Slipped Disc at Work Claim – A Guide to Claiming Compensation

A slipped disc injury can be so painful that it could affect your ability to work and enjoy your normal hobbies or social activities. As such, if you’ve suffered a slipped disc as a result of an accident or incident at work, you might want to claim compensation from your employer for your suffering. Therefore, we’ve written this article to answer some of the most common questions about making a slipped disc at work claim.

To help you further, we offer a free initial consultation where you can discuss your case with a specialist. They’ll offer legal advice during the call and could connect you with an accident at work solicitor if your slipped disc claim is valid. To reduce the financial risks of hiring a legal representative, they’ll work on a No Win, No Fee basis if the claim proceeds.

To find out whether you have a valid slipped disc injury claim, you can:

• Call 0333 241 2519 to speak to a specialist.
• Use our live chat service to ask any questions.

If you have sustained a slipped disc at work, getting legal advice as soon as possible after the injury can significantly enhance the chances of receiving compensation for your pain, suffering, and financial losses incurred due to the slipped disc.

What Is a Slipped Disc Injury?

A slipped, prolapsed or herniated disc occurs when one or more of the discs (a rubbery cushion of tissue) that sits between your spinal bones is pushed out of place.

Some of the most common symptoms of a slipped disc at work are:

• Tingling or numbness in your hands, arms, back, shoulder, feet or legs.
• Neck pain.
• Lower back pain.
• Weakness in the muscles.
• Difficulty bending your back.
• Sciatica – leg, hip or buttock pain if the disc pushes on the sciatic nerve.

While some employees who suffer a slipped disc at work can manage their symptoms with painkillers and gentle exercise, others might be referred to a physiotherapist or for an MRI scan.

Can I Make a Slipped Disc at Work Claim?

Whatever industry you work in, your employer will have a legal obligation to try and prevent you from being injured whilst working. This duty is set in law by the Health and Safety at Work etc. Act 1974.

Some practical steps your employer can take to try and avoid a herniated disc at work include:

• Conducting regular workplace risk assessments and removing any dangers identified.
• Training all staff on safe manual handling techniques.
• Implementing the use of low-vibration tools.
• Providing personal protective equipment (PPE) such as anti-slip footwear or anti-vibration gloves.
• Keeping the workplace in good order to remove as many trip hazards as possible.

If your employer fails to take preventive measures and you sustain a herniated disc at work as a result, you might be entitled to take legal action against them. The general criteria that must be met if you’re to make a slipped disc at work claim are:

• At the point you were injured, your employer owed you a duty of care.
• You were involved in an incident or accident caused by your employer’s negligence.
• As a result of that negligence, you have suffered a slipped disc injury in the last three years.

If you believe you are entitled to claim slipped disc at work compensation, call our team to find out your options today.

What Types of Negligence Could Lead to a Slipped Disc at Work Claim?

Here are a few examples of employer negligence that could lead to staff suffering a slipped disc injury and a potential compensation claim:

• Where you were told to move awkward and heavy loads in confined spaces for a prolonged period.
• If you fell and injured your back on a wet floor because a spillage or leak was not cleared up quickly or cordoned off with warning signs.
• Where your employer neglected to consider rotating your role to prevent you from working with vibrating equipment for prolonged periods and you sustained a slipped disc injury as a result.
• If your role involved poor posture for long periods and you were not allowed regular rest breaks away from your workplace.

If you’ve been diagnosed with a slipped disc injury that can be linked to your working conditions, why not ask one of our specialists for free legal advice about starting a personal injury claim today?

What Should I Do If I’ve Slipped a Disc in the Workplace?

Following any type of injury in the workplace, it’s important to document what happened so that similar incidents can be avoided. Therefore, if you have slipped a disc while working, you should:

• Tell your immediate supervisor about the accident at your earliest opportunity.
• Make sure that the incident is recorded in the company’s accident report book.
• Write down what happened while the incident is fresh in your mind in case you decide to claim compensation at a later date.

You should also ensure that you visit your GP (or a hospital for serious pain or numbness) for treatment. A prolapsed disc cannot be treated by first aid so it’s best to seek advice from a medical professional to try and ensure as fast a recovery as possible.

What Evidence Can Be Used for Slipped Disc at Work Claims?

The following are all examples of evidence that could help to prove that you suffered a slipped disc at work:

• Video footage from CCTV cameras of the accident in which you were injured.
• Emails or text messages with your employer that show you raised concerns about your working conditions.
• Witness statements from colleagues or anyone else who saw you being injured.
• A copy of your medical records to prove your diagnosis.
• The accident report form to prove when and where you were injured.

Whatever evidence you have available, we will happily review it as part of your free initial consultation so please call our team today.

How Long Do I Have to Claim Slipped Disc Compensation?

If you’ve suffered a slipped disc at work and are considering making a compensation claim, the standard time limit is three years as per the Limitation Act 1980. This means you generally have three years from the date of the accident or from the date you first became aware that your slipped disc was associated with your work (the ‘date of knowledge’) to initiate legal proceedings.

