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,…
Suffering with a back injury?
If your back injury was caused by an accident that wasn’t your fault, you could be entitled to claim compensation for your pain and any related financial losses.
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Back Injury Claims
Anyone who has suffered from a back injury will understand how painful and debilitating it can be. If the injury was due to someone else’s negligence, you may be entitled to make a back injury claim and seek compensation for the pain and disruption that the injury has caused to your life.
Back injuries can range from mild sprains and strains to severe spinal injuries. These are commonly caused by workplace accidents, road traffic accidents and slips, trips and falls.
To find out if you can claim, call free on 0800 470 0474 today or request a call back for a free consultation with a specialist back injury solicitor. They will be able to give you an honest evaluation of your case and your chances of making a successful back injury compensation claim on a no win no fee basis.
Key points about back injury claims
- Am I eligible?
You may be able to claim if your back injury was caused by a workplace accident, road collision, medical negligence or unsafe conditions in public. - Who is responsible?
Liability depends on the circumstances — it could be an employer, driver, NHS trust, or business owner who failed in their duty of care. - What’s the deadline?
You usually have 3 years from the injury date or diagnosis to begin a claim. - How much compensation?
Amounts vary based on the type and severity of injury, impact on mobility, pain levels, and loss of earnings. - Can I claim no win, no fee?
Yes, your solicitor will offer a no win, no fee service, with nothing to pay upfront or if the claim is unsuccessful.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
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Table of Contents
Who can make a back injury compensation claim?
To be eligible to claim compensation for your back injury, the following requirements must typically be met:
- Another party, such as a driver or your employer, owed you a legal duty of care.
- They breached this duty and caused an accident to occur.
- You’ve suffered a back injury as a direct result of that accident.
- You are within the legal time limit to start a claim (usually 3 years).
Can I claim for a back injury if I was partially at fault?
Even if you were partially responsible for your accident, you might still have a potential claim. In this case, however, the amount of your award may be reduced based on your level of fault under the Law Reform (Contributory Negligence) Act 1945.
Examples include not wearing your seatbelt in a car accident claim, crossing the street irresponsibly in a road traffic accident or not wearing your personal protective equipment (PPE) at work.
Who is responsible for paying compensation for a back injury?
Various parties could be liable in a claim for personal injury compensation, depending on the circumstances of your accident. For example, if you were injured at work, your employer may be held responsible under the Health and Safety at Work etc. Act 1974.
Liability may also fall on:
- A driver or another road user who caused a road traffic accident.
- A property owner or local authority who failed to maintain safe premises.
- A manufacturer who sold a faulty product.
The back injury compensation payout will often be paid by the defendant’s insurer. In some cases, compensation will be recovered from a body such as the Criminal Injuries Compensation Authority (CICA) or the Motor Insurers’ Bureau (MIB).
How long do I have to make a back injury claim?
In the UK, the general time limit for personal injury cases is 3 years from the date of the accident or the date of knowledge of the injury. However, there are a few exceptions to this rule:
- Minors: If the person making the claim is under the age of 18, the time limit does not start until their 18th birthday.
- Mental incapacity: The time limit is suspended if the person making a claim lacks mental capacity due to an intellectual disability or another condition.
- Violent crimes: If your injury was due to an assault or another type of aggravated crime, you usually have two years to claim compensation through the CICA.
- Military personnel: Service members could claim back injury compensation through the AFCS within seven years of their accident.
It is important to talk to a legal adviser as soon as possible following an accident, or have a family member do so on your behalf. Time is of the essence, as many solicitors will not accept a case if the deadline for filing a claim is fast approaching.
What is the process for claiming back injury compensation?
The process of claiming compensation for a back injury will typically involve the following steps:
1. Consulting with a personal injury solicitor
A personal injury lawyer will identify the party liable to pay you compensation and assist you in understanding the necessary steps for making a back injury claim. If the solicitor accepts your case, they will offer you a no win no fee* agreement and guide you through the rest of the claims process.
2. Gathering evidence
To build a strong case, gathering evidence to prove negligence in a back injury claim is crucial. This may include:
- Photographs of an accident scene, machinery defects, and hazards.
- Pictures of your visible injuries and damage to your personal items.
- CCTV or dash cam footage of the accident, if available.
- Medical records, including details of ongoing symptoms and treatments.
- Witness statements can provide valuable evidence to support your claim.
- A formal accident report showing the date, cause and location of your accident.
- Other supporting evidence, such as expert reports and financial documents.
3. Filing your back injury claim
This involves submitting a formal letter of claim to the party responsible for your injury, outlining the details of your case and the compensation you are seeking. They will have up to three months to investigate your allegations and accept or deny responsibility for your injuries.
4. Negotiations
Your lawyer will negotiate with the responsible party or their insurance company to reach a settlement. Both parties can make multiple offers until you reach a settlement that is acceptable to everyone.
5. Going to court
If negotiations are unsuccessful, you may need to go to court to seek a ruling from a judge. They will listen to both parties and examine the available evidence to determine liability and decide on a suitable compensation amount.
6. Receiving compensation
If your back injury claim is successful, you will receive a compensation award for your injuries, which may include damages for medical expenses, lost income, and pain and suffering.
How much compensation can I claim for a back injury?
All personal injury claims are individually assessed, with the amount of compensation awarded being based on two types of damages:
- General damages, awarded for the back injury itself and the pain, suffering and loss of quality of life it has caused you.
- Special damages, awarded for financial losses and expenses, such as medical bills or lost wages.
Compensation guidelines for personal injury claims are published by the Judicial College each year. According to these, you could receive:
| Injury Type | Description | Compensation |
|---|---|---|
| Back Injuries | Spinal cord injuries and nerve damage causing permanent disability, severe pain and loss of function | £111,150 to £196,450 |
| Serious back injury leading to impaired mobility, loss of sensation and impaired bladder control | £90,510 to £107,910 | |
| Disc lesions or fractures with permanent disabilities, such as severe pain and reduced agility | £47,320 to £85,100 | |
| Moderate back injuries, such as disc compression where some residual disability remains | £33,880 to £47,320 | |
| Back injury with some permanent symptoms, such as backache | £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 weeks | Up to £1,705 |
Can back injury claims be made using no win no fee?
Yes, back injury claims can usually be made using a no win no fee agreement. If your solicitor believes you have a valid claim with a fair chance of success, they will work on a conditional fee basis (the technical term for no win no fee), which means that:
- You can initiate legal proceedings without worrying about your financial situation.
- There are no upfront costs for legal representation.
- If your claim is unsuccessful, you will not have to pay your solicitor’s fee.
Under a no win no fee agreement, you will only have to pay your solicitor if you receive back injury compensation. They will get a success fee of up to 25% of your award, which you will discuss and agree upon at the beginning of your case.
What are the most common causes of back injuries?
There are many ways in which a back injury might be sustained, and the severity of the condition can vary significantly from one case to the next. The most common types of back injury accidents include the following:
Back injuries sustained at work
Various types of accidents can result in a back injury at work claim, including slipping on a wet floor, falling from a ladder or lifting a heavy object. Back injuries can also develop over time due to working conditions, such as working on a chair that doesn’t provide adequate support, or from overuse.
Back pain is a leading cause of work absence, accounting for more than 12 million days lost each year. Every employer has a duty of care to minimise the risk of common back injuries at work through risk assessments, adequate training and safe systems of work.
If your employer breached their duty of care towards you and you injured your back doing your job, you may be entitled to make an accident at work claim.
Slips, trips and falls
Slips, trips and falls can occur everywhere, such as while shopping in a supermarket, walking on a pavement, at school or in rented housing. These can be due to spillages on the floor, debris, defective surfaces, uneven paving slabs, damaged carpets, and many other reasons.
The injuries sustained can range from minor bruising to severe back, neck and head injuries. A heavy fall or an awkward landing can even result in fatal injuries.
Road traffic accidents
Road traffic accidents are another common cause of back injury claims, as they often result in injuries to the neck and back. The sudden force of impact can cause the body and spine to move back and forth suddenly, resulting in soft tissue injuries, nerve compression and even fractures.
This list is not exhaustive. Many other situations can lead to a back injury, including sports incidents, criminal assaults and military accidents. If another party was at fault for your accident, you may be able to make a claim for compensation.
Common types of back injuries
A wide range of different injury types can affect the back, and some of the most common ones are as follows:
- Chronic back pain – Some back injuries can lead to ongoing pain and discomfort, especially when repetitive strain and poor posture are involved. They can significantly affect your well-being and ability to work.
- Soft tissue injuries – Damage to muscles, tendons and ligaments, including sprains and strains, that can cause ongoing pain, stiffness and mobility issues.
- Herniated disc – A slipped disc injury can cause pain in the legs, weakness, numbness and a tingling sensation. It occurs when the soft cushion between two discs is damaged and presses on the nerves.
- Fractured vertebrae – Spinal fractures commonly result from severe accidents, such as falls from a height and road traffic collisions. These can be extremely painful and may lead to long-term disability.
- Sciatica – This condition is caused by the compression or irritation of the sciatic nerve, which is the longest nerve in the human body. It causes sharp pain radiating from the lower back down the leg, tingling and weakness.
How long will it take to complete my back injury 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 back injury compensation payment within a couple of months. However, if the circumstances of your accident are more complex, or it has to be taken to court, it could take several years to conclude.
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 with experienced personal injury solicitors across the UK who specialise in helping people claim compensation for all types of back injuries.
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 fee 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 back injury compensation claim, arrange a free consultation by calling 0800 470 0474 or using the contact form below. Within a matter of minutes, you can find out if you are eligible to make a claim, without any obligation to proceed further.
