Neck Injury at Work Claim – A Guide to Claiming Compensation

Any type of neck injury can lead to mobility problems and have an impact on your ability to work and function normally. Therefore, if you’ve suffered a work-related neck injury as a result of your employer’s negligence, this guide will answer some common questions about the process of making a neck injury at work claim for compensation.

We can help if you or a loved one has suffered a work-related neck injury. Our initial consultation is completely free and during the call, we’ll answer all of your questions and provide no-obligation legal advice. If it looks like you have a valid neck injury compensation claim, we’ll appoint one of our accident-at-work solicitors to work with you. If the claim proceeds, your solicitor will act on a No Win, No Fee basis.

To check if you could be entitled to compensation for a neck injury at work, you can:

• Speak to a specialist by calling 0333 241 2519.
• Connect to our live chat service.

Getting legal advice promptly after a neck injury at work can significantly enhance the chances of receiving a compensation payout for your pain, suffering and financial losses incurred due to the injury.

Can I Make a Neck Injury at Work Claim?

It doesn’t matter what type of industry you work in, your employer has a legal responsibility to take practical steps to keep you safe at work. This is a legal obligation set out by the Health and Safety at Work etc. Act 1974. Other laws may also apply depending on your working environment.

Some of the ways employers can try to prevent work-related neck injuries include:

• Carrying out regular workplace risk assessments to identify any removable dangers.
• Providing personal protective equipment (PPE) for free where dangers cannot be reduced in other ways.
• Ensuring all staff receive regular health and safety training.
• Maintaining all workplace equipment and machinery and fixing any faults swiftly.

If your employer fails to meet their obligations and you suffer a neck injury as a result, you could be entitled to seek damages via a personal injury claim. The general criteria that must be met for neck injury at work claims are:

• At the time of your neck injury, you were owed a duty of care by your employer.
• The injury resulted from your employer being negligent in some way.
• The accident occurred, or your neck injury has been diagnosed within the last three years.

If you’re not sure whether you are entitled to compensation for a neck injury at work, please ask our specialist advisors to check for free.

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

Various types of accidents can result in workplace neck injuries. We can’t list them all here but we have provided some examples of how a neck injury at work could be caused by employer negligence:

• You fell from a cherry picker because your employer told you to use it without a safety harness. During the fall, you suffered severe soft tissue damage in your cervical spine which resulted in pain and stiffness for over two years.
• Whilst using a forklift truck in a warehouse, you were hit from behind by another forklift that was being driven by an unqualified driver. As a result of the accident, you suffered severe whiplash that stopped you from working for 6 months.
• You suffered a neck strain whilst working in a confined space because you had not been offered manual handling training by your employer.
• Your employer was aware of a loose handrail on the stairs in your office but had failed to repair it. As a consequence, you fell down the stairs and shattered two vertebrae in your neck.

If you or a loved one has suffered a neck injury at work, call us now to see if you might be entitled to compensation for the suffering caused.

What Should I Do If I Sustain a Neck Injury at Work?

Following an accident at work that resulted in a neck injury, you should:

• Get medical treatment. As neck injuries can be made worse by movement, this might involve calling 999 for an immediate assessment by a paramedic.
• Report the accident to your employer as soon as you’re able to.
• Ask for a copy of the company’s accident report form.

Some workplace accidents that lead to more serious injuries like a broken neck or paralysis must be reported to the Health and Safety Executive (HSE). This could result in an investigation into your accident so you must answer any questions posed and comply fully with the HSE investigation team.

What Evidence Can Be Used for a Neck Injury Claim?

Even if you think you have a cut-and-dried neck injury claim, you will still need evidence to prove how the accident occurred, why your employer was to blame and how your neck injury has affected you. That’s because, without such evidence, it would be easy for your employer’s insurance company to deny liability.

Therefore, the types of evidence that could be collected for neck injury claims include:

• Video footage of the accident if it was caught on camera.
• Medical records including scan results and X-rays.
• Witness statements from colleagues, customers or anyone else who saw what happened.
• Photographic evidence from the accident scene to prove how the incident happened.
• Your copy of the accident report form to help confirm the date and location of the accident.

You don’t necessarily need all of the above to begin the claims process. Simply give us a call, explain what evidence you have so far and, if your claim is suitable, one of our solicitors could help to gather further information to support your neck injury at work claim.

How Long Do I Have to Claim Neck Injury Compensation?

If you want to claim compensation for a work-related neck injury, you’ll need to abide by the 3-year time limit set by the Limitation Act 1980. Usually, this time limit begins on the date that the accident happened.

