If you’ve suffered a neck injury in an accident at work, you may be eligible to claim compensation against your employer if their negligence caused the accident to happen. In this guide to claiming compensation for a neck injury at work, we shall look into what types of accidents could lead to a compensation claim, why your employer could be responsible, and how much compensation you might be due.
We have a team of specially trained advisors ready to help if you are thinking of making a neck injury at work claim. They offer a no-obligation telephone consultation where your case will be reviewed and you’ll be given free advice on whether a claim is likely to successful. If the chance of success is high, we could ask one of our specialist personal injury solicitors to step in. They’ll represent you on a No Win No Fee basis if you both agree to work together meaning you’ll only pay them if you are awarded compensation.
To learn more about claiming for a workplace neck injury, please carry on reading. Alternatively, if you’re ready to discuss making a claim right away, please call us on 0800 6524 881 today.
Table of contents
- Am I Eligible To Claim Compensation For A Neck Injury At Work?
- Evidence To Support A Compensation Claim For A Neck Injury At Work
- Scenarios That Might Lead To Workplace Neck Injuries
- Common Workplace Neck Injuries
- How Much Compensation Do You Get For A Neck Injury At Work?
- Average Compensation For Neck Injuries At Work
- Time Limits For Claiming Neck Injury At Work Compensation
- Starting The Neck Injury At Work Claims Process
Employers must abide by the rules of the Health and Safety at Work Act 1974. This means carrying out regular risk assessments and removing any potential hazards where possible. You could claim compensation for a neck injury at work if:
- Your employer breached their duty of care through negligence; and
- An accident or incident at work occurred as a result; and
- Your neck was injured.
If you or a loved one has been affected by a workplace neck injury, call us to see if one of our solicitors could help you to claim compensation for your suffering.
Your employer is unlikely to simply accept liability for your neck injury at work. It’s more likely that they’ll pass the claim to their insurer who might contest who caused the accident or how serious your neck injury was. Therefore, you need to provide as much evidence as you can to back up your allegations. As part of their service, your solicitor will work with you to try and obtain:
- Photographs of the accident scene. Ideally, these will be taken at the time of the accident and show the root cause.
- X-rays and medical records from the hospital that treated your neck injury. These can be a very good way of demonstrating the severity of your injury.
- Details of anybody who saw the accident happen. If you do make a neck injury claim, witness statements may be requested if liability for your accident is denied.
- Security camera Under data protection laws, you can ask your employer to send you any relevant footage but you should act quickly before the evidence is deleted.
- Accident report forms. By law, employers need to keep an accident report book. Your copy of the report will help to prove when and where you sustained your neck injury at work.
If you are struggling to obtain evidence to support a neck injury at work claim or would like us to look at what you’ve gathered so far, please give us a call.
So, based on the criteria set out above, you could be compensated for neck injuries caused by employer negligence. Some scenarios of what this might mean include:
- If you injured your neck because you weren’t properly trained in manual handling techniques.
- Where your neck injury resulted after falling from scaffolding that had been poorly installed.
- If a leak from a faulty machine caused you to slip and sustain neck injuries like whiplash.
- Where you were struck by falling items that were not stacked safely.
- If working in a confined or uncomfortable position for prolonged periods led to a Repetitive Strain Injury (RSI).
This list doesn’t provide details of every possible type of accident at work that could cause a workplace neck injury. Therefore, even if your accident is not listed, please call our team and we’ll review your case for free.
The range of severity associated with workplace neck injuries can be huge. Some minor neck injuries will cause pain and discomfort for a few weeks or months. More serious injuries could result in life-long disabilities. That said, you could claim compensation for any type of workplace neck injury including:
- Soft tissue (tendons, muscles and ligaments) damage including whiplash.
- Cervical spondylosis.
- Prolapsed discs.
You could also be compensated if a pre-existing neck condition is made worse by your working conditions or an accident at work.
The most serious neck injuries at work can result in damage to the spinal cord. In turn, this can lead to temporary or permanent paralysis. The different types of paralysis are:
- Monoplegia (affecting one arm or leg).
- Hemiplegia (affecting one side of the body).
- Paraplegia (where both legs are paralysed).
- Quadriplegia or tetraplegia (where both arms and legs are paralysed).
Any form of paralysis will have a massive impact on the victim’s life. Therefore, securing compensation to cover their care needs (amongst other things) is vital. Please call today if you or a loved one would like to discuss your options.
As well as claiming compensation for any pain and suffering (general damages), compensation for your neck injury at work can also help to recoup any costs you’ve incurred (special damages). Before filing your claim, your solicitor will review your case in detail to find out exactly how your workplace neck injury has affected you. They could then try to secure compensation to cover:
- The pain and suffering caused by your injuries.
- Any psychological impact such as anxiety, depression or distress, PTSD.
- The effect your neck injury at work has had on your social activities, hobbies or family life (loss of amenity).
- Care costs. This could cover the time a loved one takes to care for you or for a professional carer.
- Medical expenses including private physiotherapy or treatment.
- Travel costs like fuel, parking or public transport fares when attending hospital for example.
- Loss of earnings. For more serious workplace neck injuries, this could cover any future loss of income resulting from your injuries.
- Household adaptations to try and improve your quality of life. This might include hoists, lifts or ramps for improving wheelchair access.
Any settlement will be based on the severity of your injuries and how long you’ve suffered. As a result, your injuries will need to be assessed by an independent medical expert. They will review your medical records, assess your injuries (over a period of time if necessary) and discuss how you’ve been affected. They’ll then explain your prognosis in a report for all parties involved in your claim.
As we’ve described already, neck injuries at work can range in severity quite dramatically. Therefore, it’s not really possible to say what settlement you could be awarded if your claim is successful until your solicitor has received evidence and medical reports about your injuries. However, we’ve added some average compensation amounts (for general damages) below to provide some idea.
- Up to £7,890 compensation for a minor neck injury at work.
- £7,890 – £38,490 compensation for moderate neck injuries at work.
- £45,470 – £148,330 compensation for a severe neck injury at work.
These amounts should be used for guidance at this point as any settlement you receive could be higher or lower.
As you might know already, there is a 3-year time limit for personal injury claims. If you injured your neck during an accident at work, the limitation will usually begin from the date it happened. Where your claim is based on an RSI injury or similar where the injury wasn’t diagnosed until a later date, your time limit will begin from when your doctor diagnosed the injury.
Claiming sooner rather than later can:
- Make it easier to secure evidence to support your claim.
- Allow your solicitor to secure interim payments to pay for a carer or to cover loss of income while you’re injured.
Claims can be settled in around 6 to 9 months if they are straightforward. However, they might take a year or more if extra investigation is needed to fully understand how your injuries will affect you.
Many claimants worry about the implications of suing their employer after being injured at work. However, so long as your claim is honest, your employer can’t fire you, discipline you or take any action against you. If they were to single you out negatively in any way because of your claim, you might be able to claim for unfair or constructive dismissal in addition to your neck injury claim.
We can help you start the neck injury at work claims process if you or a loved one has suffered a neck injury at work. The easiest way to begin your claim is to call us on 0800 6524 881 for a free assessment of your options. If you qualify we could pass your case on to one of our personal injury solicitors who’ll work for you on a No Win No Fee basis.
If you would like to discuss with a solicitor how much compensation for a neck injury at work you could claim, please get in touch today.