The Health and Safety Executive (HSE) provides advice to employers to try and help prevent staff from suffering back pain. They do so because companies have a duty of care to try and protect their staff’s well-being in the workplace. As a result, your employer should do all they can to reduce the risk of a back injury at work. If they don’t, they could be found to be negligent and that could mean you’ll be eligible to make a back injury at work claim for compensation.
To help get you started, we’ll review your case for free and look at your chances of being compensated. If there appear to be strong enough grounds, we could ask one of our personal injury solicitors to represent you. To help reduce your stress levels and financial risk, they’ll work on a No Win No Fee basis if your case is accepted. That means you’ll not have to pay a penny in solicitor’s fees unless you receive a compensation payout.
If you’d like to talk to us right away about your chances of being compensated, please call us on 0800 6524 881 today. Otherwise, please read on to learn more about claiming for a workplace back injury.
Table of contents
- Am I Eligible To Make A Back Injury At Work Claim?
- Common Causes Of Back Pain At Work
- Negligence Leading To Workplace Back Injuries
- Types Of Back Injuries At Work You Could Claim Compensation For
- How Much Compensation For A Back Injury At Work?
- How To Prove A Back Injury At Work?
- Time Limit For Claiming Back Injury At Work Compensation
- Can I Be Fired For Making A Back Injury At Work Claim?
- Starting The Back Injury At Work Claims Process
The Health and Safety at Work Act 1974 places a legal obligation (duty of care) on employers to do all they reasonably can to try and protect their staff. To try and prevent back injuries that might mean assessing the employee’s role and making changes where necessary. If you have injured your back at work and would like to claim compensation, one of our solicitors will check whether:
- Your employer breached their duty of care; because
- They were negligent; and
- You suffered a back injury at work as a result.
If you believe you meet the criteria listed, give us a call and we can give you a free assessment and legal advice.
Some companies may tell you that you can’t make a claim if you had a back problem previously, however, if a pre-existing condition has been aggravated or symptoms that may not have developed until later life have been bought forward due to the negligence of your employer then you may still be able to claim.
There are many ways in which you could suffer from back pain at work. Some common reasons for workplace back injuries include:
- Carrying awkward loads.
- Lifting bulky or heavy items.
- Dragging or pushing heavy loads.
- Repetitive tasks that require you to bend, crouch, stretch or twist.
- Sitting in the same position for a long time.
- Driving over rough ground for long periods.
- Accidents in the workplace such as slips, trips and falls.
If you’d like us to check if you could claim compensation for back pain, please get in touch with our team today.
Essentially, a back injury at work claim could be based on any form of negligence by your employer. Some examples of when compensation might be paid include:
- If you have acute back pain caused by poor posture because you weren’t provided with a suitable chair whilst working on a computer for long periods.
- Where you fell from height at work and damaged your back because a safety harness wasn’t provided.
- If you tripped on a raised carpet and fell down a staircase at work and suffered a back injury.
- Where lifting aids were not provided to help you move heavy or awkward loads.
- If you were not provided adequate training on how to lift loads safely.
- Where you injured your back because items fell onto you because of damaged shelving.
Please get in touch if you’ve injured your back in these scenarios or others caused by your employer’s negligence.
Our personal injury solicitors are specialists in workplace injury claims. In the past, some of the back injuries they have helped clients claim compensation for include:
If you’ve been diagnosed with a workplace back injury and believe you should be compensated, please call an advisor on 0800 6524 881 for a free assessment of your case.
How much compensation for a back injury at work claim you might receive varies on a case-by-case basis. Any settlement could cover:
- The pain your back injury causes.
- Any effect your injuries have on your hobbies or social activities (loss of amenity).
- Loss of income and future losses too if you’ve suffered long-term spinal injuries.
- The costs associated with a member of your family caring for you while you were recovering.
- Medical expenses including the cost of a physiotherapist.
- Any travel expenses linked to your back injury at work.
