Claiming compensation for a back injury

author image - oliviah

By Oliviah Rix-Taylor

on Wednesday 25 April 2018

Man outdoors with back pain

How much compensation for a back injury at work?

If you had a slip, trip or fall in the workplace or you were required to lift heavy objects without proper manual handling training, then you may be able to make a claim.

Your employer needs to make sure you work in a safe environment where you are properly trained to handle the required task listed in your contract.

If you have been performing tasks not in your job description that has led to a back injury then your employer may be at fault – owing you financial compensation.

Typically, the court will take into consideration how much time you had to take off work, how your back injury has affected your life, and any other costs associated with the injury. Using this information they will then calculate how much compensation you should receive for you back injury at work claim.

Some claims can be up to £128,320 for back injury at work claims in the UK.

How much can I claim for a back injury in a car accident?

Pain and suffering compensation is calculated on initial guideline amounts and how much the injury impacted your life. For example, if you are no longer able to attend social events, work or enjoy sports or hobbies due to your back injury from a car accident, then your pain and suffering calculation will be high.

With a car accident, the defendant may be entirely to blame or you, the claimant, may be partially to blame too. In this situation you can still make a claim for compensation for a back injury following a car accident but you will not receive the full pay out – usually you will receive 75% or less.

Back injury claims following a car accident can result in compensation payouts ranging from £1,950 for minor injuries, up to £128,320 for severe injuries.

Back Injury Statistics

1.2 million People suffer from back pain in the UK resulting in a staggering 120 million lost days from work.

In terms of health statistics, back injuries are categorised under musculoskeletal disorders such as neck and limb pain. The HSE (health and safety executive) reported in 2017 that back injuries make up 38% of musculoskeletal disorders, of which the following industries have higher than average rates;

  • Construction
  • Agricultural, forestry and fishing
  • Transportation and storage
  • Human health and social work

The Construction industry had a rate of around 2300 employees per 100,000 reporting a musculoskeletal disorder. The report also found that older men were statistically more likely to suffer with a back problem than any other group.

How compensation can help you

A back injury can be seriously debilitating and has sparked campaigns such as Don’t Take Back Pain Lying Down due to the large number of us that experience back pain on a daily basis.

It may be that your back pain was caused because of the negligence of someone else. This could range from an assault to poor manual handling training at work. If you were owed a duty of care by someone and they acted negligently, causing your back pain, then claiming for compensation could be key to your recovery.

 This is because the financial compensation you would receive can pay for things like treatment whilst also giving you enough financial security to take the time off work to recover. A compensation pay-out will also allow you to pay for any historic financial losses and could even be used to cover alterations to your home to help you cope with restricted movement.

Compensation may not be able to provide you with an apology or change what happened to you but it can be vital in helping you recover.

The judicial college has set the current guideline pay-out amounts for a back injury at;

Severity Compensation
Minor£1,950 to £9,970
Moderate£9,970 to 30,910
Severe£30,910 to £128,320

Claiming for a back injury

If your injury was in the last three years and you were owed a duty of care then a solicitor will aim to prove that your injuries are a direct result of a breach in the duty of care that was owed to you – in other words, negligence.

You will be referred to a local medical expert who will examine you to assess the extent of your injuries. The solicitor will then use this medical report, alongside other forms of evidence to help win your case.

Our solicitors work on a No Win No Fee basis where possible, meaning that there is no financial risk for the claimant as we will only take a fee if your claim is successful. This fee is taken as a percentage of your compensation amount which is capped at 25%.

The solicitors that Accident Line Direct use are experienced with back injuries caused by a variety of different accidents. The most common causes for back injuries are road accidents, slips, trips, and falls, falling from height, poor health and safety training, improper equipment and work related incidents.

Type of back injuries

Common back injuries include;

  • Herniated disks
  • Joint dysfunction
  • Fused or seized vertebrae
  • Osteoarthritis
  • Compression fractures
  • Trauma
  • Muscle strain

A medical professional will assess you to determine the cause of your back pain (in a medical sense) and then liability can be determined by your chosen solicitor. It is important to note that not all cases reach court – in fact, when faced with a compensation claim, many people may wish to settle the claim outside of the courtroom via their solicitors.

Choosing the right personal injury solicitor

Accident Line Direct recognise that every claim is different, personal and unique. It’s important you chose a solicitor who can tailor their experience and expertise to your personal case in order to help you win.

Although it may not be imperative that your solicitor is empathetic and understanding, it may be something that is important to you when having someone deal with your case. We believe all our staff and industry experts sincerely want to help and are able to discuss your experience with thoughtfulness and consideration.

When you call us you will speak to an industry expert who will listen to your experience and determine whether you have a case (there are some regulations surrounding personal injury law such as time constraints). The initial chat is free and you are under no obligation to start a claim. We will offer you advice and information regarding personal injury law and thorough support should you wish to pursue a claim based on the outcome of the consultation.

If you are unsure as to whether you have a claim then we advise speaking to an industry expert. Ultimately it’s about getting you back to the point where you can start enjoying your life again.

0808 1454275

Accident Line Direct can help you begin your potential claim, get in touch today!