Back Injury At Work Compensation Claims Guide

By Stephen Kane. Last Updated 30th April 2024. 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.

Worker sitting on the floor and holding injured back in pain

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

  1. Back Injury Claims – Who Is Eligible For A Back Injury Claim?
  2. How Much Compensation For A Back Injury At Work Can I Claim?
  3. Can Back Injury At Work Comepnsation Claims Include Special Damages?
  4. Causes Of Back Injuries In The Workplace
  5. Back Injury At Work – Claim Time Limits
  6. Back Injury At Work Compensation Claims With No Win No Fee Solicitors

Back Injury Claims – Who Is Eligible For A Back Injury Claim?

Your employer owes you and their other employees a duty of care, as established under the Health and Safety at Work etc. Act 1974. It means that employers should take reasonable steps to protect their staff from harm while they are in the workplace and performing their work-related duties.

The exact requirements an employer must fulfil under their duty will depend on the type of work that takes place. Some of their responsibilities usually include the following:

  • Providing employees with adequate training and appropriate equipment and materials to ensure their health and safety and minimise the risk of injuries, such as a back injury at work.
  • Ensure that any equipment you are provided or must use, such as heavy machinery, is in safe working order and not faulty.
  • Make sure that work areas are free of potential hazards such as spillages, loose wires and cables or other obstructive objects.

You may be eligible to start a back injury at work claim if the following applies:

  • Your employer owed you a duty of care.
  • They breached the duty of care which they owed you.
  • This breach directly resulted in a work accident that caused your back injury.

You can contact our advisors for free today either online or by calling us to learn more about how you may be able to claim compensation for a back injury at work.

How Much Compensation For A Back Injury At Work Can I Claim?

A compensation payout for a successful back injury at work claim may include general damages and special damages. General damages compensate you for the pain and suffering caused by the injuries you’re claiming for. It is awarded to all successful claimants.

Below, we have created a table using some of the compensation guidelines featured in the Judicial College Guidelines (JCG). This document may be used by those who are valuing your back injury at work claim for general damages. It lists numerous kinds of injuries alongside guideline compensation brackets.

Please only use this table as a guide and take note that the first entry is not based on the JCG.

InjuryAdditional informationAmount
Multiple Severe Injuries Plus Special DamagesMultiple serious injuries in conjunction with substantial financial losses, including lost earnings and home adjustments.Up to £1,000,000+
ParaplegiaAward would depend on various factors such as the level of pain experienced and degree of independence£267,340 to £346,890
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. £111,150 to £196,450
Severe back injury (ii)Spinal damage with a loss of sensation and impaired mobility£90,510 to £107,910
Severe back injury (iii)Fractures or lesions of the discs or soft tissue injuries that result in chronic conditions and disabilities even after treatment. £47,320 to £85,100
Moderate back injury (i)Could involve compression or crush fractures of vertebrae with future osteoarthritis and ongoing pain.£33,880 to £47,320
Moderate back injury (ii)Backache from ligament or muscle disturbance or soft tissue injuries causing an exacerbation of a pre-existing back problem. £15,260 to £33,880
Minor back injury (i)A full recovery occurs within 2-5 years without surgery. £9,630 to £15,260

For more advice on how much compensation for a back injury at work could be awarded to you, please read on, or contact our advisors for free today.

Can Back Injury At Work Compensation Claims 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.

Causes Of Back Injuries In The Workplace

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.

Back Injury At Work – Claim Time Limits

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.

Handyman holding back in pain due to an accident at work

Back Injury At Work Compensation Claims With No Win No Fee Solicitors

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

You can find more of our accident at work claims guides below: