By Danielle Nicholson. Last Updated 14th July 2023. 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. 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 a slipped disc injury caused through negligence may be entitled to a compensation payout.
A slipped disc injury may also be referred to as a herniated disc. 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
- Time Limit For Claiming For A Slipped Disc Injury
- What Is A Slipped Disc Injury?
- How Can You Suffer A Slipped Disc Injury At Work?
- Slipped Disc Injury In A Public Place
- Can A Road Traffic Accident Cause A Slipped Disc Injury?
- How To Make A Claim For A Slipped Disc Injury
- Slipped Disc Compensation Amount UK – How A Settlement Is Calculated
- What Are Special Damages?
- Case Study: £16,000 For A Slipped Disc Injury
- Claiming For A Slipped Disc With A No Win No Fee Solicitor
- More Resources And Guides On Slipped Disc Injuries
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.
The vertebrae consist of 33 bones that make up the spinal column. The four regions of the spine are the cervical, thoracic, lumbar spine and sacral curve.
Because the spine is so delicate, there is soft tissue between each bone to keep the spine in check. This soft tissue is called spinal discs. A slipped disc injury occurs when a disc pushes out from between the vertebrae. This can cause a deformity in shape as well as reduce the mobility of the spine to a degree.
Not all slipped discs cause pain or reduced mobility. Many people may not even realise that they’ve slipped a disc However, if the soft tissue pushes on any nerves, then it can cause pain in the back and neck.
Other common symptoms of a slipped disc injury include numbness and tingling in the neck, back and limbs and issues with bending or straightening the back. You may also notice some muscle weakness. If the slipped disc pushes on the sciatic nerve then it may result in sciatica, which can cause pain in the hips, buttocks and legs.
It’s important to note that you can also claim for multiple injuries caused by the same accident. If, for example, you suffered a broken rib as well as a slipped disc, you may be able to claim compensation for both injuries. To learn more about herniated disc compensation in the UK, please contact our team for free legal advice using the details above.
In order to make a claim for a slipped disc injury, the accident that caused your injuries needs to have been the result of negligence on the part of a third party. So, to make a claim, you need to be able to show that:
- A third party owed you a duty of care
- This duty of care was breached which resulted in an accident taking place
- The accident resulted in you being injured
One scenario in which you’re owed a duty of care is in the workplace. The Health and Safety at Work etc. Act 1974 applies a duty of care on your employer has to keep you safe from harm.
To keep you as safe as can be expected your employer may opt to:
- Carry out risk assessments so that any risks to employee’s safety are removed or minimised
- Provide appropriate personal protective equipment
- Maintain good housekeeping in the workplace
- Deliver proper training to all employees
- Ensure that any machinery that needs to be used is safe and well-maintained.
If an employer neglects their duty of care to you by failing to adhere to the guidelines set out in the legislation and you’re injured as a result, then you may be able to make a claim.
We are also owed a duty of care whilst in public places, such as shops, restaurants and bars. This is outlined in the Occupiers’ Liability Act 1957.
This act states that the occupier of a public place has a duty of care to members of the public who use the space for the purpose intended. While it doesn’t specify who the occupier of a space is, it does outline that it should be someone in control of the premises who could have reasonably predicted that the accident might have happened and who had the power to prevent it. In some cases, there may be more than one occupier of a public space.
An example of negligence in a public place could be someone slipping on a spill in a supermarket that wasn’t cleaned up or signposted and injuring their back in the fall. In this scenario, the person who fell and injured themselves may have grounds for a personal injury claim for compensation. Such an injury could lead to you wanting to know more about the average payout for a herniated disc in the UK.
If you’d like to know more about claiming for a slipped disc injury in a public place, please don’t hesitate to get in touch with our team and we will be happy to offer free legal advice.
When you are involved in a road traffic accident, your discs may become maladjusted due to the impact of the crash. If your injuries were caused due to a breach of duty of care, you could potentially claim personal injury settlement amounts for a herniated disc.
Under the Road Traffic Act 1988, all road users owe a duty of care to others to take reasonable steps to avoid accidents. The Highway Code further sets out how road users are expected to act whilst on the road to reduce the risk of road danger. If a road user is found to be in breach of their duty of care, subsequently causing a car accident in which you suffer a slipped disc, you might have grounds for a valid claim.
It’s worth noting that you don’t have to be driving when you suffer a herniated disc. You could be a pedestrian or a passenger in a car. Get in touch, and we can advise you on whether you are likely to be awarded compensation for a herniated disc after a car accident.
If you have suffered a back injury 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 bulging 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.
- 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 bulging 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. For guidance when valuing 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.
|Injury Type||Severity||Compensation Amount||Description|
|Back||Severe (i)||£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.|
|Back||Severe (ii)||£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.|
|Back||Severe (iii)||£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.|
|Back||Moderate (i)||£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.|
|Back||Moderate (ii)||£12,510 to £27,760||An injury in this bracket includes backache caused by ligament and muscle disturbance.|
|Back||Minor (iv)||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 slipped disc compensation amount in the UK, please get in touch with our advisors.
Special damages will compensate you for any financial losses that you’ve incurred as a result of your injuries. They can include:
- Any loss of earnings due to you being unable to work. This can also include future losses if your injuries stop you from being able to return to work.
- Medical costs, including prescription costs and the cost of any treatment or therapy that isn’t available on the NHS.
- Any travel expenses.
- In-home care costs if your injury has led to you needing help with daily activities around the house.
It’s really important that you provide evidence of any special damages in order for them to be included in your claim. Keep hold of any bills or receipts to help ensure that you get the maximum amount of compensation you’re owed.
This list of special damages is by no means extensive. If you’ve experienced a financial loss that isn’t included above, it may still be able to be included. Just get in touch with our team today to find out more.
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. The muscles in his legs felt weak, 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 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 pain in his lower back and legs 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||Includes:||How Much?|
|Lost earnings||Lost earnings from being unable to work||£2,100|
|Loss of bonus||Mr McKinley was no longer eligible for the attendance bonus available through his work||£750|
|Medical costs||Costs of prescriptions for painkillers and private physiotherapy sessions||£470|
|Transport costs||Costs of using taxis||£150|
|Household assistance||The cost of a cleaner and gardener to come to his home||£300|
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.
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 slipped disc 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 slipped disc 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 and how you can aid your recovery.
Manual handling at work – On this page, HSE look at how the risks of manual handling in the workplace can be reduced.
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.