Back injury at work claim
Most people have experienced back pain at some point. From tense shoulders to severe middle back pain, a back injury can cause chronic and persistent pain. That is why your employer should be taking measures to ensure that you are reasonably protected from back strain in the workplace.
You are able to make a back injury at work claim and win compensation to help in your recovery or support you in time off work. This article will tell you how to prove a back injury in the workplace and how to claim for compensation.
Back injury at work compensation
Firstly, in order to make a personal injury claim, you must be able to establish fault. Unfortunately, what this means is that you can’t simply claim for compensation for having a bad back – someone has to be responsible.
If your back injury was caused from a road traffic accident, in a public place or because of assault then read this resource for more information.
Back injuries, however, are most commonly occur in the workplace, so here is what to do for a back injury at work.
Bank injury claims in the workplace
When dealing with back injuries at work claims, the types of cases solicitors most often see are those that relate to:
Slip, trip or a fall in work
Lifting a heavy object tin work (manual handling)
Falling from a height in the workplace
Items falling onto you or being hit by machinery
There isn’t a set list of back injuries that you must have sustained in order to make a claim. If the injury caused you pain and suffering and has negatively impacted on your life then you have a right to make a claim for compensation.
Your solicitor may need medical records to help support your claim that you had to take time off work due to your injury, or you are no longer able to participate in life long hobbies or socialise with friends. These are known as special damages and will be included in your back injury payout calculation.
Poor manual handling training
The types of claims we most often see are those that are related to poor manual handling where the training was inadequate or non-existing, or you were asked to perform a manoeuvre that required more people that were available.
These types of claims are common and it is important to recognise that your employer should be adhering to the Manual Handling Operations Regulations 1992 in order to protect your back from strain and injury.
How to prove your back injury was caused from workplace negligence
In order to make a claim for compensation you must be able to give evidence that:
Your employer owed you a duty of care – your employer is responsible for your health and safety in the workplace and so in almost all cases, a duty of care is abound.
Your employer breached that duty of care and acted negligently – you must give evidence that they could have reasonably prevented your harm, for example, giving you proper training in manual handling.
Your employer’s negligence cause you personal harm due to pain and suffering.That personal harm then directly impacted your life.
In order to help prove all of the above it will aid your case if you can provide your solicitor with eye witness accounts, accident book entries, and training logs and documents.
Back injury at work compensation amounts
Your back injury settlement payout will be calculated on pain and suffering alongside general and special damages. General damages refer to what you lost as a direct result of the accident such as lost income from work absences. Special damages tend to include indirect losses like travel costs and physiotherapy.
More severe back injuries will result in compensation payouts of around £128,000 whilst minor back pain can be awarded in the region of £7000. Take a look at the judicial college guideline payout amounts for back injury compensation claims:
|Minor||£1,950 to £9,970|
|Moderate||£9,970 to 30,910|
|Severe||£30,910 to £128,320|
Accident Line Direct can help you make a back injury at work claim
We can partner you with a solicitor who has all the relevant experience and success in winning back injury at work compensation claims.
Call us on our Freephone number to speak to an industry expert. We can provide you with free legal advice and if you wish to commence a claim, we can operate on a No Win No Fee basis.
You don’t have to wait for your back pain to subside, you can claim compensation that can help in your recovery and get you back to your life before the accident.