A Guide To Claiming Back Injury At Work Compensation
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Read our guide to learn how to make a back injury at work claim and to know how to value your compensation.
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Am I Eligible To Make A Back Injury At Work Claim?
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Read our guide to learn how to make a back injury at work claim and to know how to value your compensation.
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If you’ve suffered a back injury at work and it was your employer’s fault, you may have an eligible claim against them. However, in order to make a back injury at work claim, you need to meet the specific personal injury claims eligibility criteria.
We present to you this guide on how to make a back injury claim, with guidance on valuing compensation and connecting with our No Win No Fee solicitors.
Key Takeaways
- If you injure your back and your employer is at fault, you may have an eligible back injury at work claim.
- Your back injury at work claim may include compensation for your pain and suffering and financial losses.
- There is a time limit of 3 years to claim compensation for back injuries at work.
- It is possible to claim compensation on behalf of minors and those with reduced mental capacity.
- You can make your back injury compensation claim with our No Win No Fee solicitors if you meet the eligibility.
Our advisory team is available around the clock to help answer any questions you have about making personal injury claims. As part of a free consultation, they can assess whether you have a valid claim, estimate your compensation and help you get started. Contact us now to make an accident at work claim:
- Call at 0333 091 8598.
- Contact us online.
- Reach us through live chat.
Am I Able To Claim Compensation For A Back Injury At Work?
If you satisfy the personal injury claims criteria, then yes, you could claim compensation for a back injury at work.
There are some situations where others are reasonably responsible for our safety and well-being. This legal obligation is known as a ‘duty of care’. An employer has this duty to ensure the safety of their employees by taking reasonably practicable steps. This is set out under the Health and Safety at Work etc Act. Act 1974.
Hence, for an eligible back injury at work claim, you need to establish the following:
- Your employer had a duty of care towards you.
- They have breached this duty.
- You’ve suffered an injury due to this breach.
Can I Still Claim If My Injury Is Minor?
Irrespective of the severity of your injury, you can claim compensation if it is your employer’s fault. Even a minor injury could lead to drastic consequences. For example, you may have suffered a minor back injury due to a slip and fall which is still eligible for compensation.
Am I Eligible To Claim Even If I’m Partly To Blame For The Injury?
In some cases, you may be able to claim compensation even if you are partly at fault for the accident (split liability) or the injury (contributory negligence). You may receive compensation based on the proportion of blame you hold.
For example, in a split liability claim, you suffered a spinal injury due to a defective forklift, but you were also not using any safety equipment. Therefore, if you are found to be 20% responsible for your injury, your compensation would be reduced by 20%.
In a contributory negligence claim, you may have suffered a back injury whilst at work, sought medical attention and were given GP advice to rest. However, you went ice skating during that time and this resulted in the 20% worsening of your injury. Again, your compensation will be reduced by 20%.
You can speak to our friendly team of advisors to learn more about the eligibility of your back injury claim.
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My Loved One Suffered A Back Injury At Work, Can I Claim On Their Behalf?
If your loved one has suffered a back injury at work, you can claim on their behalf by acting as a litigation friend. You could make a back injury at work claim on behalf of the following:
- Minors: Since minors cannot claim for themselves, somebody else could seek compensation on their behalf. This option is available until the minor turns 18 and can make their own claim.
- Individuals with reduced mental capacity: You can also claim on behalf of a person who doesn’t possess the capacity to do so themselves. This option is available until the person’s mental capacity returns.
If you become a litigation friend, you’ll get the authority to make decisions on behalf of the concerned person reagrding the claim. The court will make the appointment after determining your suitability according to the following points:
- There is no conflict of interest.
- You can make fair and competent decisions in the case.
For minors, in case of successful claims, the Courts Fund Office holds the compensation amount in a separate account. This amount is then handed over to the minor once they turn 18.
Speak to us now for more information on claiming for somebody else.
Examples Of Workplace Accident Back Injuries
There are many kinds of accidents which could lead to back injury at work claims, such as:
- While handling complicated machinery, you injured your back because your employer failed to provide you with proper equipment.
- Due to a faulty ladder which your employer was aware of, you fell and suffered a serious spinal injury, leaving you with a permanent disability.
- You work in a kitchen where the floor is wet due to cleaning after an oil spill. There is no signage, which causes you to slip and sustain a fracture in your back and neck.
Irrespective of how you suffered a back injury, you can avail of a free case consultation by calling us now.
How Will My Employer Pay For My Compensation?
Your employer won’t pay your compensation; their insurance provider will. All businesses are legally required to have employers’ liability insurance. This is a mandatory requirement to protect employers in case of any workplace injury claims against them. Therefore, if your back injury at work claim is successful, your compensation will come from this insurance, not the employer directly.
You can speak to our advisors for more information on employers’ liability insurance payouts.
