Welcome to our guide on claiming back injury at work compensation. Suffering a back injury could cause you a great deal of physical pain and emotional distress. It can also have a major impact on your personal life and on your ability to work. And if you suffer a back injury at work due to the negligence of your employer, this can be very frustrating and upsetting.
A personal injury claim for compensation could help mitigate the loss, pain and suffering that you have experienced as a result of your accident. If you can show that your injuries were caused by your employer’s negligence, then you may be able to claim.
We have written this guide to inform you about your rights after an accident at work. We’ll illustrate the claims process through an example case study which is based on our experience of assessing claims in the past.
We hope you find this guide informative. If you would like more information and free legal advice, then please call 0161 696 9685 to reach our team. Alternatively, you can use our callback form to reach and request free legal advice from our team.
Select a Section
- A Guide To Claiming Compensation Payouts For A Back Injury At Work
- What Is A Back Injury?
- Top 3 Common Back Injury At Work Causes
- Let Us Calculate Your Personal Injury Compensation Today
- What Are Special Damages?
- Case Study: £45,000 For A Back Injury At Work Claim
- Free Legal Advice For Your Claim Payout
- Can Victims Benefit From No Win No Fee Policies?
- Our Expert Advisors Can Provide Free Legal Advice
- More Resources And Guides On Back Injuries At Work
- Back Injury At Work FAQs
A Guide To Claiming Compensation Payouts For A Back Injury At Work
This guide has been put together to help you to understand your rights in making a back injury at work claim. To begin, we will look at what back injuries are. We will also look at the ways that back injuries can occur in the workplace.
We will go on to look at how claims for compensation are calculated. This will involve looking at the different heads of claim that a compensation award could be made up of. We’ll also examine what kinds of evidence are required to support these heads of claim.
The main focus of our guide will be on an illustrative case study. Through this case study, we’ll illustrate how the claims process works. The case study will look at everything from the circumstances of the accident to the impact that it has on the injured person. We will also look at how compensation is calculated.
Finally, we will look at the benefits offered by a No Win No Fee agreement. We will highlight how it could make the claims process easier for you. We’ll finish by looking at some helpful resources and answering some commonly asked questions related to back injury at work claims.
If by the end of this guide you still have any questions relating to claiming for a back injury sustained at work, please don’t hesitate to get in touch with our team for free legal advice.
What Is A Back Injury?
Your back is made up of the spine, a column of bones known as vertebrae that protect the spinal cord. It also consists of ligaments, tendons and muscles. The tendons and ligaments connect the muscles, which are responsible for movement, to the spine.
There are a number of injuries that you could sustain in your back that may have a severe impact on your quality of life. Some back injuries might be relatively minor in nature, resulting in some pain and stiffness. Other back injuries can have a real impact on your mobility and, in serious cases, can cause paralysis. Because the vertebrae protect the spinal cord, which is made up of nerves, any damage to this can cause chronic pain conditions.
You may also suffer from a back injury in which the discs of cartilage between your vertebrae slip or bulge out of place, known as a slipped disc injury. If a slipped disc presses on a nerve, this can cause a great deal of pain. Sometimes, surgery may be required to treat a slipped or herniated disc.
If you’d like to speak with a member of our team about making a claim for back injury, get in touch with us today. Alternatively, read on to find out about some common causes of back injury in the workplace.
Top 3 Common Back Injury At Work Causes
Let’s take a look at what some of the common causes of back injuries at work are. Before we begin it is important to note the criteria that must be fulfilled in order for you to be entitled to make a claim. You would have to be able to prove that the injury was a result. That means proving three important points:
- Your employer owed you a duty of care
- This duty of care was breached
- Your injury occurred as a result of this breach
According to the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care whenever you’re working. This means that they have a duty to do all that is reasonably practicable to ensure your safety in the workplace. Therefore, your claim will focus on proving that this duty was breached and that your injuries were a direct result of this.
You can learn more about making an injury at work claim on our accident at work claims guide.
Slips, trips and falls
In 2019/20, slips, trips and falls made up 29% of all workplace non-fatal injuries in Britain reported. Slips, trips and falls could cause back injuries, particularly if you fall and land on your back.
Your employer has a responsibility to reduce the risk of workplace accidents, including slips, trips and falls, in a variety of ways. They’re expected to maintain good housekeeping which includes tidying away any trip hazards to reduce the risk of employees being injured in this way.
Also undertaking regular risk assessments to make sure that any hazards which might result in a slip or fall are removed. If the hazard cannot be removed then it should be reduced. An example of a hazard that might be identified through a risk assessment is a loose tile on a floor in a poorly lit area. This could cause someone to trip and be injured, so the tile and lighting would be fixed in order for the risk to be eliminated.
