You may be interested in learning when you could make a back injury at work claim; if so, this guide could help. Following employer negligence, you could suffer injuries that leave a lasting effect on your life moving forward.
Back injury at work claim guide
Within this guide, we will discuss some of the circumstances that could lead to an accident at work claim and the steps you can take to support and prove your claim.
Furthermore, this guide looks at examples of compensation for an injury at work, which can help you ascertain what your injuries may be worth. Additionally, you can see what time limitations are in place and how claiming with legal representation could strengthen your claim.
Continue reading to learn more about making a back injury at work claim. Alternatively, our advisors are available to offer you free legal advice at any time that suits you. Our contact details are as follows:
- Call 0800 408 7827
- Contact us online
- Use the live chat to message us directly
Choose A Section or Browse Our Guide
- When Are You Eligible To Make A Back Injury At Work Claim?
- How Could A Back Injury At Work Be Caused By Employer Negligence?
- How Much Compensation For A Back Injury?
- Potential Evidence That Could Help When Making Back Injury Claims
- Make A No Win No Fee Claim Using Our Panel Of Solicitors
- Read More About Making A Back Injury At Work Claim
When Are You Eligible To Make A Back Injury At Work Claim?
As with all personal injury claims, the following must be proven to seek a settlement:
- A third party owed you a duty of care
- This duty of care was breached
- Your injuries were caused by an accident that occurred as a result of the breach
In the workplace, your employer owes you a duty of care. The Health and Safety at Work etc. Act 1974 states that this means taking all reasonable steps to prevent accidents. If your employer breaches this duty of care and you sustain injuries as a result, you could make a back injury at work claim.
How Could A Back Injury At Work Be Caused By Employer Negligence?
There are many circumstances that could lead to a back injury at work claim. For example:
- Your employer doesn’t provide you with the necessary training in order to do your job safely. As a result, you are thrown from factory machinery after using it incorrectly, causing a serious spinal injury.
- You weren’t provided with personal protective equipment, which is necessary for your work environment. For example, without reflective clothing, the operator of an approaching vehicle in a factory does not see you and collides with you as a result. This means that you suffer a torn tendon in your back as well as a broken hip.
- Walkways at the office are cluttered with objects and not signposted, meaning that you slip or trip and fracture your vertebrae.
The above list isn’t extensive, and you may have suffered through other circumstances. You can contact our advisors today for further information on suing for negligence through a back injury at work claim.
How Long Do You Have To Claim For A Back Injury At Work?
The Limitation Act 1980 states that you must start the claims process within three years. This is a general time limitation, and some exceptions might apply depending on the specific circumstances of your claim.
For example, if you’re under the age of 18 when you were injured, the time limit remains frozen until you become of age. However, a litigation friend can be appointed at any time to seek compensation on the injured person’s behalf.
There are similar exceptions if the injured person lacks the mental capacity to claim. In these circumstances, the time limit remains frozen unless the person recovers, but a litigation friend can claim on their behalf at any time.
Call our advisors using the banner above to see if you are within the time limit to sue your employer. Alternatively, see below for a discussion on calculating compensation for a back injury at work claim.
How Much Compensation For A Back Injury?
You can seek compensation through general damages for the physical and psychological injuries you sustained through employer negligence. Legal professionals use a tool called the Judicial College Guidelines (JCG) to calculate general damages for various personal injury claims. This publication displays compensation brackets for injuries caused by third-party negligence.
Below you can see examples from the JCG. However, these figures are a guideline and don’t represent compensation guarantees. For a personalised estimation of your injuries, call our advisors using the banner above.
Compensation Guidelines
| Injury | Compensation |
|---|---|
| Severe Back Injury (a) (i) | £91,090 to £160,980 |
| Severe Back Injury (a) (ii) | £74,160 to £88,430 |
| Severe Back Injury (a) (iii) | £38,780 to £69,730 |
| Moderate Back Injury (b) (i) | £27,760 to £38,780 |
| Moderate Back Injury (b) (ii) | £12,510 to £27,760 |
| Minor Back Injury (c) (i) | £7,890 to £12,510 |
| Minor Back Injury (c) (ii) | £4,350 to £7,890 |
| Minor Back Injury (c) (iii) | £2,450 to £4,350 |
| Minor Back Injury (c) (iv) | Up to £2,450 |
Claiming Special Damages In A Back Injury Claim
Special damages allow you to seek reimbursement for financial losses caused by an accident that resulted in injuries. This could include loss of earnings, travel costs and medical bills.
Providing evidence of financial losses is important in order to receive compensation. This can be in the form of bank statements, pay slips, receipts and prescriptions, for example.
If you have concerns about the process of collecting evidence, contact our team today. If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
Potential Evidence That Could Help When Making Back Injury Claims
Evidence can be useful in a back injury at work claim. Some of these include:
- CCTV footage of the accident
- Photographs of where the accident took place and of your injuries
- Medical evidence, including doctors’ reports and copies of scans
- A copy of the report from the accident at work book
You may also find it useful to consult a legal professional for advice on approaching your claim. Our advisors can help with any queries you may have about the legal process and can help you source legal representation.
Make A No Win No Fee Claim Using Our Panel Of Solicitors
You may be interested in working with a solicitor for your claim but worry about the costs of legal representation. Our panel of solicitors can work with you through a Conditional Fee Agreement (CFA).
A CFA is a type of No Win No Fee agreement in which you aren’t generally required to pay solicitor fees upfront, during your claim or if your claim ends unsuccessfully. In the event that you are awarded compensation at the end of your claim, a success fee will be deducted from your award. This fee is capped by law to ensure you keep the majority of the payout.
Our advisors can connect you with a No Win No Fee solicitor from our panel if your claim holds a chance of success. To see if you could start a back injury at work claim, get in touch today.
- Call us at 0800 408 7827
- Request a callback through our contact us page
- Send us a message through the live chat
Read More About Making A Back Injury At Work Claim
Below, you can find further reading through our other personal injury guides.
Additionally, you can use the following resources to help.
- Health and Safety Executive – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
- Health and Safety Executive – Manual Handling at Work
- NHS – First aid
If you have any more questions about making a back injury at work claim, please get in touch.
Article by Jes
Edited by Fer