In this guide, we will look at the process of claiming compensation for a back injury at work caused by negligence. We explain in the sections below how to prove a workplace accident claim and the damages that you may be owed by your employer because of it.
If you need to speak to a member of our team about starting a claim straight away, or if you just want to understand more about how a claim might work, get in touch. It’s free to call or you can use our ‘live support’ option available 24/7. Find out more by:
- Calling us using the number at the top of the screen
- Write to us using our online form
- Or access immediate free legal advice through our ‘live support’ option to the bottom right of this screen.
Select A Section:
- Can I Claim Compensation For A Back Injury At Work?
- The Criteria Needed To Start A Workplace Accident Claim
- Causes of A Back Injury At Work
- Producing Evidence To Support A Personal Injury Claim
- How Much Compensation Could I Get For A Back Injury At Work?
- No Win No Fee Solicitors And Accident At Work Claims
If you’ve been injured at work because of your employer’s negligence, you could be entitled to claim compensation. We look at how workplace back injuries can be caused and the health and safety laws that employers must comply with to try and avoid them.
We also discuss the criteria needed to begin a claim for a workplace accident and how you can support your claim through evidence. In addition to this, our guide will look at how compensation could be calculated.
If you would like any more information on making a claim for back injury at work, speak to one of our advisors today. You could be connected with a No Win No Fee lawyer to work on your claim.
Statistics on Back Injuries At Work
According to the Health and Safety Executive (HSE), there were 7,377 back injuries reported to them under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 in 2019/20.
The rate of reportable back injuries in the workplace has been in decline since 2014/15 when there were 13,481 reported.
Firstly, it’s important to note that your employer has a legal duty of care towards you which is set out in The Health and Safety At Work, etc Act 1974. They must take all reasonable steps possible to prevent the risk of injury to their employees.
Proving that your employer breached this duty of care is essential in making a workplace accident claim. A simple method on how to be clear on this point is to ask:
- Did my employer have a duty of care at the time and place of the accident?
- Was this duty breached?
- Were my injuries a direct result of this act or omission?
If the answer to all three of these questions is “yes”, you could be entitled to make a claim.
Importantly, under the Limitations Act 1980, there is a three-year time limit for personal injury claims in the workplace. This period can start from either the date of the accident or the date you became aware of injury or illness. The latter is called the “date of knowledge”.
There are exceptions to this time limit, however. Speak with an advisor from our team for more information about whether you’re within the time limit for claiming for a back injury at work.
There are a number of different potential causes of back injuries at work. These include:
- Slips, trips and falls. You could slip and fall on poorly installed flooring or an unmarked wet floor and injure your back as you fall.
- Hit by a moving object. Some workplaces, like factories and construction sites, might contain moving machinery. If you’re hit by, for example, a forklift truck, this could cause you to be injured.
- Manual handling. If you have to lift or carry as part of your role, you should be trained on proper manual handling techniques. If you aren’t, this could result in an injury like a sprain or strain.
Where Could An Accident At Work Take Place?
Accidents at work can happen anywhere. Some people may assume that industries like construction, factory work or agriculture are the only ones in which you could be at risk of serious injury. However, this is not the case.
For example, someone could trip and fall over a loose wire in an office. This could cause them to sustain a back injury at work.
Demonstrating what conditions or circumstances caused the injury is vital to establishing negligence on the part of your employer. As you start to assemble proof for a personal injury claim, you can use the following:
- Contact details of colleagues or witnesses so that they can provide a statement
- CCTV footage if possible
- The accident log report
- Photographic evidence of the hazard that led to the accident, or of your injuries.
An independent medical assessment of your back injury will also be arranged as part of your claim. If you work with a solicitor from our panel, they may be able to arrange this locally to you to reduce travel time.
For free legal advice on making a back injury at work claim, speak with an advisor today.
Accident at work compensation can consist of ‘general’ and ‘special damages. General damages is the part of your claim that compensates you for the pain and suffering caused by your injuries.
