Back Injury At Work Claims

A back injury can affect you in a variety of ways, emotionally, physically and financially. Back injuries at work are relatively common in the UK, especially in certain industries and occupations. These include soft tissue injuries, slipped disks and spinal fractures.

Some leading causes of back injuries in the workplace include manual handling, slips, trips and falls and poor posture. Employers have duties under UK legislation to take all reasonable measures to prevent employee injuries. If you suffered damages due to their negligence, you might be able to make a back injury at work claim.

To find out if you could pursue compensation for your back injury, call 0800 470 0474 or arrange a call back to receive a free consultation with a legal adviser. If your case has merit, you can benefit from a no win no fee* service, which means you have no financial risk in taking legal action and no upfront costs. You will only be charged a fee if your case is won, which is capped at a maximum of 25% of your compensation.

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Table of Contents

• Common types of back injuries at work
  • Back Sprains
  • Back Strains
  • Herniated discs
  • Spinal fractures
  • Spinal cord injuries
• Common causes of workplace back injuries
• Requirements to make a back injury at work claim
• Is my employer liable for my back injury?
• Compensation amounts for back injuries in the workplace
• Time limits to start your workplace back injury claim
• Is my job at risk if I claim for a back injury against my employer?
• The benefits of the no win no fee system

Common types of back injuries at work

According to data from the Health and Safety Executive (HSE), back pain is the most common type of work-related musculoskeletal disorder (MSD) in the UK. According to their 2021/22 annual report, back injuries affected 202,000 workers, accounting for 42% of all work-related MSDs.

If your employer has failed to follow the health and safety procedures, you might be able to recover damages for your workplace back injury. The most common conditions that might lead to a personal injury claim include the following:

Back Sprains

A back sprain is an injury that occurs when ligaments are torn from their attachments. Because of the function of the back in lifting, bending, and other similar activities, it is prone to sprains. Back sprains can occur at work due to various factors, including improper lifting techniques, repetitive motions, or a fall.

Symptoms of a back sprain can include pain, stiffness and tenderness in the affected area, as well as muscle spasms and weakness. In some cases, the pain may radiate to other parts of the body, such as the legs or arms. The prevention of back sprains at work includes:

• Proper lifting techniques
• Using assistive devices
• Good ergonomic setup of workstations
• Regular stretching and exercise to keep the back muscles strong
• Avoiding repetitive motions

Back Strains

A back strain is an injury to the muscles or tendons in the back, which are the tissues that connect the muscles to the bones. Like sprains, back strains can occur due to several factors, such as manual handling, overuse, or acute trauma, and they cause similar symptoms.

Treatment for both sprains and strains can range from rest and pain medication to surgery in case of a severe or complete tear. In some cases, physical therapy or other forms of rehabilitation may be necessary to help strengthen the muscles in the back and improve the range of motion.

Herniated discs

A herniated disc, also known as a slipped or ruptured disc, occurs when the cushioning material between the vertebrae in the spine bulges or ruptures. Herniated discs can occur due to several reasons, such as lifting heavy objects or operating heavy vibrating machinery for extended periods.

Symptoms of a herniated disc can include lower back pain, leg pain, numbness, tingling, and weakness in the affected area. Depending on the location of the herniated disc, symptoms may also be felt in the neck or arms. It is essential to seek medical attention if you suspect you have a herniated disc, as untreated herniated discs can lead to chronic pain and disability.

Spinal fractures

A spinal fracture is a break or crack in one or more of the bones of the spine, known as the vertebrae. These fractures can occur at work due to multiple factors, including falls, blunt trauma, and repetitive motions.

Spinal fractures can vary in severity and cause symptoms such as back pain, numbness, weakness, mobility issues and painful breathing. Depending on the type and extent of the injury, it may be treated with a brace or cast or require surgical intervention.

Spinal cord injuries

The spinal cord is a bundle of nerves that runs from the base of the brain down through the back and carries signals to and from the brain and the rest of the body. A spinal cord injury (SCI) is a severe condition which can result in a loss of function or sensation below the point of damage.

Symptoms of spinal cord injuries can vary depending on the location and severity of the injury but may include:

• Loss of sensation or feeling in the affected area
• Loss of movement or muscle control
• Paralysis (complete or partial)
• Loss of bowel or bladder control
• Sexual dysfunction
• Pain or stiffness
• Breathing difficulties

If you suffered any of these injuries due to your employer’s negligence, you might be entitled to make a back injury at work claim. If you make a successful case, you could recover damages for your pain and suffering and any financial losses that resulted from your injury.

Common causes of workplace back injuries

There are several common causes of workplace back injuries, including:

• Lifting heavy objects

Lifting, pushing, or pulling heavy objects can put a lot of strain on the back muscles, leading to injuries such as strains and sprains.

• Repetitive motions

Repetitive motions such as bending, twisting, or reaching can weaken and stress various structures in the back, resulting in wear and tear of the muscles, ligaments, tendons and spinal disks.

