Back Injury Compensation Claims
Anyone that has suffered from a back injury will understand how painful and debilitating it can back. Even a minor injury can make it difficult to carry out basic tasks, such as carrying shopping, doing housework, engaging in sports and lifting up your children. If your back injury was caused by the negligence of another person or company, you have every right to feel aggrieved and want to be compensated for the pain and disruption that the injury has caused to your life.
To find out if you have a valid claim for compensation, contact a solicitor today for a free case assessment. By discussing the details of your back pain and the accident that caused your injury, an experienced solicitor will be able to give you an honest assessment of your case and your chances of making a successful claim.
Over the years, personal injury solicitors have helped many people claim compensation for a wide range of different back injuries, caused by all types of accidents. From accidents at work, road traffic collisions, slips and trips and those caused by acts of medical negligence, injury solicitors have experienced it all. But it is important to remember that all cases are judged on their individual merits, so speaking directly to an injury lawyer is the best way to discover if you have a valid claim.
Back injuries sustained at work
Back injuries can be caused by all types of accidents, but those that take place within the workplace are considered the most common. In fact, according to research conducted by Health Response UK, work-related back pain accounts for around 119 million sick days off work each year.
A person may injure their back in a sudden work accident, such as slipping on a wet floor, falling from a ladder or lifting a heavy object. A back injury can also be developed over a long period of time due to working conditions, such as working on a chair that doesn’t have the necessary support for example. In both cases, a person would be entitled to compensation if it can be proven that the injury resulted from a breach of the duty of care owed to them by their employer.
Every employer has a duty of care under health and safety laws to provide employees with a safe working environment that minimises the risk of accidents and injuries being sustained. This duty of care includes taking the following measures:
- Conducting risk assessments to ascertain potential hazards and implement safety measures based on these findings to reduce the risk of employee injury
- If an employer is aware that an employee is suffering from a back injury, perhaps returning to work after a period of absence, they should take steps to ensure the injury is not made worse by their work
- If a worker is classed as disabled under the Equality Act 2010 due to their back injury, an employer must provide reasonable changes to the workplace to enable the person to carry out their work safely.
The legal responsibility of employers to protect employees from workplace risks, including those that can result in injuries to the back, is contained in the Health and Safety at Work etc Act 1974. This Act is the key piece of legislation regarding health and safety in the workplace, but it is not the only one that aims to provide protection against work-related back pain and injuries. For example:
Manual Handling Operations Regulations 1992 – Any jobs that require manual handling work, such as lifting, carrying or pushing objects, should be risk assessed by an employer. If there is a risk of injury, whether to the back or any other part of the body, the task should be avoided if reasonably practicable to do so. If this isn’t possible, the employer has a duty to take steps to reduce the risk of injuries. This could include providing relevant training, making lifting equipment available or ensuring a sufficient number of staff members are available to lift heavy items for example.
Health and Safety (Display Screen Equipment) Regulations 1992 – If you spend prolonged periods working in front of a computer screen, you are at risk of suffering from back pain. These regulations try to minimise this risk by placing specific duties on employers to conduct risk assessments of employee workstations, provide regular breaks away from visual display units (VDUs), and provide relevant training and information on the dangers and steps that workers can take to minimise the risk of injury.
Work at Heigh Regulations 2005 – A fall when working at height can cause devastating injuries to the back, including broken vertebrae and paralysis. The Work at Height Regulations 2005 therefore places strict requirements on employers to minimise these risks whenever employees have to work from a height, such as on ladders, platforms or scaffolding.
If you do suffer from back pain, it is important that you also take steps to safeguard your own health and safety. This could include taking breaks on a regular basis, getting up to stretch if your job involves long periods of sitting down and trying to vary the tasks you do so that you can avoid doing the same repetitive movements for long periods.
Other causes of back injury
There are many ways in which a back injury might be sustained and the severity of the condition can vary greatly from one case to the next. Solicitors have dealt with claims for back injuries that have been caused by all types of non-fault accidents, including the following:
Slips and trips
Slips and trips can occur in all places, such as while shopping in a supermarket, walking on a pavement, at school or while you are at work. The injuries sustained can range from minor bruising through to severe back, neck and head injuries. A heavy fall or an awkward landing can even result in fatal injuries.
Slips, trips and falls can result from spillages on the floor, debris on the ground, defective surfaces, uneven paving slabs, damaged carpet, obstructed walkways and many other reasons. In many cases, another person or company will be at fault for these type of accidents, in which case the victim may be entitled to pursue a claim for personal injury compensation.
Road traffic accidents
Road accidents are another common cause of back injury and the severity of the symptoms can be wide ranging. Car accidents involving rear-end or head-on collisions often result in injuries to the neck and back, as the body is violently thrust backwards and forwards due to the impact of the crash. These type of injuries often get worse days or even weeks after the accident happened, and can be incredibly painful and reduce mobility.
If you have suffered any form of back injury as a result of the action or negligence of another person, you could be eligible to make a claim for compensation. An injury solicitor would welcome the opportunity to discuss your case with you during a free consultation, where they will assess your accident and determine how much compensation you could be awarded for the injury that you unfairly sustained.
To arrange your free consultation, call 0800 678 1410 or request a call back.
