If you have suffered a neck injury at work, you could be eligible to claim accident at work compensation. Our guide will explain the criteria you must meet in order to do so.
Moreover, we take a look at what potential payouts you could receive following a successful claim and how accident at work solicitors can value injuries. We also provide examples of evidence that could be beneficial when trying to make a successful claim.
Furthermore, we explore the benefits of making an accident at work claim on a No Win No Fee basis and the financial advantages that accompany such agreements.
For further information, please keep reading. Alternatively, you can speak with us about your potential claim in a number of ways:
- Call us on the number at the top of the page
- Contact us by completing our online form
- Discuss your queries with us using our live chat bubble
Our advisors are available to help 24/7, so don’t hesitate to get in touch if you require legal advice.
Neck injury at work claims guide
A Guide To Claiming For A Neck Injury At Work
Sustaining a neck injury at work can have a variety of effects on you, both physical and psychological. If you can prove that your employer breached their duty of care, you may be eligible to receive compensation for your injury.
If you succeed in making a claim, you can receive compensation that takes into account the pain and suffering of your injuries as well as any financial impact they may have had.
Please get in touch if you have any further questions concerning your potential claim by using the methods listed at the top and bottom of this guide.
When Are You Eligible To Claim For A Neck Injury At Work?
When you have an accident in the workplace, your employer may be liable for your injuries. Your employer owes you a duty of care to protect your health and safety while at work or performing work related duties.
The Health and Safety at Work etc. Act 1974 states that your employer must take reasonably practicable steps to ensure your safety in the workplace. The steps they can take to reduce the risk of you experiencing harm can include carrying out risk assessments, maintenance checks, and providing adequate training and equipment.
If they fail to do so, this is a breach of the duty of care they owe you. If this breach causes you harm, either physically or psychologically, this is known as employer negligence.
You may be able to seek compensation for the harm you sustained if you can demonstrate negligence occurred.
There are different types of accidents at work that could cause you to sustain a neck injury at work. For example:
- Slips, trips and falls: You may have slipped on a wet floor that wasn’t signposted or fall downstairs due to a faulty handrail and injure your neck.
- Construction accident: You may fall in a scaffolding accident due to scaffolding that wasn’t maintained properly. Alternatively, you may not have been provided with the necessary personal protective equipment and sustaining an injury.
- Factory accident: You may not have been provided with the necessary training on operating machinery, such as a forklift truck, resulting in you sustaining a neck injury as well as other injuries.
When involved in these accidents, having evidence to prove your employer’s breach of duty is important in making a claim. We have explored this further in more detail throughout our guide.
What Is My Potential Compensation Payout From An Accident At Work Claim?
After making a successful claim for a neck injury at work, you could receive a payout that comprises up to two heads of claim. General damages cover the pain and suffering you have endured because of your injuries.
The Judicial College Guidelines provide compensation brackets for different neck injuries. These can assist solicitors in valuing injuries in a claim. We have included these in the table below. However, these figures should only be used as a guide, as the outcome of your settlement may vary in comparison.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Neck Injury | Severe (a) (i) | Associated with paraplegia that is incomplete. | In the region of £148,330 |
| Neck Injury | Severe (a) (ii) | Serious fractures or damage to discs in cervical spine. | £65,740 to £130,930 |
| Neck Injury | Severe (a) (iii) | Injuries include severe damage to the soft tissues causing a permanent and significant disability. | £45,470 to £55,990 |
| Neck Injury | Moderate (b) (i) | Fractures or dislocations potentially requiring a spinal fusion. | £24,990 to £38,490 |
| Neck Injury | Moderate (b) (ii) | Cases involving a soft tissue or wrenching-type injury. May also include a severe disc lesion causing cervical spondylosis. | £13,740 to £24,990 |
| Neck Injury | Moderate (b) (iii) | Injuries accelerating or exacerbating pre-existing conditions. | £7,890 to £13,740 |
| Neck Injury | Minor (c) (i) | Full recovery from soft tissue injuries within one to two years. | £4,350 to £7,890 |
| Neck Injury | Minor (c) (ii) | Full recovery from soft tissue injuries between three months and a year. | £2,450 to £4,350 |
| Neck Injury | Minor (c) (iii) | Full recovery from soft tissue injuries within three months. | Up to £2,450 |
| Shoulder Injury | Severe (a) | Associated with neck injuries. Damage to the brachial plexus is involved and the result is a significant disability. | £19,200 to £48,030 |
Special Damages Compensation In Neck Injury Claims
Special damages are another head of claim that could be included in your settlement. These cover the monetary losses you have endured due to your injuries and aim to restore you to the financial position you were in prior to the accident that caused your injury.
Examples of these types of loss include:
- Loss of earnings
- Transport costs
- Medical expenses
- Cost of home adaptations
In order to claim these losses, it is important to have sufficient evidence. This can help to illustrate your injury’s financial impact. Evidence can include:
- Bank statements
- Payslips
- Tickets from public transport
- Proof of purchasing medication
- Evidence of paying for adaptations to your home
Evidence That Could Be Used When Claiming For A Neck Injury At Work
When wondering how to make a work injury claim, you should consider gathering evidence of the accident and injury. Evidence can include:
- CCTV footage showing the accident
- Photographs of the injury
- Witness contact details
- Copies of medical records
Our panel of solicitors can assist you in acquiring these forms of evidence to help you claim for your neck injury at work. They can also help ensure you put forward a full and complete claim.
When making a work injury claim, you must ensure you do so within the relevant time limit. The Limitation Act 1980 outlines that you have three years from the date of your accident or from the date you acquired knowledge of negligence to start your claim.
There are exceptions in which the time limit is suspended. These are if:
- A person is under eighteen at the time of the accident. They have three years from the date of their eighteenth birthday to start a claim. Before this point, a suitable adult can apply to act as a litigation friend and put forward the claim on their behalf. This can be done while the time limit is suspended.
- A person lacks the mental capacity to claim at the time. In the event that they recover their mental capacity, they have three years from this date to make a claim. Alternatively, a litigation friend appointed by the courts can put forward the claim for them while the time limit is frozen.
Learn more about the time limits involved in making a neck injury at work claim by calling our team on the number above.
What Are The Benefits Of Using Our Panel Of No Win No Fee Accident At Work Solicitors?
No Win No Fee agreements typically mean that you may not be required to pay for your solicitor’s services upfront or while the claim is ongoing. A Conditional Fee Agreement is a popular kind of this arrangement.
Under a CFA, in the event that your claim is successful, your solicitor may take a success fee. This is taken from your compensation, but it is legally capped, so there is no worry about being overcharged.
However, if your claim fails, you typically don’t need to pay for the work your solicitor has completed on your case.
The solicitors from our panel can offer to represent your case on this basis. Learn whether they could take your case by getting in touch on the details provided below.
Contact Us 24/7 For Free To See If You Can Claim For A Neck Injury At Work
You can contact us anytime for a consultation about your potential claim for your neck injury at work. Our advisors can answer any of your queries and help you understand whether you’re eligible to seek compensation for an accident at work.
For more information, do not hesitate to contact us in the following ways:
- Call us on the number at the top of the page
- Contact us by completing our online form
- Discuss your queries with us using our live chat bubble
Learn More About How To Claim For A Work Injury
For further information, feel free to explore the external resources below:
- Health and Safety Executive – Safe Use of Ladders and Stepladders
- NHS – First Aid
- GOV – Compensation After An Accident Or Injury
Thank you for reading our guide on when you can claim for a neck injury at work. If you have any other questions, get in touch using the details provided above.
Writer Emily Marrow
Editor Meg Martin
