When Can You Make A Back Injury At Work Claim?
This guide explains how to make a back injury at work claim. It will discuss the eligibility requirements that need to be met for you to have valid grounds to make a personal injury claim, and the evidence you could gather to prove your case.
Additionally, as we move through this guide, we will outline the responsibilities of an employer with regards to an employees safety at work. You can also find examples of how a back injury could be sustained at work. We will also guide you through the different types of compensation that could be awarded to you for your injuries if your case succeeds.
Our solicitors are experienced in helping claimants with their workplace accident claims. You can read more about how they can offer their services under No Win No Fee terms if you have a valid case.
For free advice and a case assessment about your potential claim for an accident at work, get in touch with our dedicated team of advisors. To do so, you can:
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- Eligibility Criteria For A Back Injury At Work Claim
- How Could Someone Sustain A Back Injury At Work?
- How Much Compensation Could You Receive From A Back Injury At Work Claim?
- What Evidence Could Help You Make A Back Injury At Work Claim?
- Claim Back Injury At Work Compensation On A No Win No Fee Basis
- Learn More About Claiming Compensation For A Back Injury At Work
Your back injury at work claim, as with any personal injury claim, must meet the following eligibility criteria:
- Your employer owed a duty of care at the time and location of the accident;
- They breached their duty;
- This breach resulted in an accident that caused a physical and/or mental injury.
These criteria combine to form the definition of negligence in tort law.
An employer’s duty of care comes from Section 2 of the Health and Safety at Work etc. Act 1974. It states they must take reasonable and practicable steps to keep employees safe at work. A failure to do so is a breach of duty and could give you grounds to make a personal injury claim if you are hurt in an accident as a result.
The final criterion is ensuring you start your claim for a personal injury within the time limit set out by The Limitation Act 1980. This is generally three years from the accident date, but certain exceptions can alter the time frame.
Our advisors can tell you more about how long you have to claim, as well as answer any questions you have about showing your claim has valid grounds.
There are many different ways an employee could suffer back injury in an accident at work. For example:
- An employee is carrying goods through a walkway that their employer has not ensured is clear of obstacles. They trip on strewn wires and fall, wrenching their back.
- Employers do not give a worker sufficient training before asking them to undertake a job using a jackhammer. As a result, the employee loses control and severely strains their back.
- An employee is given an old and broken ladder to use while working from a height despite the employer being aware of the faults. As a result, the employee falls when a rung snaps, landing on their back and experiencing a broken spine and partial paralysis.
- An employer does not complete a risk assessment on an excavation site. This results in an employee falling on an uneven surface that should have been cordoned off, suffering nerve damage and a fractured disc in their back when they fall into a pit.
If employer negligence led to you being harmed in an accident at work, speak to our advisors today to find out whether you’re eligible to begin a back injury at work claim.
You could receive a settlement featuring general damages compensation if your back injury at work claim is successful. General damages is a head of claim accounting for the physical and mental suffering caused by injuries.
Legal professionals can assign a value to your injuries with help from medical evidence and the figures shown in the Judicial College Guidelines (JCG). The JCG lists guideline award brackets for different injuries, a selection of which you can find in the table below.
Please note that this table should only be used as a guide. The figures are based on previous cases settled in court. However, the payout will be based on the specific facts of each case.
|Back Injury||Severe (i)||£91,090 to £160,980||Damage to the spinal cord and nerve roots leading to serious issues, such as severe pain and disability.|
|Severe (ii)||£74,160 to £88,430||Cases in this bracket feature, for example, nerve root damage with associated sensation loss, impaired mobility and impaired organ function.|
|Severe (iii)||£38,780 to £69,730||Disc fractures and lesions, vertebral body fractures or soft tissue damage resulting in chronic conditions.|
|Moderate (i)||£27,760 to £38,780||This bracket contains a variety of injuries, such as compression or crush fractures to the lumbar vertebrae with a substantial risk of osteoarthritis and ongoing pain and discomfort.|
|Moderate (ii)||£12,510 to £27,760||This bracket covers back injuries such as muscle or ligament disturbance leading to backache.|
|Minor (i)||£7,890 to £12,510||Injuries such as less serious strains, sprains and fractures that fully recover without surgery within 2-5 years. Also includes cases where recovery has taken place to a nuisance level.|
|Minor (ii)||£4,350 to £7,890||Similar injuries to the bracket above but where a full recovery has taken place without any surgery within 3 months to a year.|
Claiming Financial Losses In A Back Injury Claim
Special damages is the second possible head of claim and can be included in a settlement that features general damages. It compensates the claimant for either past or future financial losses caused by the injuries. This could include:
- A loss of earnings if you miss work through injury.
- The cost of home or vehicle adaptations.
- Travel expenses.
- Medical costs, such as prescription fees.
It’s important to gather evidence of these losses. You could do so in the form of receipts, payslips and invoices.
Our advisors can share more information on how compensation for a workplace accident claim is calculated if you get in touch on the number above.
Evidence adds credibility to a claim and contributes to proving employer negligence. The sort of proof you should secure for your back injury at work claim can include:
- The entry in your workplace accident book highlighting your accident.
- CCTV footage showing the incident.
- Photographs of the accident scene or cause.
- Medical records.
- Witness contact details.
Our solicitors can help you collect evidence and build your case as part of the services they provide. You can get more information about the benefits of working with our solicitors by speaking to an advisor.
You can find out if you have a valid claim by sharing details of your experience with one of our advisors. If you do, you could be connected to one of our solicitors who may offer their services under a Conditional Fee Agreement, a type of No Win No Fee arrangement. This means that you could benefit from their services without paying:
- Before the claim.
- As the case continues.
- If the claim fails.
Following a winning claim, your solicitor would take a percentage of the compensation awarded to you as their success fee. The percentage collected is small, agreed with you in advance and also legally capped by The Conditional Fee Agreements Order 2013.
We have a team of advisors ready to talk to you about workplace accident claims and your potential case. Remember, this service is free, and there is no obligation to start a claim with us at any stage. So, for anything from an answer to your query to detailed guidance on pursuing a compensation claim, you can reach us by:
You may find these other workplace accident claim articles helpful:
- Learn about claiming for accidents in public places.
- A guide covering claims for injuries suffered in road traffic accidents.
- Information on what you can claim if you are affected by a criminal injury.
These external resources can also be of use:
- Health and Safety Executive (HSE) – A guide from HSE on managing health and safety in the workplace.
- NHS – Find out how to get your medical records with this informative guide from the NHS.
- GOV.UK – Learn if you could be eligible to receive Statutory Sick Pay with this helpful government guide.
Thank you for reading our guide on making a back injury at work claim. If you have any other questions, please contact an advisor on the number above.