Different types of back pain and injury
Most people will suffer from backache at some point in their life. According to the charity Backcare, one-third of the adult population is affected by back pain each year. Of course, not all of these injuries will be caused by accidents or another person’s negligence, and in many cases, this pain will get better over a few weeks without requiring any medical attention.
The sheer volume of people that are affected by back pain goes to highlight how delicate and susceptible to injury the back is. There is a wide range of different injury types that can affect the back. Some of the most common ones are as follows:
- Slipped disc – this can cause extreme pain and discomfort, and occurs when a disc is damaged and presses on the nerves. This condition is also known as a herniated or prolapsed disc, and can cause symptoms such as pain in the legs, weakness, numbness and a tingling sensation. Slipped discs can be caused by many factors, including heavy lifting and impact injuries such as car accidents or falling down on your back.
- Spondylolisthesis – this is where one of the vertebrae within the spine moves either forwards or backwards out of position. It can affect any part of the back or neck, but is most commonly found in the lumbar spine (lower back). As with a slipped disc, this condition can be the result of the sudden trauma from an accident, as well as having many other potential causes.
- Sciatica – although the legs and buttocks are the body parts most commonly affected, sciatica can also result in considerable back pain, particularly to the lower back. This condition is caused by the compression or irritation of the sciatic nerve, which is the longest nerve in the human body. The onset of sciatic pain is often due to other back injuries, such as having a slipped disc.
How much compensation will I receive for a back injury?
All personal injury claims are individually assessed, with the amount of compensation awarded being based on a number of factors specific to each case. The first part of the award is called general damages, which is an amount based on the type of back injury you have sustained, the severity and longevity of the injury, and whether there are any long-term effects or complications.
Compensation guidelines for personal injury claims are published by the Judicial College each year, and these are the industry standard amounts used by solicitors and the Courts when determining the level of general damages warranted by a particular case.
A minor back injury, such as soft tissue damage that causes pain for between a month and two years would most likely be awarded between £1,500 and £6,000. Ligament, muscle or disc damage (such as a slipped disc) which causes pain and discomfort for 2-5 years without requiring surgery could be awarded general damages of between £6,000 and £9,000. More severe injuries to the back, such as a fractured vertebra, which can cause significant pain and affect a person’s mobility, could warrant compensation of up to £60,000.
Sustaining damage to the back can also cause additional complications, such as the loss of bladder control for example. If the spinal cord is damaged, you could also suffer from a degree of paralysis, whether temporary or permanent. All of these factors will need to be taken into account when determining how much general damages that you should be entitled to claim.
|Back Injuries||Severe back injury with spinal cord and nerve damage leaving permanent disability, severe pain and loss of function.||£73,700 to £130,130|
|Permanent back injury with conditions such as impaired mobility, loss of sensation and impaired bladder control.||£59,950 to £71,500|
|Disc lesions or fractures with permanent disabilities such as severe pain and reduced agility.||£31,350 to £56,375|
|Moderate back injuries such as disc compression where some residual disability remains||£22,440 to £31,350|
|Back injury with some permanent symptoms such as back ache||£10,120 to £22,440|
|Minor back injury with a full recovery achieved within two to five years without surgery||£6,380 to £10,120|
|Back injuries with a full recovery without surgery in less than two years||£1,705 to £6,380|
|Minor back injury lasting no more than a few months||Up to £1,705|
In addition to damages for the pain and suffering caused by your back injury, you will also be able to claim compensation for any financial losses linked to your accident and injuries. This is called special damages, and can include the following:
- lost earning if you have to take time off work
- loss of future earnings if your back pain means you are unable to continue working in your previous job role
- transport costs to medical appointments
- the cost of any rehabilitation treatment required
How long will it take to complete my claim?
The time it takes to complete a personal injury claim can vary considerably from case to case. If a claim is relatively straightforward and the defendant accepts liability, you could receive your compensation payment within a couple of months. However, if the circumstances of your accident are more complex, and it has to be taken to Court, it could take a number of years to come to an end.
Solicitors recognise that most clients will want to achieve a swift conclusion to their claim. They are therefore committed to processing your case as quickly as possible, minimising unnecessary delays and providing clear communication throughout the process. It may also be possible to provide you with interim payments before the completion of your case to help with treatment costs, lost earning, etc.
Benefits of choosing InjuryClaims.co.uk
It is important that you make the right choice when hiring an injury lawyer. At InjuryClaims.co.uk, we work in partnership with experienced personal injury solicitors from towns and cities across the UK. They have years of knowledge and experience in helping people claim compensation for back pain caused by all types of accidents, so are ideally suited to your needs.
Here are some of the benefits that a good injury solicitor can provide:
- A free case assessment to determine if you have a valid claim and answer any of your questions
- A No Win No Fee service, ensuring that you will not pay your solicitor a penny if they cannot win your back injury claim
- A commitment to achieving maximum compensation for your injuries
- Help in sourcing rehabilitation treatment where possible
To find out if you have a valid claim for back injury compensation, call 0800 678 1410 today to arrange your free consultation. Within a matter of minutes, you could find out if you are eligible to make a claim. This service is provided without any obligation to proceed further and is a great opportunity for you to ask any questions you may have.