This guide will detail what you need to know about making a claim if you suffered a herniated disc because of work tasks. We will detail how compensation is calculated, the process of making a claim, and how accessing legal representation on a No Win No Fee basis could be advantageous to you.
Additionally, we advise you on the steps you can take after an accident at work, which forms of evidence could benefit you and what the criteria for making a valid work injury claim usually consist of.
Furthermore, we will discuss the duty of care your employer owes you and how you can claim compensation if this is breached.
To learn more, please keep reading. If you would like more information, please don’t hesitate to contact our team of advisors, who can provide you with further guidance and free legal advice. They can also offer a free consultation, in which they can help you identify whether your claim is valid. To learn more:
- Calling the phone number at the top of the page
- Contact us online
- Chat with an advisor through our live chat feature
Herniated disc from work tasks claims guide
Could You Claim For A Herniated Disc From Work? – A Guide
You may be eligible to claim for a herniated disc at work if you can prove that your injuries occurred because your employer breached their duty of care.
The Health and Safety At Work etc. Act 1974 (HASAWA) states that your employer has a legal obligation to take all reasonably practicable steps to ensure your safety in the workplace. If your injuries are a consequence of a breach of duty, you could be eligible to make a claim for compensation.
To make a valid claim, you must be able to prove that:
- Your employer had a duty of care
- They breached this legal duty
- The breach led to the accident in which you were injured
When you suffer an injury because your employer breaches their duty of care, this is an example of negligence.
Examples of instances where a herniated disc from work could occur are explored further in the below sections. Our team of advisors are available 24/7 and can offer you more information about accident at work claims.
How Could You Suffer A Herniated Disc From Work?
There are numerous ways that you could suffer a herniated disc at work. Examples of instances in which you could be injured at work as a consequence of negligence include:
- Falls from a height: Falls from a height, such as in a scaffolding accident, can occur if your employer fails to provide you with adequate safety equipment, such as a harness. This kind of fall can result in a herniated disc.
- Slips, trips, and falls: you may slip on a wet floor at work due to a lack of appropriate signage, or your could trip over a cable and suffer a herniated disc because the cable was not tidied away.
- Lack of training: You may have not received the necessary training for manual handling tasks. This could lead to you picking up a heavy object with incorrect form, leading to a slipped disc.
Regardless of whether you’re claiming for injuries from a minor accident at work or for more significant harm, you may be able to claim if your employer breached their duty of care and this led to you suffering an injury. To learn more, contact our advisors today.
Potential Compensation From A Slipped Disc At Work
If your personal injury claim is a success, then you will be awarded general damages. General damages cover the suffering or pain you have experienced as a result of your injuries.
Legal professionals use a publication called the Judicial College Guidelines (JCG) to assist them in calculating compensation for personal injury claims. The guide contains guideline brackets for various injuries and illnesses, including injuries relating to slipped or herniated discs.
You can find some examples of these figures below. However, they should only be used as a guide as the values are not guaranteed, and your settlement’s outcome may differ.
| Injury | Severity | Examples | Value |
|---|---|---|---|
| Back Injuries | Severe (a) (i) | Damage to the spinal cord and nerve roots. Severe disability/incomplete paralysis. | £91,090 to £160,980 |
| Back Injuries | Severe (a) (ii) | Loss of sensation, impaired mobility, bladder, and sexual function accompany nerve root damage. | £74,160 to £88,430 |
| Back Injuries | Severe (a) (iii) | Lesions/fractures of discs. Persistent pain. Unemployability, depression, and alcoholism are also considered. | £38,780 to £69,730 |
| Back Injuries | Moderate (c) (i) | Full recovery occurs within two to five years without surgery. Short-term exacerbation of injuries. | £27,760 to £38,780 |
| Back Injuries | Moderate (c) (ii) | Disturbance to muscles and ligaments causing backache. | £12,510 to £27,760 |
| Back Injuries | Minor (c) (i) | Recovery to nuisance level within two to five years. | £7,890 to £12,510 |
| Neck Injuries | Severe (a) (i) | Incomplete paraplegia or permanent spastic quadriparesis with little or no movement in the neck. | In the region of £148,330 |
| Neck Injuries | Severe (a) (ii) | Serious fractures/damage to discs in the cervical spine, e.g. damage to the brachial plexus. | £65,740 to £130,930 |
| Neck Injuries | Moderate (b) (i) | Fractures/dislocations causing severe and immediate symptoms. Impaired function and vulnerability to further trauma. | £24,990 to £38,490 |
| Shoulder Injuries | Severe | Often associated with neck injuries. | £19,200 to £48,030 |
Special Damages Compensation When Making An Accident At Work Claim
You could also potentially claim special damages as part of your final award. This is compensation for the way your injuries affect your finances. For example, if you need to buy train or bus tickets to and from hospital appointments, this could be covered by special damages.
Special damages could also cover:
- Lost earnings
- The cost of care
- Medical costs
If you have suffered a herniated disc in work as a result of negligence, get in touch with our advisors.
How To Claim For An Accident At Work
If you have suffered a herniated disc in work because of a breach of duty of care, you may be wondering how to make a claim. Gathering evidence can be helpful in personal injury claims, as it can help strengthen your case and demonstrate the way you have been affected.
Some examples of evidence that you could use include:
- CCTV footage: Requesting access to CCTV footage of your accident could be helpful, as this could provide proof of the accident or how it happened
- Photographs: Taking photographs of your injuries or of the accident site can also help strengthen your claim
- Medical evidence: Notes from a doctor or GP or your medical records could be used to illustrate the extent of your injuries
These are only a few examples of evidence that could be used to strengthen your claim. Get in touch with our advisors today to find out how a solicitor from our panel could help you.
Could You Make A Claim For An Accident At Work On A No Win No Fee Basis?
If you choose to hire the services of a legal professional, you may be offered a No Win No Fee agreement. A common form of this is a Conditional Fee Agreement (CFA). With a CFA, you will usually not have to pay your solicitor for their services if your claim is unsuccessful. Similarly, your solicitor will not generally ask for any upfront fees to begin working on your claim.
In the event that your claim is successful, your solicitor will take a deduction from your award called a success fee. This is legally capped and is taken as a percentage of the compensation you’re awarded.
Contact Us 24/7 For Free To See If You Could Make An Accident At Work Claim
You can contact our team of advisors and receive a free consultation for your claim at any time of the day. If an advisor from your team finds your claim to be valid, they may then connect you with a solicitor from our panel.
Please don’t hesitate to get in touch if you have any queries or questions regarding your claim. You can contact us by:
- Calling the phone number at the top of the page
- Contact us online
- Chat with an advisor through our live chat feature
Learn More About Claiming For A Herniated Disc From Work
For further information, feel free to click on the external resources linked below:
- Managing Risks and Risk Assessments At Work– HSE
- Statutory Sick Pay- Government Guidance
- Lumbar Disc Herniation– NHS
Thank you for reading our guide on how to claim if you sustained a herniated disc in work as a result of a breach of duty of care.
Writer Emily Marrow
Publisher Cat Hamilton/Fern Summers
