By Stephen Kane. Last Updated 3rd January 2024. Have you suffered a slipped disc injury following an accident that wasn’t your fault? If so, you may have grounds for a compensation claim. A slipped disc injury, also referred to as a herniated disc, can have a significant impact on everyday life and procedures such as spinal surgery may become necessary. But how can you proceed with a claim to ensure it has the best possible chances of succeeding?
This guide covers that question and many others as we take a closer look at compensation claims for slipped disc injuries. This includes an example case study to show how such an injury caused through negligence may be entitled to a compensation payout.
We will also examine what amount of herniated disc compensation in the UK you could receive and provide examples highlighting in what instances you may be able to claim.
You can navigate through our guide by clicking on the relevant section below. However, if you would prefer to get in touch with us immediately to start your claim you can do so right away.
Choose A Section
- Case Study: £16,000 For A Slipped Disc Injury
- When Could I Claim For A Slipped Disc Injury?
- Time Limit For Claiming For A Slipped Disc Injury
- How To Make A Claim For A Slipped Disc Injury
- Slipped Disc Compensation Amount UK – How A Settlement Is Calculated
- Claiming For A Slipped Disc With A No Win No Fee Solicitor
- More Resources And Guides On Slipped Disc Injuries
Mr McKinlay, 50, worked at a supermarket as a shop assistant. One day, a manager on duty requested that he move a box from the stockroom to the shop floor.
Mr McKinley expressed concern as the box was very heavy and large. He explained to his manager that there was a trolley that was usually used to transport items of this size from the shop floor. The manager advised that the trolley was currently being used to unload items from a delivery van and that it was important for the stock to be moved to the floor right away.
Against his better judgement, Mr McKinlay went to the stockroom to move the heavy box. He hand never had any manual handling training. As he lifted the box, he felt a sharp pain in his lower back. There was the feeling of muscle weakness in his legs plus general leg pain, and he found that it was difficult and painful to bend his back.
Mr McKinley reported the accident to his manager and made sure that it was included in the accident book. He spoke to another employee who had been there while Mr McKinley expressed his concerns about lifting the load to the manager. She agreed to provide a witness statement as to what had happened if needed.
Later that night, the sharp pain in his back hadn’t subsided, and Mr McKinlay began to grow more concerned. He went to the A&E department at his local hospital and was diagnosed with a slipped disc injury in his lower back.
The aftermath of the accident
This situation proved very frustrating to Mr McKinley. Not only was he set to lose out on six weeks worth of earnings, but he would no longer be eligible for the £750 attendance bonus available in his workplace.
Furthermore, the leg pain and problems with his spinal cord made it impossible for him to drive safely. This meant that he had to pay taxi fares to get around while he recovered from his injuries. He also had to hire a cleaner to come once a week and help with the household chores he was unable to do.
After four weeks, Mr McKinley hadn’t noticed much improvement in his condition. He went to his GP, who recommended a course of physiotherapy. After the initial sessions available on the NHS, he had noticed some improvement. Because of this, he decided to pay for additional sessions privately.
Mr McKinlay spoke to a personal injury solicitor, who advised him that he had grounds to make a claim. His colleague corroborated his version of events, and it was clear that his employer was in breach of their duty of care. Mr McKinlay received a compensation settlement of £16,000, with £12,230 being general damages and £4,270 being special damages. The special damages associated with the claim are broken down in the table below.
|Type Of Special Damages
|Lost earnings from being unable to work
|Loss of bonus
|Mr McKinley was no longer eligible for the attendance bonus available through his work
|Costs of prescriptions for painkillers and private physiotherapy sessions
|Costs of using taxis
|The cost of a cleaner and gardener to come to his home
We should point out that this is an example claim that is based on our past experience of valuing and dealing with compensation claims. Not based on an actual case.
If you have suffered a slipped disc injury, then you may have valid grounds to claim compensation if you can establish your injury was caused by another party breaching a duty of care they owed you. Who may have breached their duty of care, and the details of that duty will depend on where your injury occurred.
- Road traffic accident – A back injury such as a slipped disc could be the consequence of a road traffic accident caused by another party. Each road user owes one another a duty of care to use the roads responsibly and avoid causing harm. Road users should also adhere to the Road Traffic Act 1988 and follow the rules established in the Highway Code.
- Accident at work – If you have suffered a back injury at work, then your employer may have breached the duty of care they owe you. Under legislation such as the Health and Safety at Work etc. Act 1974, employees are owed a duty of care by their employers. As part of their duty, employers should take reasonable steps to protect their workers from avoidable harm while they are working. These steps may include performing regular risk assessments, providing adequate training and providing personal protective equipment if required for the work that takes place.
- Accident within a public place – A back injury caused by an accident in a public place may lead to a claim against the party responsible for controlling that area. Under the Occupiers’ Liability Act 1957, parties responsible for controlling a public space owe those who visit it a duty of care to ensure their reasonable safety.
For more information on whether you’re eligible to claim for a slipped or herniated disc injury or another type of back injury, please contact our advisors for free today.
You have up to 3 years to claim after suffering or learning that you suffered a slipped disc injury through negligence For children or victims lacking mental capacity, somebody else could represent them as a litigation friend.
If, by the time a child turns 18 a claim hasn’t been made on their behalf, they then have until their 21st birthday to make a claim for themselves. The time limit for a personal injury claim will also restart if the victim regains the mental capacity to claim on their own behalf.