Being struck by moving or falling objects
An item falling from a height, such as an item falling off a shelf, particularly a heavy one, could injure your back. Preventing the risk of employees being injured by falling or moving objects is key to workplace safety. They can do this by ensuring that all items are stacked safely and secured if possible. Heavier items should be stacked lower to the ground, with lighter items higher up.
Personal Protective Equipment (PPE) such as helmets could be introduced to reduce the risk of injury by falling objects. It’s the responsibility of your employer to provide you with the appropriate PPE you need to do your job safely.
Being struck by moving objects can also include being struck by the moving part of a machine or piece of equipment. In order to reduce this risk, an employer could ensure that all machinery is well-maintained and safe for use. This might include things like reconfiguring working spaces so that employees are not put in the path of moving machinery parts which could lead to injury.
Strain injuries
Some roles require you to handle, lift and move loads. These loads can sometimes be heavy, which may increase the risk of back injury in the workplace.
Your employer should make sure that all lifting and handling is risk assessed so that an employee is never tasked with lifting something outside of their abilities. All lifting and handling activities should be planned. If a lifting task could be carried out with the help of a piece of equipment like a trolley, this should be done to reduce the risk of injury.
Furthermore, it’s your employer’s responsibility to ensure that you’re trained in safe manual handling and lifting techniques. An employee should never be made to lift anything that they feel unable to carry safely. You could be entitled to claim if you have been put at risk by being made to carry a load outside your ability or not provided with proper training.
Let Us Calculate Your Personal Injury Compensation Today
While we can’t specify how much compensation you could be entitled to on this page, we can invite you to speak to our team and receive free legal advice about calculating the amount of compensation you could be entitled to.
The amount of compensation you’re entitled to for your injuries will be dependent on a number of factors. Each claim will be valued on a case-by-case basis, and will take into consideration the impact that your injuries have had on your quality of life.
The first head of claim that makes up a compensation award is general damages. General damages will compensate you for the injuries that you’ve sustained and the impact that they have had on your quality of life. The more serious your injury, the more the general damages head of your claim will be worth.
In order to determine the severity of your injuries, you’ll be invited to a medical assessment where an independent expert will look at the impact the accident has had on you. They’ll detail their findings in a medical report which will then be sent to your solicitor.
Your solicitor will use this report and refer to the Judicial College Guidelines in order to value your claim. This document outlines guideline compensation amounts for a variety of injuries of different severities.
If you would like more information about how much compensation you could be entitled to for a back injury at work and how it could be calculated, you can call our advice team for free legal advice. Alternatively, read on to find out more about the special damages head of a compensation claim.
What Are Special Damages?
Financial compensation for the injury itself is not the only form of compensation you could be entitled to for suffering a back injury at work. You could also be entitled to claim special damages.
Special damages is the part of your claim that will compensate you for any out-of-pocket expenses or financial losses you’ve experienced as a result of your injuries. They are intended to compensate you for a variety of things, including:
- The income you might have lost due to having to take time off work.
- Money that you have had to spend on specialist medical treatment that isn’t available on the NHS.
- Lost deposits for things like holidays.
- The cost of transport if you’re unable to drive, or fuel and parking costs for medical appointments.
- Care costs if you need assistance around the home as you recover.
Special damages can be awarded over a long period of time. For example, if you have been rendered permanently unable to work, or unable to return to your previous occupation, you could be entitled to regular payments equivalent to your wage or salary.
Not all special damages claims have to be for such large amounts. Smaller costs, such as the costs of using public transport for a period in which you are unable to drive, can be claimed back as well. Things like the costs of plans that have to be cancelled as a result of an injury, such as holidays or weddings, can also be claimed back in special damages.
Provided you can provide proof of your losses and expenditure, you could be entitled to claim your money back in special damages. For free legal advice on claiming compensation through special damages, call our team on the number provided.
Case Study: £45,000 For A Back Injury At Work Claim
Mr Tovey was an employee at a fulfilment warehouse. His role involved carrying loads from one end of the warehouse to another, where they’d then be loaded onto pallets for delivery. There’d been a problem recently with packaging and wrapping being left on the floor of the warehouse.
Mr Tovey raised this concern with his supervisor. She told him that he should simply watch his step when he was carrying out these duties. He advised that it was sometimes difficult to see past a load he was carrying to the floor. He then asked if he could split some of his larger loads to enable him to see the floor better.
His supervisor seemed unenthused with this suggestion. This was because it would increase the amount of time it took Mr Tovey to carry out his duties. She reiterated that Mr Tovey should simply take greater care when walking. She added that it was unrealistic to expect someone to clear the warehouse floor on a regular basis.