However, it’s important to understand that diagnosing a slipped disc and linking it to a specific incident at work can sometimes be difficult. The ‘date of knowledge’ might not be the same as the date of the accident, especially if symptoms developed gradually or were diagnosed at a later stage.

What Compensation Can I Claim for a Slipped Disc Injury?

Settlements for injury at work claims are usually based on two heads of loss:

• General damages – covers pain, suffering and any loss of amenity.
• Special damages – to cover any costs or financial losses linked to your slipped disc injury.

When valuing general damages for a slipped disc, your solicitor will review your medical records. They may also request an independent medical assessment report. These two pieces of evidence can then be compared to compensation brackets for back injuries listed in the Judicial College Guidelines (JCG).

The compensation table below includes a couple of example settlement amounts for a slipped disc back injury. However, the figures listed are not guaranteed and are listed for guidance only.

• Minor slipped disc injury: £7,890 – £12,510.
• Moderate slipped disc injury: £27,760 – £38,780.

If your claim is successful, some examples of what special damages could cover include:

• Rehabilitation and medical expenses i.e. physiotherapy costs.
• Care and support costs.
• Home modification costs for more serious and long-term slipped disc injuries.
• Travel expenses.
• Any loss of earnings including in the future.

To find out what compensation for a slipped disc at work claim you could be entitled to, please speak with a member of our team.

Can I Claim Slipped Disc Compensation if I’m Not a Full-Time Employee?

Earlier in this article, we explained that employers have a duty of care towards the well-being of staff. Importantly, that duty extends to all workers – not just full-time staff.

Therefore, if you’re a subcontractor, self-employed worker, consultant or zero-hours worker, you have the same rights as other staff when it comes to accident at work claims.

If you believe you’ve suffered a slipped disc at work because of your employer’s negligence, please call to discuss your options.

Will I Lose My Job if I Claim Slipped Disc Compensation Against My Employer?

You are well within your rights to seek compensation if your employer’s negligence has caused you to suffer a slipped disc injury at work. So long as your claim is for a legitimate reason, your employer would be breaking the law if they sacked you because of your claim.

Furthermore, they could be guilty of constructive or unfair dismissal if they discipline, demote or bully you as a result of your claim.

Therefore, you shouldn’t be afraid of seeking compensation for a slipped disc if you believe it was caused by your employer.

Will I Need a Work Injury Solicitor to Make a Claim?

If you want to claim for a slipped disc at work without legal representation, then you are perfectly entitled to do so. However, many people find the claims process difficult to deal with especially when posed with complex legal or medical questions.

Working with a work injury solicitor however should make your claim easier to deal with and could increase your chances of being compensated. For instance, some services that solicitors on our team can provide when processing a claim include:

• Managing the claims process from start to finish.
• Collecting and analysing evidence to prove the case.
• Handle negotiations and all communication with the employer on the claimant’s behalf.
• Ensuring any slipped disc settlement amount is fair rather than accepting the first compensation offer they receive.
• Sending updates regularly throughout the claims process.

Importantly, our solicitors will work under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win, No Fee agreement meaning that:

• There aren’t any upfront payments needed for your solicitor’s work.
• If the claim is lost, you don’t pay your solicitor for their efforts.
• If you receive compensation, you’ll pay a success fee to your solicitor.

Legally, the percentage of your settlement that can be used as a success fee is capped at 25 per cent when using CFA to fund your solicitor’s work. This means that you will always receive the lion’s share of any compensation you’re paid.

To check if you could make a No Win, No Fee claim for a slipped disc at work, please call today.

How Long Do Slipped Disc Injury Claims Take?

No two slipped disc injury claims are alike so it’s not really possible to say exactly how long it will take to process. However, here is some guidance on potential time frames:

• Scenario one: You’ve fully recovered from your slipped disc injury and your employer accepts liability for your injuries. Potential processing time: 6 months.
• Scenario two: Your employer accepts liability for your injuries but you’re still undergoing physiotherapy. Potential processing time: 9-12 months.
• Scenario three: Your employer denies liability or doesn’t accept the extent of your injuries. Potential processing time: More than 12 months.

If you’d like to know how long your slipped disc at work claim might take, please call and speak to us today.

Will My Claim End Up in Court?

It’s not impossible of course that a claim might go to court, but in the main, insurers and law firms will try to avoid the extra time and costs involved in court hearings by settling out-of-court.

If your claim were to end up in court, evidence would need to be heard and then the court would need to decide on a) if your employer was to blame for your slipped disc injury and, if so b) the level of compensation you’ll be paid.

While it is unlikely that a court hearing will happen, if your case does go to court and you work with one of our solicitors, they’ll support you through the entire process.

Contacting Us About a Slipped Disc at Work Claim

To begin the claims process or ask us anything else about slipped disc injury claims, you can:

• Call 0333 241 2519 to speak with one of our advisors.
• Use our live chat system night or day to discuss your case.

We’ll provide no-obligation legal advice in the initial consultation to discuss your options. If a compensation claim appears to be feasible, we could connect you with one of our solicitors who’ll work on a No Win, No Fee basis if your slipped disc at work claim is accepted.