There are many ways you could suffer this type of injury and you could receive compensation if you’re able to prove that the injury was caused by negligence. This includes, for instance, suffering the injury due to medical negligence or claiming against the council due to suffering it in a public place that is owned by them.
If you have suffered a back injury, such as damage to the spinal column or spinal nerves, and it was caused by another party breaching their duty of care, you may have questions about how you could receive compensation for the type of injury you have, such as herniated disc compensation. Before determining whether you have a valid claim, you should make sure you receive the medical treatment you require for your injury first.
After you’ve received treatment, we advise you to start gathering evidence that can support your case. Collecting sufficient evidence can help establish that the party you intend to claim against is liable for your injury.
Examples of evidence, depending on the circumstances that caused your injury, may include:
- Medical records that confirm your injury and the treatment you received for it. This may include reports that cover your medical history and details from a physical examination you’ve received since the incident that has caused disc herniation. A report from an MRI (magnetic resonance imagining) scan on your spinal cord may also be included if available.
- Photos of the accident scene where your injury occurred.
- Any video footage available that shows the incident that caused your injury, such as CCTV footage.
- Contact details of any witnesses that saw the incident that caused your injury.
We also recommend you get in touch with a solicitor who can review and potentially support your claim. If you contact our advisors about your claim and they determine you have a strong case, they could connect you with our panel of experienced solicitors.
If your personal injury claim is successful, your herniated disc compensation settlement could consist of two heads of claim: general and special damages.
General damages compensate for the physical pain and mental suffering caused by your injury. Special damages may be included to compensate you for any financial losses that you’ve incurred as a result of your injuries. Examples may include loss of earnings, travel expenses, the cost of a physical therapist and other care costs.
For guidance when valuing general damages in your claim, legal professionals refer to the Judicial College Guidelines (JCG) from Judiciary UK. This text lists guideline compensation brackets for various injuries.
Our table below provides a few figures from the 16th edition of the JCG. Please only use the amounts as guidance. Also, please be aware these figures only apply to claims made in England and Wales. Also note that the first entry in the table is not based on the JCG.
|Multiple Serious Injuries Plus Special Damages
|Up to £500,000+
|If you are making a valid claim for multiple serious injuries, including a serious back injury, then you may receive a payout that covers all of your injuries plus relevant special damages, such as the cost of home care.
|£91,090 to £160,980
|The most severe injuries in this bracket will cause spinal cord and nerve root damage, leading to very serious consequences, leading to severe pain and disability.
|£74,160 to £88,430
|Injuries in this bracket will involve nerve root damage causing symptoms like impaired mobility, loss of sensation and sexual difficulties.
|£38,780 to £69,730
|Disc lesions or disc fractures where, despite treatment (sometimes requiring surgery), disabilities such as impaired agility, depression and a personality change remain.
|£27,760 to £38,780
|Injuries in this bracket include a compression/crush fracture of the lumbar vertebrae leading to risk of osteoarthritis. This causes constant pain and discomfort.
|£12,510 to £27,760
|An injury in this bracket includes backache caused by ligament and muscle disturbance.
|Up to £2,450
|This bracket is for less serious strains, sprains or soft tissue injuries where a full recovery is made within three months.
If you would like to know more about how general damages will impact your compensation amount in the UK, please get in touch with our advisors.
Many of us have heard the term No Win No Fee used in relation to personal injury claims. But what does this mean for your back injury compensation case? And how could you benefit from a No Win No Fee agreement?
If you decide to pursue a compensation claim with a No Win No Fee solicitor, then this means that:
- You don’t pay any legal fees to your personal injury solicitor upfront or while your claim is ongoing.
- If your claim isn’t successful, you don’t pay anything to your No Win No Fee solicitor at all.
- You’ll only be asked to pay your solicitor’s fees in the event that your claim is successful. A legally capped success fee will be deducted from your compensation to cover their costs.
If you’re offered a No Win No Fee agreement by a personal injury solicitor, it’s a good indicator that they are confident that your claim has a good chance of success. This is because they won’t recover any of their legal fees in the event that it is not.
If you’d like to find out more about making a claim for a slipped disc injury, then please don’t hesitate to get in touch with our team. We’ll be happy to offer you help and advice.
If you are ready to start a claim or would just like more information, you can get in touch by calling us on 0161 696 9685. You can also use our contact form online or, to receive an instant response from one of our team, simply use our Live Chat feature at the bottom right of this page.
You may still have questions relating to making personal injury claims or about slipped disc injuries in general. If so, you may find the links below of use.
Claiming after a car accident – Have you suffered a back injury after being involved in an accident on the road? If so, this guide could help you start a claim.
How is personal injury compensation calculated? – If you have any questions about how personal injury claims are calculated, this guide could answer them for you.
Claims against a local authority or council – If you’ve been injured in a public place such as a park, you may be entitled to make a claim for compensation against a local authority. Read our guide to find out more.
NHS slipped disc guide – A guide from the NHS about slipped discs, including information on treatment, symptoms (like shooting pain around parts of the back like the lumbar spine or leg pain) and how you can aid your recovery with initial treatment and other steps.
Manual handling at work – On this page, HSE look at how the risks of manual handling in the workplace can be reduced.
Serious spinal injury claims – This guide can offer advice on claiming for injuries that affect other parts of the back or spine, such as the spinal cord or spinal canal.
Thank you for reading our guide on slipped disc injury claims. To learn more about seeking herniated disc compensation in the UK, please contact us at a time that works for you.