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
- A Guide To Back Injury At Work Compensation Claims
- How Much Compensation For A Back Injury At Work Can I Claim?
- What My Back Injury At Work Payout Can Be Made Up Of
- I Hurt My Back At Work Am I Eligible For Compensation?
- Is My Employer Responsible For My Accident And Injury?
- I Have A Pre-existing Back Injury, Can I Still Claim Compensation?
- Causes Of Back Injuries In The Workplace
- How Is The Severity Of Your Injury Assessed?
- What Treatment Options May Be Available To You?
- Steps We Recommend Accident At Work Victims Take
- How Do I Claim Compensation For A Back Injury At Work In The UK
- No Win No Fee Back Injury At Work Claims
- How Our Team Can Advise Victims Of Accidents At Work
- Talk To Our Advisors Today
- Recommendations For Further Guidance
Unfortunately, back injuries are not uncommon in the workplace. Problems can build up over many years or acute injuries can occur where an injury is caused by a single accident. Whether you have a back problem that is caused by years of repetition in the same job or by a single accident, you are eligible to make a claim if it can be proven that your employer is to blame for the pain you are experiencing. Employers have a duty to safeguard employees and should have health and safety procedures in place to make the workplace safe. Millions of work hours are lost as a result of back injuries and it is as much in the employers’ interests to avoid Ill health as it is the employees. A healthy spine is crucial to the normal workings of your whole body. A back injury can have a severe impact on your overall health. If you believe that your back injury is work-related then we can help you to get the advice you need and to get the compensation you deserve. We can help you to establish the facts of the case and provide you with a solicitor to fight for your back accident at work compensation settlement.
Although a personal injury claims calculator is often used by the uninitiated in working out what you may be entitled to claim, this is no substitute for a consultation with a fully qualified personal injury solicitor, who will give you a much more accurate estimate of the compensation amount for your back injury at work, based on your individual circumstances. Guidelines, however, are in place to give a rough idea of payouts for specific types of injury, which are detailed below.
|Diagnosis||Additional information||Estimated award|
|Tetraplegia||Award will depend on level of physical pain and how much assistance is required with bodily functions.||£284,610 to £353,260|
|Paraplegia||Award would depend on level of pain and degree of Independence||£192,090 to £249,270|
|Severe back injury||Restrictions in movement caused by spine and nerve damage.||£79,890 to £141,150|
|Severe back injury||Spinal damage including loss of sensation and impaired mobility||£65,030 to £77,540|
|Moderate back injury||Could involve compression or crush fractures of vertebrae with future osteoarthritis and ongoing pain||£24,340 to £34,000|
|Minor back injury||Sprains and soft tissue injuries with full recovery expected within two years.||£1,000 to £6,920|
If you have suffered a back injury at work there are a number of different types of compensation that you may be able to claim for, depending on your circumstances.
Damages under this bracket refer to a compensation payout for the pain and suffering you have experienced following your injury. The amount of general damages you will be entitled to receive depends on the severity of your injury and the amount of time the symptoms are likely to last. For example, if your condition is likely to resolve within a few months then you will receive a lower payout than if your injury results in a life-changing chronic condition. Back injuries can result in debilitating conditions in which mobility is limited, bodily functions are lost and severe pain is ongoing.
You may also be able to make a claim for special damages. Special damages compensate you for any income you have lost as a result of the injury.
For example, if you have been unable to work as a result of your injury then you may be compensated for the loss of earnings. If your injury will affect your ability to work or be promoted in the future you may also be able to claim for loss of future earnings. Following your injury you may only receive statutory sick pay if you are unable to work, this statutory is low and time limited. You may be reliant on a compensation payout in order to support you and your family in the future, particularly if your injury is so severe that it has rendered you unable to work again.
Medical expenses and travel expenses
You will usually be able to make a claim for any out of pocket expenses you have been burdened with following your injury. These include medical expenses and travel expenses. As long as you can prove that the cost is directly related to the injury, and you have the proof of purchase or a receipt then you should be able to make a claim. Examples of these costs include travel to and from medical or legal appointments and medical costs relating to treatment and rehabilitation, including prescription costs.
