Any injury to your back can have very significant impacts on your mobility and potentially lifelong consequences. We expect to be safe and healthy while carrying out our work duties but when your employer does not take the right precautions, serious incidents can occur. So, we’ve created this handy guide on how to sue for a back injury at work.

How To Sue’s panel of solicitors have combined decades of experience in handling accident at work claims just like yours. Whether it’s assisting you with collecting evidence or helping break down the legal language barrier, our panel of experts can support your personal injury claim from start to finish. 

Our panel of experts operate on a strictly No Win No Fee basis and it costs nothing to find out if you could make a claim so get in touch with our friendly advisors today using the contact information provided here:

Select A Section

1. How To Sue For A Back Injury At Work
2. How Might Negligence Lead To A Workplace Back Injury?
3. What Compensation Could I Get For An Injured Back At Work?
4. How Long Will I Have To Sue For An Injured Back At Work?
5. How Can I Prove My Back Injury Was My Employer’s Fault?
6. Will I Be Fired For Suing My Employer For A Back Injury?
7. How To Sue For A Back Injury At Work With A No Win No Fee Solicitor
8. Learn More

How To Sue For A Back Injury At Work

You can sue for a back injury at work if it can be shown that your employer failed to take the reasonable steps required to ensure your safety under the Health and Safety at Work etc Act 1974. This is a legal responsibility for employee safety, known as a duty of care.

As the required safety standards will vary between workplaces, what amounts to “reasonable steps” will also be different. To help employers meet their legal obligations effectively, the Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, publishes guidance on a range of topics, including the safe use of equipment and machinery and preventing musculoskeletal disorders.

We’ll examine some specific examples in the next section. For now, the general eligibility requirements have been given here:

1. You were owed a duty of care by your employer.
2. This duty was breached, resulting in an accident.
3. This accident caused you physical harm, psychological distress or both.

To get a free eligibility assessment or for answers to any questions you might have, speak to our advisors today via the contact information given below.

How Might Negligence Lead To A Workplace Back Injury?

There are several ways negligence can lead to a workplace back injury including, but not limited to, a lack of training, substandard protective clothing, machine failures and vehicle-related accidents.

We have given a few more detailed examples here:

• Poor manual handling training led to you attempting to lift a box of goods that was much too heavy. Multiple vertebral discs slipped, leaving you in considerable pain.
• Inadequate maintenance inspections resulted in a fault with a pallet wrapping machine being missed. While you were inspecting a pallet, the machine arm swung free and hit you in the back, causing serious soft tissue damage.
• A badly designed yard meant delivery drivers had to reverse for long distances around tight bends. You were hit by a delivery truck while returning to your workstation, suffering serious spinal damage and leaving you paralysed.

Of course other accidents that lead to back injuries could occur so don’t worry if your particular accident isn’t given above. You can find out more about how to sue for an accident at work in your specific circumstances by speaking to one of our friendly advisors. 

What Compensation Could I Get For An Injured Back At Work?

Compensation for an injured back at work can be worth thousands, especially if the injuries affect your mobility and daily life. Spinal injuries can require substantial care, as well as potential modifications to the home to help you cope with your injuries.

Any compensation that is paid out will need to reflect these circumstances. With that in mind, there are two different heads of claim this compensation may be paid out under:

• The physical damage to your back as well as any psychiatric injuries, are compensated as general damages.
• Any costs stemming from that harm may be reimbursed as part of your special damages. These costs will be examined properly in the next section.

Compensation Table

This table is intended to be used as a guide. The guideline compensation brackets come from a document called the Judicial College Guidelines (JCG), which is used to value personal injury claims in England and Wales. However, the non-bracket figure in the top row was not taken from the JCG and is provided to show you how compensation can be awarded for multiple injuries and related expenses. 

Speak to our advisors to learn more about compensation in your particular circumstances. 

Type of Injury	Severity	Guideline Payout Figure
Multiple Very Serious Injuries with Special Damages including lost earnings, medical bills and travel expenses.	Very Serious	Up to or more than £750,000
Back Injuries	Severe (a)(i) - Damage to Spinal Cord and Nerve Roots	£111,150 to £196,450
	Severe (a)(ii) - Significant Complications including Impaired Bladder Function and Mobility	£90,510 to £107,910
	Severe (a)(iii) - Disc Lesions, Fractures and Soft Tissue Damage leading to Chronic Conditions	£47,320 to £85,100
	Moderate (b)(i) - Residual Disabilities Less than Above	£33,880 to £47,320
	Moderate (b)(ii) - Disturbance of Ligaments and Acceleration of Existing Conditions	£15,260 to £33,880
	Minor (c)(i) - Full Recovery in 2 to 5 years.	£9,630 to £15,260
	Minor (c)(ii) - Full Recovery without Surgery in 1 to 2 Years	£5,310 to £9,630
	Minor (c)(iii) - Full Recovery within 3 Months to 1 Year	£2,990 to £5,310
	Minor (c)(iv) - Full Recovery within 3 Months	Up to £2,990

How Is Back Injury At Work Compensation Calculated?

Your back injury at work compensation will take into account any financial losses as part of your overall compensation amount. These losses are reimbursed under special damages, the second of the two heads of claim.

It is worth mentioning that this head of claim covers both past and future losses and it is therefore likely that these payouts will be much higher than corresponding general damages.

