You may be wondering what steps are involved in making a back injury at work claim. Within this guide, we will look at when you could make a personal injury claim and what criteria you’d need to fulfil.
Back injury at work claim guide
We will also look at the time limitations for work injury claims and how much your claim could be worth. We will also discuss the benefits of No Win No Fee agreements and how legal representation may benefit you.
Continue reading to see for guidance on making a claim after a back injury at work. Alternatively, our advisors are available to provide you with free legal support. To reach us, use the following details:
- Contact us through our website
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Browse Our Guide
- When Can I Make A Back Injury At Work Claim?
- How Much Compensation Could You Receive For A Back Injury Claim?
- How Could Employer Negligence Lead To A Back Injury Claim?
- Evidence That Could Help In A Serious Injury Claim
- Make A Back Injury At Work Claim Using Our No Win No Fee Solicitors
- Learn More About Making A Back Injury At Work Claim
When Can I Make A Back Injury At Work Claim?
In the workplace, employers must do everything they reasonably can to prevent injuries to those who work for them. The Health and Safety at Work etc. Act 1974 outlines this duty of care. If you’re injured because your employer failed to adhere to this, then you could be entitled to claim.
Some of the things that employers are expected to do in order to adhere to this duty include:
- Carrying out risk assessments
- Providing training and personal protective equipment
- Maintaining good housekeeping
If you can demonstrate that you were owed a duty of care and that a breach in this caused you to be injured, then you could claim compensation. Speak with a member of our team today for a free, no-obligation assessment of how much your claim could be worth.
How Much Compensation Could You Receive For A Back Injury Claim?
Compensation payouts can be made up of two heads of claim. The first of these is general damages, which relates to the physical and psychological pain and suffering you experienced due to employer negligence.
To help them calculate the value of general damages, legal professionals use the Judicial College Guidelines (JCG). This publication displays guideline compensation figures for this head of claim. You can see some examples below; however, please note that your settlement payout will depend on the unique factors of your claim. For an estimation of how much your injuries could be worth that’s based on your specific circumstances, call our advisors.
| Injury | Award Bracket | Notes |
|---|---|---|
| Severe Back Injury (a) (i) | £91,090 to £160,980 | Serious consequences combined with severe injuries such as spinal cord damage are included in this bracket. |
| Severe Back Injury (a) (ii) | £74,160 to £88,430 | Cases in this bracket have special features including nerve root damage with impaired mobility and bladder function. |
| Severe Back Injury (a) (iii) | £38,780 to £69,730 | Disc lesions, fractures of discs or soft tissue injuries resulting in chronic conditions. |
| Moderate Back Injury (b) (i) | £27,760 to £38,780 | Compression fractures to the lumbar vertebrae with constant pain and prolapsed intervertebral disc with required surgery are examples of the injuries within this bracket. |
| Moderate Back Injury (b) (ii) | £12,510 to £27,760 | Ligament and muscle disturbance causing backache. |
| Minor Back Injury (c) (i) | £7,890 to £12,510 | Injuries such as sprains, soft tissue injuries, and disc prolapses can be recovered from within two to five years without surgery. |
| Minor Back Injury (c) (ii) | £4,350 to £7,890 | Short-term acceleration and exacerbation injuries can fall within this bracket, with recovery taking place within two years. |
| Minor Back Injury (c) (iii) | £2,450 to £4,350 | Full recovery without surgery between three months and a year |
| Minor Back Injury (c) (iv) | £3,950 to £12,590 | Full recovery within three months. |
Claiming For Financial Losses As Part Of Your Back Injury Claim Amount
You can claim for financial losses you’ve incurred as a result of an accident in which you were injured. For example, if you were injured so badly that you couldn’t attend a holiday that you had booked and paid for, then you could claim back the cost of this. As with other areas of your claim, you must provide evidence to seek a settlement. For financial losses, this can include receipts, bank statements and prescriptions.
Further costs that can be included in special damages include:
- Medication costs
- Loss of earnings
- Cost of repair to personal property
A solicitor can help you collect evidence. If you’d like to see whether you could be connected with a No Win No Fee lawyer, speak with a member of our team today.
How Could Employer Negligence Lead To A Back Injury Claim?
Back pain can occur for many reasons. In order to claim compensation for workplace back injuries, you must have proof that your employer’s negligence was the cause of the harm you experienced.
Scenarios that may lead to a back injury at work claim may include:
- Wires and objects aren’t tidied away or fixed to the floor correctly, causing you to fall at work and injure vertebrae.
- Maintenance checks haven’t been completed, leaving equipment at risk of breaking down while in use. This could lead to you being thrown from a moving vehicle at speed.
- You aren’t given the manual handling training you need to carry out your role safely. Because of this, you pull a muscle in your back while performing a task.
If you were injured as a result of employer negligence, you may be eligible to seek compensation. See below for more information on proving your back injury at work claim.
What Is The Work Injury Claim Time Limit?
The timescale you have in which to start a claim is generally three years from when you sustained injuries due to employer negligence. The Limitation Act 1980 sets this out.
However, there are some cases in which exceptions can apply. For example, if you are mentally incapable of claiming for yourself, the time limit will only begin in the event you recover. A claim can still be made at any time by a litigation friend, appointed to seek compensation on your behalf. Similar exceptions could apply in cases where the injured party is under 18.
Our advisors can help you understand if you’re within the time limit to make a claim. You can connect with our team at any time that suits you, as our phone lines are open 24/7. There are no strings attached to receiving free legal support from our team, so why not give us a call?
Evidence That Could Help In A Serious Injury Claim
You must provide evidence to show a breach of duty of care contributed to or directly caused your injury. Valid evidence may include:
- CCTV footage
- Medical records, including doctors’ reports, hospital admission reports and copies of scans
- Witness contact details. They could provide a statement in support of your case.
- The copy of the record of the incident in the accident at work book
You might also be asked to attend an independent medical assessment. Here, a medical professional will look at your injuries and confirm that they’re consistent with your accident. They’ll also give you guidance on your prognosis, which could affect your claim’s value.
Use the banner at the top of the page to connect with our team for free legal advice.
Make A Back Injury At Work Claim Using Our No Win No Fee Solicitors
Our No Win No Fee solicitors can work with under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement that allows you to access legal representation without paying any fees upfront. You also generally won’t have to pay for the work your lawyer has done throughout the accident claims process, or if you’re unsuccessful in receiving a settlement.
However, if your claim ends with you being awarded compensation, a success fee will be deducted from your settlement. This is a percentage that is legally limited and should be proportionate to the amount of work your lawyer has done on your case.
Our advisors can connect you with a No Win No Fee solicitor if your claim has a good chance of success. For more information on starting the back injury at work claims process, contact our team today:
- Call 0800 073 8802
- Contact us online
- Use the live chat to speak to an advisor instantly
Learn More About Making A Back Injury At Work Claim
We have provided some additional links below that you might find useful:
- Payouts for slips, trips and falls at work
- Can you claim for a slip and fall injury?
- Potential slip and fall settlements
For further reading, see the following links.
Thank you for reading our back injury at work claim guide. Contact our advisors today for further support.
Writer Jess Axle
Publisher Fern Spall