Costs for care
Finally, you may be eligible to make a claim for care costs. Care costs occur where you have been unable to carry out your day-to-day activities because of your injuries and have required help from another individual to function around the house.
If you have suffered a back injury at work that was not your fault then you should be eligible to make a personal injury claim. Most commonly, back injury claims are brought about due to inappropriate lifting and moving techniques, slips trips and falls, falls from a height or suffering an injury after an object has fallen from a height onto you. Our advisors are ready and waiting to take your call and will be happy to advise you on your situation if you have hurt your back at work. Often, back injuries at work can be attributed to the negligence of the employer. Perhaps because appropriate training wasn’t given or the correct procedures for health and safety were not put in place. If however the incident was caused by your own carelessness or negligence then you are unlikely to make a successful back injury at work claim. We will be able to advise you on the best way to proceed if you are unsure who is the liable party.
From a legal perspective, there is a duty of care on your employer to keep you safe in the workplace. If your employer has failed to protect you and as a result, you have suffered a back injury at work then you deserve to be compensated for your pain and suffering. Back injuries can be serious and long-standing, reducing your ability to do your job properly. This can have a serious impact on your future ability to make a living and so sufficient compensation is only fair.
If your job involves lifting and handling heavy objects, stretching, twisting, reaching, long-distance driving or anything else that is physically demanding then you may be entitled to compensation if your employer has not sufficiently safeguarded your wellbeing by putting in place appropriate policies and providing you with protective equipment and training.
There is plenty of legislation to protect employees just like yourself who have received a back injury at work but it can be confusing and complex. That’s why our expert advisors are here, to help you with the intricacies of the law.
Pre-existing conditions are governed in law by what is called the ‘eggshell skull’ rule. This means that even if your injury was worse due to a pre-existing back injury that you already suffered from, the person responsible for that injury would still be held liable. A defendant is required to take the victim ‘as they find them’. The defendant is liable for the full extent of the injury, even if in a healthier person the injuries would not have been so serious.
In conclusion, if you have a pre-existing back condition but the incident you were involved in was caused by the negligence of somebody else and made your back condition worse then you can still make a back injury compensation claim.
There are numerous potential causes of back pain in the workplace. Back injuries can sometimes be the result of daily tasks which over time cause deterioration in your back or as a result of a one-off incident in which injury is caused. Some of the most common claims of compensation for back injuries at work include the following:
- Heavy lifting on an ongoing basis causing injury. Lifting and handling guidelines should be provided by your employer and adherence to these guidelines should be monitored.
- Slips trips or falls caused perhaps by obstacles or slippery floor surface. If wet floor signs were not provided or communal areas were not kept tidy and obstacle-free then you may have a claim.
- Broken furniture which should have been properly maintained or removed. Regular checks should be carried out by the employer.
- Being required to carry loads in an awkward way, perhaps with just one hand. Training should be given by the employer on safe ways to lift and handle goods.
- Heavy manual labour. Training and appropriate tools should be given, and regular breaks should be taken.
- Repetitive tasks. Risk assessments should be carried out for repetitive and potentially harmful tasks.
- Long-distance driving without appropriate lumbar support.
- Back pain caused by poor posture if a workstation has not been appropriately adjusted. Audits of safe workstations should be completed by the employer.
- Items falling from a height.
- An individual falling from a height.
Don’t forget, if your injury was caused because you have not followed advice or were not adhering to the health and safety policies then you may not be eligible to make a back injury at work claim.
It can be difficult to properly assess the severity of a back injury as you will not initially know the specifics of the actual damage or what the long-term impact is likely to be. It is difficult to give an estimate of the back injury at work compensation amount without properly assessing the individual details. Each case will be evaluated independently. Even if the injury appears mild, you may suffer long-term consequences which may become more severe over time. It is crucial that you receive treatment as soon as possible after the injury to try and minimise the impact later in life. Our solicitors will use a risk assessment tool that will look at the details of your case and create an expectation of the settlement amount.