• Poor posture

Sitting or standing in the same position for long periods or having a poor posture while working can put unnecessary stress on the back muscles and lead to injuries.

• Slip, trip and falls

Slipping, tripping, or falling can result in a workplace back injury, especially if the fall is from a height. Such accidents are usually due to preventable hazards, such as uneven surfaces, obstacles left in walkways, faulty ladders or lack of protective equipment.

• Vehicle-related accidents

Workers who drive as part of their job are at risk of back injuries due to the vibrations and jarring motions of the vehicle. Forklifts overturning or improperly secured loads leading to objects falling from a height could also cause severe back injuries at work. People who work in the transport industry are also at risk of being involved in road accidents, which can lead to a wide range of back injuries.

• Awkward positions

Workers who have to work in awkward positions, such as crouching, twisting, or reaching overhead, are at risk of back injuries. Over time, these activities can lead to severe damage to the back muscles and tendons and cause chronic pain and mobility issues.

• Improper equipment

Using equipment that is not designed for the task at hand or not properly maintained can lead to back injuries. Based on the circumstances of your accident, you could file a back injury at work claim against your employer or the product manufacturer.

Preventing back injuries in the workplace can be achieved through proper training, suitable equipment, and good ergonomics practices. This could include correct lifting techniques, regular stretching and exercise, and regular breaks to change positions and move around.

Your employer must follow the appropriate health and safety legislation and keep you safe from a workplace back injury. If they have failed to do so, you might be entitled to claim compensation.

Requirements to make a back injury at work claim

The requirements to make a back injury at work claim can vary depending on your circumstances, but some common factors include the following:

• The injury must have occurred while you were performing your job duties or on work premises;
• The injury must be reported to your employer as soon as possible. In some cases, you may be required to notify your employer within a specific time frame after the injury has occurred. A copy of an accident report will serve as essential evidence in your claim;
• You must have seen a medical professional for treatment and have a diagnosis of the injury. Your solicitor may also be able to arrange a no-cost exam with an independent physician who will provide a medical report to support your case;
• You must be able to show that the injury was due to a specific event or exposure that occurred in the course of your employment;
• You must be able to prove that your employer was aware of the hazard that caused the injury or should have been aware of it but failed to take action to correct it. You may also use training records, occupational health reports and other relevant documents to prove negligence.
• You must file a claim within the applicable time limit, which is usually three years after an accident or becoming aware of an injury.

Depending on the specific circumstances, other types of evidence may also be required to secure the maximum compensation in a back injury at work claim, such as:

• Photographs or a video of the accident scene or your working environment
• Pictures of any visible injuries you incurred and any damage to your items
• CCTV footage of the events, if available
• Statements from co-workers and other witnesses
• Your notes about how you incurred the back injury and how it affected your life
• Proof of financial losses and expenses, such as receipts, bank statements and pay slips.

To learn more about what you need to make a back injury at work claim, call 0800 470 0474 or fill in our online claim form. An experienced and friendly legal adviser will offer you a free consultation to discuss your case and explain your options.

Is my employer liable for my back injury?

Whether or not your employer is liable for your workplace back injury depends on its specific circumstances. Generally, employers have a legal duty to provide a safe working environment for their employees and take reasonable steps to prevent injuries. If your employer has failed to meet this duty, they may be held liable for a back injury at work claim.

However, if the injury occurred due to your own negligence or actions that were not a direct result of your employer’s failure to provide a safe working environment, then they would not be liable. It is important to speak with an experienced solicitor or legal advisor for specific information on your case as soon as possible.

The legal duty of care of employers is dictated by several pieces of legislation, including:

• The Health and Safety at Work etc. Act 1974
• The Management of Health & Safety at Work Regulations 1999
• The Work at Height Regulations 2005
• The Manual Handling Regulations 1992
• The Personal Protective Equipment at Work Regulations 1992
• The Health and Safety (Display Screen Equipment) Regulations 1992

Employers have several duties under these legislations, including:

• Conduct regular risk assessments and take appropriate actions to eliminate or control identified hazards.
• Ensure that any equipment or machinery used by employees is safe and without risks and must provide any necessary instruction and training on its use;
• Provide clear and relevant information, instruction, and training on health and safety matters and ensure that the work is not harmful to the health of employees;
• Monitor the health and safety of their employees and the working conditions and revise the health and safety policies if necessary;
• Notify the relevant authorities of certain types of accidents, dangerous occurrences, and diseases;
• Provide first-aid facilities and arrangements for dealing with accidents and emergencies;
• Provide any necessary personal protective equipment (PPE) and ensure it is used appropriately.

If your employer has failed to comply with these or any other duties under UK law, you might be able to file a back injury at work claim against them.

Compensation amounts for back injuries in the workplace

The amount of compensation for a workplace back injury can vary widely depending on the specific circumstances of each case. Factors such as the severity of the injury, its impact on your quality of life, and your ability to return to work will all be taken into account when working out a fair settlement.

