If you have suffered a back injury at work, you could be eligible to make a personal injury claim if the injury was sustained as a result of your employer’s negligence. We will explore what negligence is further throughout our guide as well as looking at the duty of care your employer owes you.
Additionally, we aim to answer questions you might have, such as:
- How do I claim for injury at work?
- How much workplace injury compensation may I receive?
- What is the injury at work claim time limit?
Furthermore, we will look at steps you can take to support your claim, such as gathering evidence.
We will also examine how No Win No Fee accident at work solicitors could benefit you when you make a workplace accident claim.
Please continue reading to find out more. Alternatively, you can speak with an advisor from our team about your potential claim. To get in touch:
- Call the number at the top of this page
- Use the live chat feature below
- Fill out the ‘contact us’ form
Back injury at work claims guide
Can You Claim For A Back Injury At Work?
There are many ways that you could suffer a back injury at work, and the severity of each incident could lead to different types of injuries which could impact your quality of life in various ways.
Examples of back injuries could include:
- A pulled muscle or strain
- A slipped disc
- Sciatica (a trapped nerve)
- A back fracture
- A broken back
Your injuries must have been caused by employer negligence for you to be entitled to make a claim. Negligence is when your employer has breached the duty of care they owed you and caused you harm.
If you would like to see whether you could claim compensation for a back injury at work, do not hesitate to get in touch with one of our advisors. They are available 24/7 to offer free legal advice. Alternatively, please continue reading to learn more about the duty of care your employer owes you.
Does Your Employer Owe You A Duty Of Care?
As outlined by the Health and Safety at Work etc. Act 1974, your employer must take reasonable steps to ensure the environment, facilities, and equipment in the workplace is safe for employees.
This is a legal requirement therefore if you suffer a back injury at work that was the result of your employer’s negligence, you could be able to make a claim.
Here are some examples of how you could be injured in an accident at work:
- You may suffer a muscle strain in your back when carrying heavy materials around the warehouse after not receiving the necessary manual handling training.
- You might suffer a fractured back after you slip, trip or fall from some scaffolding due to your employer not carrying out a risk assessment to address the hazards involved with working at a height.
- You may operate a forklift that is faulty because your employer failed to carry out a regular risk assessment of equipment. Consequently, you sustain a broken back injury.
If you would like more information on whether you could be eligible to seek compensation, get in touch on the number above.
Potential Evidence When Making An Accident At Work Claim
One way of supporting your claim for a back injury at work is gathering evidence to support your case. This can be done in many ways but firstly, you should always seek medical attention. This is beneficial in ensuring you receive the treatment you may require but also generates medical records that can later be used as evidence.
After this, you can:
- Fill out the accident book at work
- Acquire any CCTV footage of the incident
- Take photographs of your injuries or the accident scene
- Gather the contact details of any witnesses for witness statements to be taken at a later date
You could also seek free legal advice from one of our advisors. They can further advise on what you could do after an accident at work.
To gain a better insight into the evidence you can acquire to support your claim for an injury at work, get in touch with a member of our team.
Is There A Time Limit To Making Work Injury Claims?
As per the Limitation Act 1980, you generally have 3 years to begin your personal injury claim. This may begin from the date of the accident or from when you connected your injuries with negligence.
There are ways in which a claim can be started outside of the 3-year time limit. For instance, if the injured person is younger than 18 or if they lack the mental capacity to claim.
If this is the case, get in touch to learn more about the time limits and exceptions that could apply in specific circumstances.
Back Injury At Work – Potential Workplace Injury Compensation Figures
Compensation for successful personal injury claims can comprise two heads of claim; general damages and special damages.
General damages compensate you for any pain and suffering caused by the injuries that stem from your accident at work. This takes into account both physical and psychological injuries.
We have put together a table of compensation figures using a document that legal professionals can use to aid them when valuing the general damages portion of your claim. This document is known as the Judicial College Guidelines (JCG).
However, these amounts should only be used as guidance because each claim for an injury at work is unique, and the payout you might receive could be different.
| Injury | Severity | Guideline Compensation Bracket | Details |
|---|---|---|---|
| Back | Severe (i) | £91,090 to £160,980 | There is damage to the spinal cord and nerve roots. |
| Back | Severe (ii) | £74,160 to £88,430 | Injuries in this bracket have special features such as nerve root damage alongside other symptoms. |
| Back | Severe (iii) | £38,780 to £69,730 | Injuries including disc lesions or fractures of discs that lead to chronic conditions. It also includes soft tissue injuries. |
| Back | Moderate (i) | £27,760 to £38,780 | Involves a wide variety of injuries such as compression or crush fractures of the lumbar vertebrae where there is a considerable risk of osteoarthritis and constant pain and discomfort. |
| Back | Moderate (ii) | £12,510 to £27,760 | Common injuries for example, disturbance of ligaments and muscles which lead to symptoms such as back ache. |
| Back | Minor (i) | £7,890 to £12,510 | A full or nuisance level recovery is made within 2-5 years without surgery being required. |
| Back | Minor (ii) | £4,350 to £7,890 | The injury has fully recovered between 1-2 years without surgery. |
| Back | Minor (iii) | £2,450 to £4,350 | The injury has fully recovered without surgery within 3 months to 1 year. |
| Back | Minor (iv) | Up to £2,450 | The injury has fully recovered within 3 months. |
Special Damages In An Accident At Work Claim
Special damages aim to reimburse you for any financial losses incurred as a result of your injuries. For example, a serious back injury could leave you disabled. If you have to make home adaptations as a result, special damages may cover these costs. It could also cover:
- Loss of earnings
- Care costs
- Medical expenses
If you are considering making an accident at work claim and would like more detail on how much compensation you could be owed, please get in touch with a member of our team.
Why Make A No Win No Fee Accident At Work Claim?
If you wish to hire legal representation when making a back injury at work claim, we could help. One of our No Win No Fee solicitors could offer you a Conditional Fee Agreement. This generally means that if the claim fails, there is no requirement to pay for their services.
If your claim is successful, your solicitor will take a success fee from your compensation. This is a legally capped percentage.
Please contact an advisor from our team today to learn whether you could be eligible to have an accident at work solicitor from our panel represent your claim on this basis. You can do so by:
- Calling the number at the top of the page
- Using the live chat at the bottom of the page
- Filling out our ‘contact us’ form
Learn More About Claiming For A Back Injury At Work
Here are some additional articles in relation to work injury claims that you might find helpful:
- Statutory Sick Pay – GOV
- Steps Needed To Manage Risk – HSE
- Back pain – NHS
Thank you for reading our guide on how to sue your employer for negligence if you have suffered a back injury at work. If you have any other questions, get in touch with our team.
Writer Beck Pickering
Editor Meg Martin