Examples of these costs can include:

• A loss of earnings for any time taken off work.
• You may also receive compensation for a loss of future earnings if you cannot work at all, or need to return in a reduced capacity.
• Medical expenses such as your prescriptions, counselling sessions or private healthcare.
• Your home might need accessibility installations such as a stairlift, additional handrails or a walk in shower if your mobility has been reduced.
• Domestic care and support in relation to childcare, gardening, preparing meals and cleaning tasks if you can’t do these on your own.
• Travel costs such as to and from your hospital appointments or your place of work.

Make sure you keep hold of any receipts, bills and other documents as proof of these losses. You can learn more about how our panel of personal injury solicitors could help you claim compensation for your particular accident by speaking with our advisors today.

How Long Will I Have To Sue For An Injured Back At Work?

You will typically have 3 years to sue for back injury at work, counted from the date the accident occurred. This time limit is set in law by the Limitation Act 1980, however some exceptions can be granted if particular circumstances arise.

Exceptions can be made if the injured person is:

• A minor who was under 18 at the time of the accident. The 3 year limitation period is paused until they reach maturity, giving them until they turn 21 to make their claim.
• An individual who does not have the capacity to claim for themselves. If someone cannot make their own claim, then the 3 years will be paused indefinitely.

In these circumstances, a litigation friend can be appointed. Litigation friends are granted decision making powers over a claim and are under strict conditions to act in the injured person’s best interests. While it is common to see parents or guardians take on this role, in reality, any adult who meets the suitability requirements could claim on behalf of another.

To learn more about the time limits, and find out more about how to sue for a back injury at work, get in touch with our advisors today. 

How Can I Prove My Back Injury Was My Employer’s Fault?

You can prove your back injury was your employer’s fault by providing a strong body of supporting evidence. Helping gather this evidence is one of the many ways the solicitors on our panel can support you during the claims process.

Potential evidence examples include:

• Medical records such as X-rays, other scans and any examination notes are very useful for showing what harm has been sustained.
• CCTV footage of the accident taking place can be requested.
• Photograph your injuries, the cause of the accident and immediate scene.
• Any employer hiring 10 or more persons must keep an accident book on site. You can take a copy of your particular incident report.
• Records such as training or maintenance documents can help show where relevant health and safety tasks were not completed.
• Your colleagues could provide a witness statement so make sure you hand over their contact details to the solicitor.

Talk to our advisory team today to ask any questions about gathering evidence, or find out if you are eligible to make a claim. You can reach us at any time using the contact information given below.

Will I Be Fired For Suing My Employer For A Back Injury?

No, you won’t be fired for suing your employer for a back injury. Protecting employees from workplace injuries is part of your employer’s legal duty of care, and it is your right to seek compensation when accidents arise.

If your employer does attempt to take disciplinary or dismissal action against you for making a compensation claim, seek appropriate legal advice immediately. You can find out more about your rights after an accident at work by talking to our advisors today. 

How To Sue For A Back Injury At Work With A No Win No Fee Solicitor

Here are just some of the services and support our panel of expert solicitors can provide:

• Assisting you with evidence collection and interviewing any witnesses.
• Referring you to the relevant medical professionals for any rehabilitation, surgery and other treatment you might require.
• Keeping you informed of how the case is developing and explaining all the technical legal jargon. You can also see our legal glossary for a quick jargon buster.
• Calculating an accurate compensation figure that reflects both your injuries and the impacts they’ve had on your daily life.
• Meeting with the defendant’s solicitors and negotiating a settlement sum on your behalf. The solicitor will also attend any dispute resolution sessions as required.
• Find the right barrister to present your case in court if the claim progresses to that stage.

It is worth mentioning that most personal injury matters can be resolved outside of court. However if a trial proves necessary in your particular circumstances, the legal experts on our panel will be with you every step of the way.

The panel of solicitors How To Sue works with can offer their services to eligible claimants under a Conditional Fee Agreement (CFA). This No Win No Fee contract means you won’t be paying any solicitor fees at the start of or during the claims process. You will also not pay any such fees if the claim is lost.

Under a CFA, the success fee is payable to your solicitor in the event the claim is won. It is taken from your compensation. As the maximum percentage that can be charged as a success fee is 25% per The Conditional Fee Agreements Order 2013, most of any payout will go directly to you. 

Contact Our Advisors

To learn more about making a claim, or to ask any questions about suing your employer, speak to a member of our advisory team today. How To Sue maintains a 24 hour advice line so you can reach a member of our team whenever it’s convenient. Talk to us today using the contact details provided here:

• Call an advisor on 0800 408 7827.
• Contact us online by completing a callback form.
• Open the live chat in the bottom left of your screen.

Learn More

You learn more about seeking compensation for an injury at work by reading some of our other claims guides:

• You can read our accident at work claims FAQ for answers to some common questions. 
• Find out how to sue a former employer after an accident at a previous job. 
• Read our guide on how to sue for emotional distress following an accident. 

These external resources have been included for additional information that you might find useful:

• The HSE has published this resource on managing sick leave and return to work for employers.
• Many serious incidents could be alleviated or prevented altogether if first aid is provided at the scene. 
• Injured persons who are off work for more than 3 consecutive days may be entitled to Statutory Sick Pay (SSP).

Thank you for reading this guide on how to sue for a back injury at work. We appreciate that there’s a lot of information here, and you probably have questions. Our advisors are available 24 hours a day, 7 days a week so whenever you get in touch with us, we’ll have someone on hand to help. Talk to us today via the contact information given above.