In general, a back injury at work claim could be worth anywhere from a few thousand pounds for less serious trauma to several hundred thousand pounds for more severe trauma that results in long-term disability or permanent impairment.

For example, minor back strains or sprains that fully recover in a short period may receive compensation of a few thousand pounds. On the other hand, a more severe back injury that results in long-term disability or permanent impairment may result in compensation of several hundred thousand pounds.

In every personal injury claim, compensation is awarded for two types of damages, namely general and special damages:

• General damages are intended to compensate for the pain, suffering, and loss of ability to enjoy life caused by the injury. They do not have a specific monetary value and are assessed based on the nature of the damage, its impact on your daily activities, and any other relevant aspects.
• Special damages are intended to compensate the claimant for any out-of-pocket expenses incurred due to the injury. These damages aim to put the claimant back in the position they would have been in had the accident not occurred. Examples of special damages include lost earnings, medical expenses, and the cost of care and assistance.

Below you can find some examples of compensation awards for general damages according to the guidelines published by the Judicial College:

• Between £1,960 and £6,300 for back injuries such as sprains, strains or slipped discs that do not need surgery and heal completely within two years
• Between £9,970 and £22,130 for damage to ligaments or muscles in the back that require surgery
• Between £30,910 and £55,590 for spinal fractures that result in chronic pain and mobility issues
• Between £85,4700 and £151,070 for damage to the spinal cord resulting in long-term or permanent disability, chronic pain or impairment of bowel or bladder function

Your solicitor will consider everything you have been through to work out the compensation amount for your workplace back injury. They will negotiate with the other side on your behalf and ensure you are fully compensated.

Time limits to start your workplace back injury claim

In the UK, the time limit for starting a personal injury claim is generally three years from the date of the accident or the date that it was diagnosed. This time limit is known as the limitation period and is set out in the Limitation Act 1980.

However, there are some exceptions to this time limit:

• For example, if the person who sustained the back injury was under 18 at the time of the accident, the limitation period does not begin until their 18th birthday. Before that, a litigation friend, typically one of the parents, could claim on their behalf at any time.
• If the person who sustained the injury cannot initiate a claim due to a lack of mental capacity, the limitation period is suspended and only begins if they regain capacity. That could be due to several reasons, such as mental illness, post-traumatic stress disorder or a brain injury.
• If you suffered a workplace back injury abroad, the time limit to claim might depend on the foreign country’s laws and could be shorter than three years.

You may lose your legal right to compensation if you do not claim within the limitation period. Therefore, seeking legal advice as soon as possible is always recommended if you believe you have a valid back injury at work claim.

Is my job at risk if I claim for a back injury against my employer?

Claiming a work-related injury against your employer should not put your job at risk. It is illegal for an employer to terminate or discriminate against an employee who has exercised their legal right to file a claim for a workplace back injury.

You should not be afraid to take legal action if you have suffered damages due to your employer’s negligence. They are required by the Employers’ Liability (Compulsory Insurance) Act of 1969 to have insurance coverage for personal injury claims made by employees. Their insurer will cover your back injury at work claim, so your employer will not be left out of pocket.

Furthermore, there are laws that protect you against being sacked. In the UK, you can claim for unfair dismissal if you believe you have been terminated from your job without a just cause. To be eligible for this claim, you must have typically been working for your employer for a minimum of two years, but there are exceptions to his rule. The following reasons can be considered unfair dismissal:

• Discrimination based on protected characteristics, such as age, sex, or race
• Whistleblowing
• Health and Safety activities
• Political opinions or affiliation
• Trade union activities

You could file an unfair dismissal claim with an employment tribunal within a three-month period beginning with the effective date of termination. The tribunal will carry out a thorough review of the circumstances of the dismissal and determine if it was fair or not.

However, it is always wise to consult with a legal adviser to understand your rights and protections in your specific situation.

The benefits of the no win no fee system

The no win no fee service, also known as a conditional fee agreement, offers several benefits for those pursuing legal action, such as:

• No financial risk

You do not have to pay any upfront fees or costs and only pay your solicitor if they win the case. You are also protected against paying any legal fees by the After the Event insurance policy that your solicitor takes out at the beginning of the claims process.

• Access to legal representation

The no win no fee agreement makes it easier for victims of negligence to access legal representation, even if they do not have the funds to pay for it upfront. You can also be sure that your case has merit, as your solicitor will not recoup their costs unless you win compensation.

• Improved transparency

The conditional fee agreement ensures that the claimant and their solicitor are both fully committed to the outcome of the case. Your solicitor will only get a success fee if they win compensation for your workplace back injury. This way, the success fee is tied to the success of the case, promoting transparency and fairness.

Overall, the no win no fee system provides an accessible and affordable way for individuals to pursue legal action and seek justice. Moreover, it makes the whole process less stressful and allows you to focus on recovery and your loved ones while your solicitor handles the legal process.

If you have a valid back injury at work claim, you can benefit from a no win no fee service. For a free case assessment, enter your details into our online claim form or call 0800 470 0474 to speak to a legal adviser today.