Court Proceedings: If the claim cannot be settled out of court and goes to trial, this can significantly extend the timeline.
• Response Times: The efficiency of communication between all parties involved (including your solicitor, insurance companies, and medical professionals) can also impact the timeline.

To discuss how long your back injury at work claim might take, please call today.

Contacting Us About a Back Injury at Work Claim

If you’ve any questions or would like to discuss your back injury with one of our specialists, you can:

• Call our team on 0333 241 2519.
• Use our 24/7 live chat service.

We’ll provide no-obligation legal advice in the initial consultation to discuss your options. If a compensation claim against your employer appears feasible, we could connect you with a solicitor who’ll work on a No Win, No Fee basis if your back injury at work claim is accepted.