Below is an excerpt from the Judicial College Guidelines. This publication provides award brackets. It’s used by legal professionals to help value claims.
|Injury type||how severe?||Judicial College Guidelines award bracket||notes|
|Back injuries||Severe (a) (i)||£85,470 to £151,070||Severe pain, immobility, loss of bowel function, and root nerve damage|
|Back injuries||Severe (a) (ii)||£69,600 to £82,980||Loss of proper bowel or sexual function, nerve root problems|
|Back injuries||Severe (a) (iii)||£36,390 to £65,440||Disc fractures and legions. Chronic pain, depression and impaired mobility|
|Back injuries||Moderate (b) (i)||£26,050 to £36,390||Crush and compression fractures, increased risk of spondylolisthesis|
|Back injuries||Moderate (b) (ii)||£11,730 to £26,050||Disturbed muscles or ligaments. Constant pain. Possible need for surgery.|
|Back injuries||Minor (c) (i)||£7,410 to £11,730||Nuisance level pain. Recovery within 2 - 5 years|
|Back injuries||Minor (c) (ii)||£2,300 to £7,410||3 months to 2 years recovery period|
|Back injuries||Minor (c) (iii)||Up to £2,300||Full recovery within 3 months or less|
These awards are only intended as a guide. For a more accurate assessment of your work injury claim, speak with an advisor today.
Claiming Special damages For A Back Injury At Work
This second head of damages called ‘special damages’ compensates you for the financial losses you have experienced. For example, you may have missed work because of back pain. You may also have had to pay for physiotherapy that you could not get on the NHS.
You could claim these costs back, provided that you have proof to support your claim for special damages. A personal injury lawyer can also offer expert guidance on how to accurately claim for future costs.
Is A Care Claim A Possibility?
Back injuries can entail months and in some cases even years of rehabilitation. You may need to pay a family member or professional carer to come to your home and help you. You could claim back these costs; they would be included under the special damages head of your claim.
No Win No Fee Solicitors And Accident At Work Claims
If you are wondering what to do after a back injury at work, it can be useful to connect with a personal injury solicitor. Their expertise and insights can help you put your best claim forward and ensure the calculation of your damages includes everything. If you are concerned about the upfront fees that legal representation can incur, a No Win No Fee agreement can help.
When a personal injury solicitor works with you under a No Win No Fee there is no upfront fee to pay. In fact, a No Win No Fee agreement asks for no payment at all unless your case wins. In this event, your solicitor will deduct a success fee from your settlement.
Contact the Team To Make An Accident At Work Claim
Learn more about how a No Win No Fee agreement can help your back injury at work claim. Simply:
- Call us using the number above
- Write to us using our online form
- Or access on the spot free legal advice with our ‘live support’ option
Extra Information About Back Injury At Work Claims
Thank you for reading this guide on how you can claim for a back injury at work. More resources are available below:
- Advice on preventing injury at work from slips or trips
- More information about acute lower back pain
- Government guidance about Statutory Sick Pay (SSP)
We also have a bunch of guides on accident at work claims which you can read below:
- A guide to accident at work claims
- How to claim compensation after an accident at work
- Building site accident claims
- How to make a fall from a height claim
- Claiming compensation for hand injuries at work
- How to make a workplace accident claim
- Compensation awards for brain damage after an accident at work
- Eye injuries at work – how to claim
- How to find the best construction accident solicitors
- How to claim compensation for a head injury at work
- Make a claim for an injury caused by being struck by a moving object at work
- How to get compensation for a collarbone break at work
- What to do after a workplace accident
- See if you can claim if a workplace accident left you unable to work
- Manual handling injury claims
- Slip, trip and fall accidents – how to claim compensation
- Unable to walk after an accident at work – how to make a claim
- How long do you have to claim after an accident at work?
- I had an accident at work, what are my rights?
- How to make a work injury claim