However, if the injured party lacks the mental capacity to pursue a neck injury compensation claim, there is essentially no time limit to consider, until they regain capacity, if and when that occurs. In this scenario, someone else could act as the claimant’s litigation friend and seek compensation on their behalf at any point.

To find out more about how long you have to make a neck injury at work claim or for help applying to become a litigation friend, please call our team.

How Much Compensation for Neck Injury at Work?

Any compensation payout for a neck injury at work claim should consider:

• How you’ve suffered physically and emotionally (general damages).
• Any financial issues caused by your neck injury (special damages).

To help determine what amount of compensation your neck injury is worth, your solicitor will arrange an independent medical assessment. The report that follows will be used in conjunction with your medical records to help put a value on your claim.

Usually, solicitors refer to the Judicial College Guidelines (JCG) to help them determine the potential settlement amount. Therefore, we’ve used guideline compensation brackets from the JCG for several different neck injuries in our table below. Please be aware though that each claim is unique and, as such, the amounts listed are not guaranteed.

• Compensation for a minor neck injury with a full recovery made within three months can be up to £2,450.
• Compensation for a neck injury at work with full recovery made within one year ranges from £2,450 to £4,350.
• For a moderate injury, depending on factors such as the type of injury, symptoms and severity, compensation ranges from £7,890 to £38,490.
• For severe neck injuries including fractures or dislocations, damage to discs and conditions such as incomplete paraplegia, compensation can range from £45,470 to £148,330.

Some examples of special damages that can add to the neck injury settlement amount include:

• The cost of a full or part-time carer.
• Medical treatment costs.
• The cost of installing lifts, hoists and other devices to your home or vehicle to make it easier to cope with long-term neck injuries.
• Travel expenses.
• Loss of income plus any future loss of earnings.

For some severe neck injuries, the special damages element of any compensation payout could be higher than general damages. That’s because it will need to factor in injury-related costs for the rest of the claimant’s life.

Can Psychological Suffering Be Claimed For?

If your workplace neck injury claim is successful, it should compensate you for any type of suffering. That means both physical and psychological injuries could be covered by your claim.

For example, you could claim for any distress or depression resulting from the fact that your neck injury has left you incapacitated. Similarly, if you were involved in a traumatic accident at work, you might be able to claim for any anxiety, flashbacks, sleep disorders or even Post-Traumatic Stress Disorder at work (PTSD).

Any psychological injuries you claim compensation for will need to be proven by a medical professional. Therefore, your solicitor will request copies of your medical records to help confirm your diagnosis.

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

Not all workers are taken on as full-time employees. Some work as subcontractors, on zero-hour contracts or are self-employed. However, that doesn’t prevent them from taking legal action if they sustain a neck injury at work that was caused by their employer’s negligence.

To check if you have the right to claim compensation for a work-related neck injury, please call today.

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

Legally, no you don’t need a solicitor to make a personal injury claim at work. However, taking on legal representation may improve your chances of winning your claim and could help to ensure that you receive the right level of compensation. That’s especially true in complex neck injury at work claims.

If you decide to work with an accident-at-work solicitor on our team, they’ll manage the whole claims process for you. That means you won’t face any difficult questions from your employer or their insurance provider. Also, your solicitor will use their legal skills and training to negotiate for a better settlement if they believe that any offer they receive is too low.

Importantly, our solicitors use a Conditional Fee Agreement (CFA) to provide a No Win, No Fee service for any work-related injury claims they take on. As a result, you only have to pay for your solicitor’s work if you receive a compensation payout.

If that happens, the success fee is taken as a percentage of your compensation (capped legally at 25 per cent).

To see if you could make a No Win, No Fee neck injury claim, please call our team today.

How Long Will a Neck Injury at Work Claim Take?

As you might imagine, some neck injury claims are more complex than others. That means that there isn’t a set amount of time that claims take to be processed.

For example, if you suffered a minor neck strain at work which is now fully healed and your employer accepts that they caused it, you could receive compensation in as little as 6 months.

However, if you have been left paralysed, your claim could take many years to be settled even if your employer accepted liability from the outset. That’s because before the level of compensation can be agreed upon, your prognosis will need to be fully understood. In these circumstances, though, your employer may be asked to pay interim payments to cover the cost of your care, loss of earnings or any other immediate costs.

Contacting Us About a Neck Injury at Work Claim

We’re here to help if you have any questions about your eligibility to claim for an accident at work. To speak to us about your neck injury claim, you can:

• Call free on 0333 241 2519.
• Use our live chat service at any time.

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