By Cat Grayson. Last Updated 22nd November 2023. Some workplaces, particularly those requiring manual labour or heavy lifting can make employees vulnerable to back injuries. Therefore the employer should put steps in place to ensure the health and safety of their workers.
In a workplace where appropriate steps have not been taken to safeguard health and safety and an employee receives an injury then the employer can be held liable. If you have suffered a back injury whilst at work then you may be able to claim a back injury at work payout. Our advisors will help you to take steps to claim the compensation you deserve.
Please contact us today on 0161 696 9685 to find out more. Read on through our helpful guide to find out more about back injuries at work and whether you may be eligible to make a claim.
Select A Section
- Back Injury Claims – Who Is Eligible For A Back Injury Claim?
- How Much Compensation For A Back Injury At Work Can I Claim?
- Causes Of Back Injuries In The Workplace
- Back Injury At Work – Claim Time Limits
- Back Injury At Work Claims With No Win No Fee Solicitors
Your employer has a legal duty of care to take reasonably practicable actions whenever necessary to help ensure your health, and to deal with hazards, at your place of work.
As the Health and Safety at Work etc. Act 1974 states, some of the responsibilities your employer has includes:
- Providing you with training, equipment or other necessary materials that could ensure your health and safety
- Ensuring as best as they can that any systems of work they provide you with are in safe working order e.g. any machinery is not faulty
- Making sure work areas are free of hazards such as loose wires or slippery floors
If you suffered from a back injury because your employer did not properly fulfil this duty, you may be eligible to make a back injury claim.
The guidance we have provided in the previous section can give you some insight into what compensation in back injury claims can look like. However, if you get in touch, our advisers can answer any questions you have directly.
You might be interested in the average payout for a back injury at work in the UK. Unfortunately, we can’t offer an average payout for back injury claims. This is because every claim is unique, and compensation is awarded on a case-by-case basis.
However, we can offer more insight into how your back injury at work claim could be valued, and the types of compensation that you could receive.
General damages are awarded to every successful personal injury claimant, and these compensate for the physical pain and mental suffering that has been caused by your back injury.
In the table below, we’ve listed a few figures from the 16th edition of the Judicial College Guidelines (JCG). This is a document that legal professionals can refer to for guidance when valuing this head of your claim, as it lists guideline compensation brackets for a variety of different injuries.
Please only use this table as a guide.
|Multiple Severe Injuries Plus Special Damages
|Multiple serious injuries in conjunction with substantial financial losses, including lost earnings and home adjustments.
|Up to £1,000,000+
|Award would depend on various factors such as the level of pain experienced and degree of independence
|£219,070 to £284,260
|Severe back injury (i)
|Spinal cord and nerve damage resulting in serious consequences including severe pain along with disability, plus any combination of incomplete paralysis and impairments to the bladder, bowel or sexual functioning.
|£91,090 to £160,980
|Severe back injury (ii)
|Spinal damage with a loss of sensation and impaired mobility
|£74,160 to £88,430
|Severe back injury (iii)
|Fractures or lesions of the discs or soft tissue injuries that result in chronic conditions and disabilities even after treatment.
|£38,780 to £69,730
|Moderate back injury (i)
|Could involve compression or crush fractures of vertebrae with future osteoarthritis and ongoing pain.
|£27,760 to £38,780
|Moderate back injury (ii)
|Backache from ligament or muscle disturbance or soft tissue injuries causing an exacerbation of a pre-existing back problem.
|£12,510 to £27,760
|Minor back injury (i)
|A full recovery occurs within 2-5 years without surgery.
|£7,890 to £12,510
If you would like to know how much potential compensation for a back injury at work you could claim, speak with one of the advisors on our team.
Can A Claim For Back Injury At Work Include Special Damages?
If you are eligible to claim for general damages when seeking compensation for a back injury at work, then you may also be able to claim for additional compensation known as special damages. This head of claim compensates for the financial losses or expenses that can be directly linked with your back injury.
Some examples of the financial losses you could be compensated for in your back injury at work claim include:
- A loss of earnings.
- Travel expenses.
- Medical costs.
- Carer expenses.
You should provide evidence of these financial losses when making a claim for special damages, such as bank statements and receipts.
For more information on how to make a claim for a back injury at work, you can contact our advisory team. They could also offer you a free valuation for your potential claim.
There are many ways in which you could suffer a back injury in the workplace. However, as we’ve already mentioned, you have to be able to prove that your injuries were caused by your employer breaching their duty of care to make a back injury at work claim.
Some examples of how this could occur can include:
- Manual handling injuries: If you aren’t properly trained in manual handling, or if your employer asks you to lift a load that is not a safe weight without any equipment, this could cause a substantial back injury.
- Slips, trips, and falls: Spillages that aren’t signposted or cleaned up in a timely manner or poor housekeeping that results in walkways being cluttered can lead to slips, trips, and falls. A fall on a hard surface or down a set of stairs could cause a back injury.
- Falling objects: If you work in a warehouse or loading bay with faulty equipment or shelving, this could lead to heavy objects falling and striking you. A box or container falling from a shelf and hitting you could cause a back injury.
If you are interested in claiming compensation for a back injury at work, contact our team of helpful advisors today. They can evaluate your case for free, and could potentially put you in contact with a solicitor from our panel.
It’s stated in the Limitation Act 1980 that, generally, you have 3 years from the date of your injury (or the date you become aware of your injury) to begin the process of making a claim. However, there can be exceptions to the typical 3-year time limit.
For example, if it’s a child who was injured at work, the back injury must be claimed for by a litigation friend. This is because anyone under 18 cannot make their own claim. The litigation friend can start such a claim at any point until the claimant’s 18th birthday. Then, the claimant will be subject to the usual 3 year limitation period.
If those who lack the mental capacity to pursue a claim sustain back injuries, compensation claims must also be made by a litigation friend. Additionally, the time limit is also suspended and only begins if the claimant recovers to point of being considered capable to claim on their own.
Get in touch with our advisors for more information on the back injury at work claim process.
If you have grounds to claim because you injured your back at work, then we recommend seeking support from a solicitor who has previous experience with this type of claim. Our team could potentially connect you with our panel of solicitors for help.
One of our solicitors may offer to support your case under a type of No Win No Fee agreement that’s called a Conditional Fee Agreement (CFA). If a No Win No Fee solicitor agrees to support your case, then you won’t be required to pay any legal fees upfront. It also won’t be necessary to pay any fees when your case is being processed.
If your claim is successful, then a success fee is subtracted by your solicitor from the compensation awarded to you. If your claim is unsuccessful, then you usually won’t need to pay for their services.
To learn more about whether you could make a back injury claim with a No Win No Fee solicitor, you can contact our advisors by:
Recommendations For Further Guidance
- The HSE on Back Pain – Guidance on back pain
- NHS Back pain advice and information – More advice and information on back pain and how to deal with it.
You can find more of our accident at work claims guides below: