Back Injury 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 evaluation of your case and your chances of making a successful claim.
Over the years, personal injury solicitors have helped thousands of 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.
If you would like to discuss making a back injury claim with an experienced legal adviser, call free on 0800 470 0474. Alternatively, you can arrange a call back by entering your details into our online contact form.
What are the requirements to make a back injury compensation claim?
To be eligible to make a back injury claim, the following requirements must typically be met:
- The injury must have occurred as a result of an accident or event that was somebody else’s fault, and that party owed you a duty of care.
- You must have received medical treatment for your injury, such as visiting your GP, a minor injuries unit or the emergency room.
- You should have some sort of evidence to support your claim, such as medical records, witness statements, or photographs of the accident scene.
- You should start your claim within the relevant time frame, which is usually three years after your accident or when you became aware of your injury.
- You should have a good understanding of the type of injury you have, how it occurred, and the impact it has on your life.
Even if you were partially responsible for your accident, you might still be eligible for back injury compensation. In this case, however, the amount of your award may be reduced based on your level of fault. Examples include not wearing your seatbelt in a car accident claim or crossing the street irresponsibly in a road traffic accident.
To discuss your claim with an experienced legal advisor, call 0800 470 0474 or submit your contact details to receive a call back.
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. Other legislation that protects employees includes the following:
- 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 Height 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 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 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. 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 everywhere, such as while shopping in a supermarket, walking on a pavement, at school or while 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 carpets, obstructed walkways and many other reasons. In many cases, another person or company will be at fault for these types of accidents, in which case the injured person may be entitled to pursue a claim for back injury compensation.
Road traffic accidents
Road accidents are another common cause of back injury claims, 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 back injuries often get worse days or even weeks after the accident happens, and they 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. Our personal injury solicitors would welcome the opportunity to discuss your case with you during a free consultation. They will assess your accident and determine how much compensation you could be awarded for the injury you unfairly sustained.
To arrange your free consultation, call 0800 470 0474 or request a call back. You can find out within minutes if you have a valid back injury claim, and you can also ask any questions you may have about the process or service provided.
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 these injuries will be caused by accidents or another person’s negligence. In many cases, this pain will get better over a few weeks without requiring any medical attention.
The sheer volume of people affected by back pain highlights how delicate and susceptible to injury the back is. A wide range of different injury types can affect the back, and 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, also known as a herniated or prolapsed disc, 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.
Further information about the different types of back injuries and the treatment options available can be found on the NHS website.
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. These are the industry standard amounts solicitors and the Courts use 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 considered when determining how much general damages you should be entitled to claim.
Injury Type | Description | Compensation |
---|---|---|
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 |
- Lost earnings 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 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 a number of years to conclude.
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 earnings, etc.
What is the process for claiming back injury compensation?
The process of claiming compensation for a back injury can vary depending on the specific details of your case. However, generally speaking, the process will involve the following steps:
Consulting with a personal injury solicitor
A personal injury lawyer can assist you in understanding the necessary steps for making a back injury claim, as well as determining the most appropriate course of action. They can also assist in identifying the party liable to pay you compensation, which could be:
- The insurance company of another driver, if you had a road traffic accident
- The local authorities, for situations such as pavement accident claims
- The Motor Insurer’s Bureau, if your injury was caused by a hit and run or an uninsured driver
- The Criminal Injuries Compensation Authority (CICA) if you suffered a back injury due to a violent assault
- Your employer, if you had an accident at work or developed a back injury through manual handling
- A business owner or operator, for slips, trips and other accidents in a privately owned establishment
- A product manufacturer, if you were injured due to a faulty product
- The Ministry of Defence, for claims related to military personnel injured on duty
If the solicitor accepts your back injury claim, they will offer you a no win no fee* agreement and guide you through the rest of the claims process.
Gathering evidence
To build a strong case when claiming back injury compensation, gathering evidence supporting your claim is crucial. This may include:
- Photographs of an accident scene, machinery defects, or what caused your accident;
- 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 the diagnosis, treatment, and any ongoing symptoms related to your back injury;
- Witness statements from people who witnessed the accident or event that caused your injury can provide valuable evidence to support your claim;
- If your accident occurred at work or in a public place, there may be a formal accident report you can use to show the date, cause and location of your accident;
- Other supporting evidence, such as pay stubs, medical bills, receipts, and other documents that demonstrate the financial impact of your injury.
Filing your back injury claim
This will typically involve submitting a formal letter of claim to the person or entity 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 inform your solicitor whether they accept or deny responsibility for your injuries.
Negotiations
Your lawyer will negotiate with the responsible party or their insurance company to reach a settlement. They will work out how much back injury compensation you should be entitled to by taking into account the following:
- General damages, awarded for the back injury itself and the pain, suffering and loss of amenity it has caused you;
- Special damages, awarded for financial losses and expenses, such as medical bills or lost wages.
Both parties can make multiple offers until you reach a settlement that is acceptable to everyone.
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 award.
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. You will usually receive a lump sum payment minus:
- Any interim payments you have received
- A success fee paid to your solicitor, which can be no more than 25% of your compensation award
- The cost of the After the Event insurance policy
How long do I have to make a back injury claim?
In the UK, the general time limit for making back injury claims is three years from the date of the accident or from when the injury occurred. 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 is mentally incapacitated. It only starts if they regain the capacity to make a claim. This could be due to:
- An intellectual disability, such as Down syndrome
- Post-traumatic stress disorder
- A neurodegenerative condition like dementia
- A mental health condition like severe depression
- A severe brain or spinal cord injury
- Latent injury: If the injury is not immediately obvious and only becomes apparent later, the time limit starts from the date the injury was diagnosed.
- Industrial diseases: For some types of back injuries, the time limit starts from the date of diagnosis rather than the date of exposure.
- Violent crimes: If your injury was due to an assault or another type of aggravated crime, you 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.
Keep in mind that the process of collecting evidence, speaking with witnesses, and preparing legal documents can be time-consuming. Your solicitor may need several months to build your back injury claim, so it is crucial to initiate legal action promptly to avoid missing out.
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 any out-of-pocket expenses
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.
When taking on your case, your injury solicitor will take out an insurance policy known as After the Event (ATE) insurance. This type of insurance offers complete protection against legal expenses and disbursements if your claim is lost, such as:
- The other party’s solicitor fees
- Costs of printing and copying
- Travel costs
- Police and medical reports
- Fees requested by the court
If your back injury claim is successful, the defendant will cover your legal costs, and you only have to pay the cost of the ATE premium and your solicitor’s success fee. If your case fails, you do not have to pay anything.
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 they 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 back injury compensation claim, arrange a free consultation by calling 0800 470 0474 or arrange a call back using the contact form below. Within a matter of minutes, you can find out if you are eligible to make a claim. This service is provided without any obligation to proceed further and is an excellent opportunity for you to ask any questions you may have.