If you suffer a back injury at work, the first thing you should do is seek a medical assessment. A healthcare professional will be able to offer advice on the best treatment for your injury. Assessment by a doctor will also help later on in your compensation case. In mild cases, it may be sufficient to take paracetamol or ibuprofen as well as using a warm or cold compress. If these painkillers do not provide sufficient relief then you may be prescribed a stronger painkiller. It is important to remember to take professional advice and to avoid self-diagnosis and treatment as this can have a negative impact on your later compensation claim. Other treatments that can help back pain include stretching and taking part in gentle exercises such as swimming, yoga, walking and pilates. In more severe cases you may even require surgery. It is crucial that you seek emergency advice if you suddenly develop a fever, experience numbness or tingling anywhere in your body, suffer chest pain or lose bladder or bowel control. These could be signs of a more serious underlying condition caused by the injury.
If you have been injured at work which has led to a back injury then there are a number of things you can do to increase your chances of success in a compensation claim. We recommend that you collect as much evidence as possible soon after the incident has occurred.
If possible take photographs of the area in which you were harmed and write down the details of the incident whilst they are fresh in your mind. Memories tend to fade over time. The photographs will help your personal injury lawyer to understand exactly what happened and may be used as evidence at a later date.
If anybody was witness to the incident then it can be very helpful to get their contact details as your lawyer may wish to contact them to ask questions later on. We also strongly recommend that you see a medical professional as soon as possible. A doctor will be able to give you the appropriate treatment to help your condition and the written medical record will be helpful to your solicitor when bringing your claim. Be aware however that your solicitor may wish for you to have an additional medical examination at a later date as well.
Because your injury has taken place at work, you should inform your employer, and if you have one, a safety representative, that you have been hurt. Your employer should then record this in the accident book. Your employer should then follow up by carrying out a risk assessment, contact occupational health and put steps in place to ensure that a return to work is possible and will not put the employee’s health at greater risk. If your injury leads to disability, your employer is expected to make adjustments to your workplace to accommodate any changes required.
If you think you may be eligible to seek back injury compensation then you should contact Advice.co.uk at your earliest convenience. The sooner you begin your claim, the easier it will be for our solicitors to collect evidence on your behalf. Your employer should have liability insurance and this policy should cover the costs of your compensation claim. We offer free advice to help you decide whether to go ahead with the claim and then provide solicitors that offer a no win no fee service if you decide to launch a claim. You can feel confident that Advice.co.uk have your best interests at heart whatever the accident, injury, and experience you’ve been through.
All of the back injury at work claims handled by the provided solicitors that we can connect you with are made on a no win, no fee basis. Many clients are keen to claim for the compensation they deserve but are worried about the financial penalty of doing so. In a no win, no fee claim there are no upfront or hidden costs, meaning that you do not need to feel anxious about any financial burden. This type of solicitor only takes on claims that they believe have a good chance of winning and when you successfully win your case, their fee is taken from the final payout to ensure that you are never left out of pocket. If for any reason your case is unsuccessful, no fee is payable.
If you have been involved in an accident at work that has caused a back injury then you are likely to be in physical discomfort and may be having a very difficult time. Advice.co.uk have a strong commitment to client care and we take your physical and emotional suffering into account. We seek to help you ascertain how valid your case is without burdening you with any unnecessary information or queries, whilst ensuring that you are kept in the loop and fully informed on the important details. Our team are highly experienced and have a high level of expertise in the area of personal injury. As a client of Advice.co.uk, you will be well cared for and can feel confident that solicitors we provide will do everything they possibly can to achieve the maximum compensation that you are entitled to.
When you contact Advice.co.uk, the claims process is simple. Here is how it works:
|Contact our team by email, phone, or post.||Our team will assess your claim.||Once you are ready, we can then start your claim.|
If you believe you have a claim then speak to our team at Advice.co.uk. With many years of experience in the field of personal injury, our advisors are best placed to give you the information you need, wherever you are in the UK. Call us today on 0161 696 9685 or contact us via our website.
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.