- The cost of making changes to your home (or vehicle) if they’ll make coping with your injuries easier.
If you decide to claim with us, one of our solicitors will carefully review your case to try and ensure you are paid the maximum amount of compensation possible.
When insurers and solicitors settle a back injury at work claim, they can refer to guidelines from the Judicial College to determine what the payout amount should be. We’ve used their data in our compensation calculator below to demonstrate average payout amounts. Although compensation will vary for different types of workplace back injuries, the figures should give you some idea as to the potential value of your claim.
|Back Injury||Mild||Up to £12,510||For soft tissue, a slipped disc, any muscle pain would receive this amount of injury compensation.|
|Back Injury||Moderate to Severe||£12,510 - £38,780||This range of compensation amounts might cover ligaments or the soft tissue on the back, any constant pain and /or any discomfort.|
|Back Injury||Severe||£38,780 - £160,980||Severe injury to the upper or lower back, possibly causing paralysis or any relating issues to organs in the lower parts of the body.|
As part of the claims process, you’ll typically require a medical assessment to determine the severity of your back injury. Usually, your solicitor will book this locally with an independent expert. They’ll assess your injuries and discuss their effects with you before producing their report.
The medical report produced by the expert will then be used as evidence in your claim and will help to determine the amount of compensation you may be entitled to. The report will also be used to inform any future treatment or rehabilitation you may require.
If you do claim for a back injury at work, you’ll need to provide evidence to prove how you sustained your back injury and why your employer is liable for it. This could include:
- Medical evidence. It’s important to have any back injury assessed by your doctor or at a hospital. As well as meaning you’ll get the right treatment, you could use your medical records to help prove what type of injuries you’ve sustained.
- Accident report forms. If you report an accident at work to your employer, it should be recorded in an accident report book. A copy of your report could prove when and where your back injury was sustained.
- Witness information. Relatives and friends might be asked by your solicitor to provide a statement of how your back pain has affected you. Similarly, colleagues might be asked for a statement about working conditions or about how an accident occurred.
- Occupational health reports. If you asked your employer to assess your working conditions, they may have asked an occupational health consultant to perform a review. If you have a copy of their report, it could be used as evidence to support your claim.
- Security camera footage. For back injuries caused by an accident at work, you could ask for a copy of any relevant CCTV footage.
- A diary. It may also be a good idea to write down how you’ve been impacted by your injured back at work. You could note down any days your injuries stopped you from working or attending social events. Furthermore, you could record any costs your injuries have caused too.
During your free consultation, we’ll assess any evidence you’re able to supply so please have it ready to discuss with one of our specialists.
As you might already know, there is a 3-year time limit for work injury claims in the UK. For claiming workplace back injury compensation, this will either start from:
- The date of the accident at work in which your back was injured; or
- The date your back injury was diagnosed by a medical professional.
While 3 years is a reasonably long time, we’d suggest that you begin your claim sooner rather than later. That should allow plenty of time to collect medical reports and supporting evidence before your claim is filed with your employer.
No, it is illegal for an employer to fire an employee for making a back injury at work claim. UK law provides protection to employees who make claims for compensation following a work-related injury or illness, including back injuries at work.
If an employer does dismiss an employee for making a legitimate claim, this would be considered unfair dismissal, meaning the employee could also take legal action against the employer for unfair dismissal.
If one of our specialist solicitors agrees to take your back injury at work claim on, they’ll work on a No Win No Fee basis. That means if your claim is won they’ll deduct a set percentage amount of any compensation awarded (as stated in the Conditional Fee Agreement you’ll sign) to cover the cost of their work. If the claim fails, you won’t have to pay anything for your solicitor’s work.
To check if you’re eligible to claim on a No Win No Fee basis, simply call our advice line on 0800 6524 881 today. Whatever you decide to do, your case will be assessed and you’ll be given free legal advice on your options.
Please use live chat to get in touch if you have any extra questions about the process of making a back injury at work claim.