What Compensation Can I Get For Workplace Back Injury Claims?
What Compensation Can I Get For Workplace Back Injury Claims?
For a successful back injury at work claim, your compensation may include two heads:
- General Damages: This head is to compensate you for your physical and psychological injuries.
- Special Damages: This head may be included to compensate you for financial losses caused by these injuries.
For general damages, legal experts usually refer to the Judicial College guidelines (JCG). We’ve summarised the JCG figures for back injuries in the list below, except for the top entry. However, you must use this list only for guidance:
- Multiple Injuries and Special Damages-Very Severe– The individual may have suffered more than one injury and special damages such as loss of earnings or need for professional care- Up to £250,000+
- Back Injury- Severe(i)– This is the most severe injury, which could cause serious consequences, such as damage to the spinal cord and nerve roots. There is serious pain and disability, impaired bladder and sexual function- £111,150 to £196,450.
- Back Injury- Severe(ii)– There is severe scarring, sexual complications, and impaired mobility. This includes features which differentiate it from the lower brackets- £90,510 to £107,910
- Back Injury-Severe(iii)– The soft tissues or the discs have been injured, and even after recovery, there is some disability remaining, like impaired agility and chronic pain.- £47,320 to £85,100
- Back Injury-Moderate(i)– This category includes crush injuries and the need for spinal fusion. £33,880 to £47,320
- Back Injury- Moderate (ii)– There could be a soft tissue injury disturbing the muscles or exacerbating an older injury.- £15,260 to £33,880
- Back Injury- Minor (i)- There is a complete recovery or at least a recovery from the level of nuisance within 2-5 years without any surgery.- £9,630 to £15,260
- Back Injury-Minor(ii)– There is a complete recovery within 1-2 years without any surgery- £5,310 to £9,630
- Back Injury- Minor (iii)– There is a full recovery without any surgery between 3 months and a year.- £2,990 to £5,310
- Back Injury- Minor (iv)– A full recovery is made within 3 months- Up to £2,990
Back Injury At Work Claim Special Damages
You could also recover special damages as part of your claim to compensate for any out of pocket expenses related to the injury. This may include:
- Professional care.
- Help with domestic tasks, such as cleaning or walking the dog.
- Special mattress.
- Mobility equipment, such as a walking frame or wheelchair.
- Specialist shoes or insoles.
- Adaptations made to your home, such as a bath lift.
You will need to supply evidence of these costs as part of the claims process. Speak to a member of our advisory team to find out more.
Calculate your compensation
Use our compensation calculator below to get an estimated value for your back injury at work claim.
Compensation Bracket: 0.00
You can also call our advisors for guidance on compensation.
What Evidence Do I Need To Prove My Back Injury Claim?
Some examples of evidence to support your back injury at work claim that could be useful include:
- Details from the accident book report.
- Photographs of the accident site and visible injuries.
- Contact information of eyewitnesses willing to testify at a later date.
- Personal written records of the accident or diary entries.
- Medical records
You can contact our advisors for further guidance on gathering evidence.
The Back Injury In The Workplace Claim Time Limits
According to the Limitation Act 1980, you have 3 years to start your back injury at work claim. However, this time limit won’t apply in the case of minors and those without the mental capacity to claim for themselves.
As explained above, a trusted person can apply to become a litigation friend and claim on behalf of the above individuals before the time limit commences.
Speak to our advisors now for more information on the time limits for personal injury claims
Can I Claim With No Win No Fee Solicitors Co?
If you meet the eligibility criteria, No Win No Fee Solicitors Co can help you make your claim. You may be worried that making a back injury at work claim is expensive. However, if you work with one of our back injury solicitors, they offer No Win No Fee services. They’ll provide these services under a Conditional Fee Agreement (CFA), which means that you won’t have to pay them for their work:
- Upfront
- While your claim is pending.
- If you lose your case.
In the event of a successful claim, your solicitor will charge a success fee. This is a percentage of your compensation, which will be mentioned in your No Win No Fee agreement. There is a legal cap on this percentage to ensure fairness.
Your back injury solicitor will also provide you with the option of purchasing after the event (ATE) insurance. This insurance will cover the costs borne by your solicitor in your claim, such as court fees. You need not worry about any further procedures since your solicitor will purchase this insurance for you when they take on your claim. Here also, there are no upfront costs involved.
Contact Our Solicitors
To find out if you are eligible to work with one of our solicitors, speak to a member of our team now:
- Call at 0333 091 8598.
- Contact us online.
- Reach us directly through our live chat.
Learn More
Thank you for reading our guide on making a back injury at work claim. You can also read some of our other guides:
- Information on scaffolding claims.
- Details on burn injury compensation.
- Our guide on knee injury compensation.
You can also go through some of these external links for more information:
- Information on back pain from the NHS.
- Government guidance on employment status.
- Details on first aid from the NHS.
