Back injuries are extremely common and do not always involve heavy lifting. If you have injured your back at work, on business premises, or even outside, you may well be eligible for compensation. You will need to prove negligence on behalf of one or more third parties before you can pursue compensation.
We will now take a look at some of the more common back injuries and the level of compensation you might expect to receive.
Then we will take a look at how you can progress a claim for compensation, the paperwork required, and how to negotiate the best deal possible.
- – Road traffic accident compensation claim examples
- – Head injury compensation claim examples
- – Whiplash compensation claim examples
We update all our guides regularly. If you are researching Personal Injury and Personal Injury Compensation Claims and we haven’t got an exact guide that helps you, keep coming back as we update daily.
What Level of Compensation Should I Expect for a Back Injury?
Unfortunately, back injuries take many shapes and forms and can have a varying impact on your life. We have put together a summary of the level of compensation available for back injuries of varying severity.
|Type / Severity of Injury||Compensation|
|Where a full recovery is expected within three months||Up to £1,950|
|Where a full recovery is expected within three months to 2 years without surgery||£1,950 to £6,290|
|Full recovery expected within 2 to 5 years without surgery||£6,290 up to £9,970|
|Disturbance of ligaments/muscle often exacerbating existing back conditions by five years or more||£9,970 up to £22,130|
|Injuries including compression/rupture of the lumbar vertebrae resulting in an increased risk of osteoarthritis together with constant pain||£22,130 up to £30,910|
|Disc lesions/fractures, soft tissue damage resulting in chronic conditions, impaired agility, depression and personality change||£30,910 up to £55,590|
|Injuries such as nerve root damage, orthopaedic injury resulting in loss of sensation, impaired mobility, impaired bladder/bowel function, sexual difficulties and unsightly scarring||£59,120 up to £70,490|
|Damage to the spine and nerve roots leading to severe pain/disability, impaired movement, impaired bladder/bowel control and reduced sexual function||£72,620 up to £128,320|
This will give you an idea of the compensation available for various back injuries. It is worth noting that other classes of injuries such as neck/shoulder may also include some damage to the back.
The back is a very complex element of the body, and the long-term impact of injury is sometimes difficult to forecast with any great certainty.
On average 20% of people who get injured at work make a compensation claim.
Is My Employer Responsible for Back Injuries in the Workplace?
The vast majority of back injuries tend to occur in the workplace. There are numerous reasons why these may occur such as:-
- Repetitive actions
- Lack of safety equipment
- Falling from a great height
- Unsafe work surface
- Inadequate safety training
- Inadequate safety signage
- Allocating inexperienced personnel to unsuitable roles
This list is by no means exclusive, but it does give you an idea of some of the reasons why back injuries tend to occur in the workplace.
It is worth noting, as we mentioned above that the long-term impact of back injuries is not always easy to forecast.
Can I Claim for Back Injuries Outside of the Workplace?
It matters not where your injury occurred; if it was as a consequence of negligence by one or more third parties, then you may be able to claim compensation. For example, you could slip on a wet floor in the supermarket, hurt your back, and be able to claim compensation.
Alternatively, there may be a loose paving stone on a public pathway, which causes you to trip and injure your back. We know that the vast majority of back injuries relate to work but not always.
Is There a Time Limit in Which I Need to Claim Compensation?
Initially, there is a three-year window of opportunity from the day that you were injured, during which you will need to lodge a claim for compensation. However, this timeframe is not set in stone.
If, for example, you are not diagnosed with a back injury, connected to your workplace, until weeks, months, or even years down the line, you may still be able to claim compensation.
Where you are not diagnosed immediately, day one of this three-year window of opportunity will be the date on which you received the diagnosis.
How Do I Pursue Compensation?
There are two options. You can either pursue compensation in your own right, with no outside assistance, or utilize the services of a claims management company. While you may be tempted to pursue your own compensation claim, remember that this is the legal system of the UK, which can be very complex.
We have seen scenarios were perfectly legitimate, even strong cases, have fallen by the wayside because deadlines were missed, and information was not lodged with the courts. So, it is no surprise to learn that more and more people are now looking towards using claims management companies.
How Do I Appoint a Claims Management Company?
The first thing to do is gather as much evidence as possible regarding your claim. Then approach a claims management company and ask them to review your case. They will look at details of your case together with evidence provided and estimate your chances of success.
If they believe you have a minimum 60% chance of a successful prosecution, they would likely offer to take on your case.
We know that the majority of personal injury claims are pursued through “no win, no fee” arrangements. This reduces the financial risk to both parties. The claims management company believes they are taking on a relatively strong case. The claimant does not have to cover any fees, and therefore their financial risk is minimal.
So, How Does a No Win, No Fee Arrangement Work?
In effect, the claimant is indemnified from any costs incurred by the claims management company when pursuing the case. In exchange, the claims management company will look to arrange a “success fee.”
This would entitle them to a share of any compensation awarded with the average figure around 25%. It’s also worth noting that with larger claims, outside the Small Claims Court limit, a successful prosecution would likely see their costs repaid by the defendant.
What Are General Damages and Special Damages?
General damages refer to financial compensation, directly associated with pain and suffering. Special damages relate to costs incurred, future expected costs, and any other issues such as loss of income, etc. While general damages are limited, see the above figures, there is no such upper limit on special damages.
Back injuries are notoriously difficult to diagnose as they can take weeks, months, or even years to materialize. Thankfully, due to improvements in medical technology, it is now possible to directly link back injuries with working conditions, even if experienced years earlier.
It is important to consider the use of a personal injury claims management company. They will have access to experts, experience in pursuing compensation, and the ability to extract maximum compensation where negligence has been proven and accepted.
Quick Personal Injury FAQs
RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This 2013 legislation requires that you report workplace incidents. A report should be made no later than ten days after the occurrence.
Reports are made to the Health and Safety Executive (HSE). They should be made by a responsible person such as a supervisor, manager or business owner. Not all incidents need to be reported, though a majority do. You should file a RIDDOR report online.
Even if you’ve claimed compensation and taken your employer to court, they are not legally allowed to dismiss you after an injury. If you can prove that your dismissal is a direct result of your injury, you could be entitled to further compensation to rectify the way you’ve been treated.
Any accidents in the workplace need to be properly recorded. That’s the case whether they happened to you, another member of staff or a customer. Your place of work should have an accident book that they maintain.
Make sure that any accident is recorded in the accident book. The document should be signed by those involved, to show that it’s an accurate record.
It’s always a good idea to report an injury outside of work. Even if you have no intention of claiming any money, reporting an incident means that any oversights won’t go unnoticed for long. Reporting incidents provides those responsible with a chance to set things right, whether they need to make some repairs or change the processes they have in place.
How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.