Mr Tovey’s accident
One day while carrying a load of cardboard boxes that partially obscured his view of the floor directly in front of him, My Tovey slipped as he stepped on some discarded plastic wrapping and fell. He fell backwards and his back hit the concrete floor with some force. Immediately, he was in a great deal of pain and was unable to get up from the ground without assistance. He recalled the conversation with his supervisor and was very frustrated that his concerns had been dismissed.
One of Mr Tovey’s co-workers called an ambulance so that he could seek medical attention. This coworker also had the presence of mind to take photos of the scene of the accident. He also took a clear picture of the hazard that caused Mr Tovey to slip. They also made sure that the accident was logged in the warehouse’s accident book.
When he was looked over by a doctor, it was confirmed that he’d suffered from a herniated disc. This would need surgery to heal. He was advised he’d need to take several months off work following surgery, as his job was somewhat physically demanding.
Mr Tovey’s Recovery
Because of his injuries, Mr Tovey was forced to take months off work. Not only did this result in him losing out on earnings in this period, but it also cost him an attendance bonus which he was previously on track to receive.
After the surgery to repair his herniated disc, Mr Tovey was unable to cook or clean for himself. He was also a single father to a five-year-old daughter. His injuries meant that he was unable to care for her the way he had before his injuries. He was also unable to take her to and from school. Because of this, he hired in-home care to help him look after his daughter and carry out the essential tasks around the home.
Because of the restricted mobility in his back, Mr Tovey was unable to drive. This meant he was dependent on public transport to get to and from medical appointments and physiotherapy sessions.
Mr Tovey had eventually recovered enough to drive and return to work. However, he was left with persistent back pain and discomfort.
Mr Tovey’s Compensation
This table shows a summary of the amount of back injury at work compensation Mr Tovey was awarded for his injuries in total.
| General damages | Special damages |
|---|---|
| £36,000 for a moderate back injury causing persistent pain, discomfort and loss of mobility. | £5,720 in lost income |
| £500 in lost attendance bonus | |
| £150 Public transport expenses | |
| £2,630 in care costs for Mr Tovey and his child |
The case of Mr Tovey is an example. We’ve created it by using our past experience of valuing and assessing claims for compensation. The example above is intended to show how accidents can occur and how compensation awards are valued.
Free Legal Advice For Your Claim Payout
You may be wondering how much compensation you could be owed for the injuries you’ve sustained following an accident caused by negligence. Perhaps you’re tempted by the online compensation calculators that many websites offer in order to value your claim.
You will receive a much more accurate valuation of your compensation by speaking to a member of our team than by using an online calculator. This is because our service collects more information specific to your case than an online calculator is able to. Because of this, you get a much more accurate idea of how much your claim could be worth.
If you’d like to know more about how much compensation you could be owed for your injuries, then speak to a member of our team today. One of our advisors will be happy to offer you free legal advice about your claim.
Can Victims Benefit From No Win No Fee Policies?
Funding a solicitor with a No Win No Fee agreement (sometimes called a Conditional Fee Agreement) means that you don’t need to worry about paying your solicitor’s fees in order for them to start working on your claim. You also won’t be asked to pay a thing while the claim is ongoing. If the claim is unsuccessful, there won’t be anything to pay your solicitor at all.
The only circumstances in which you’d have to pay legal fees to your solicitor is if your claim succeeds. In this event, your legal fees will be taken from the compensation awarded to you in a success fee. You needn’t worry about losing a large chunk of your compensation to legal fees; this success fee is legally capped, meaning that you’ll always get the majority of the compensation you’re owed.
Our Expert Advisors Can Provide Free Legal Advice
Thank you for reading our guide on claiming compensation for a back injury at work. If you’d like more information or would like to start your claim today, you can:
- Call us on 0161 696 9685
- Fill out the callback form on our website
- Use the live chat feature at the bottom right of this website.
More Resources And Guides On Back Injuries At Work
£1 Million Compensation Payout For A Spinal Cord Injury
Can I Claim For An Office Workplace Accident?
Manual Handling at Work- HSE Guide
Back Injury At Work FAQs
What happens if I injure my back at work?
If you suffer a back injury at work, then you should seek medical attention as soon as possible. You should also make sure that the injury and the accident that caused it are recorded in your workplace’s accident book.
Can I sue my employer if I injure my back at work?
You could be entitled to sue your employer for injuring your back at work. To do this you will have to provide evidence that your accident was caused by your employer neglecting the duty of care they have to you.
Thank you for reading our guide on claiming back injury at work compensation.
Page by KT
Published by NS