If you have suffered a back injury at work and feel your employer may have been at fault, you could be entitled to make a no win no fee work accident claim
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Back Injury at Work Claims
If you’ve suffered a back injury in the workplace because your employer failed to ensure a safe environment, you may be eligible for compensation. A back injury at work claim can cover your pain, suffering, lost wages, treatments and any other related expenses.
Back injuries at work can happen in many ways, including slips, trips and falls, manual handling accidents and even poor sitting positions. Injuries can range from minor sprains and soft tissue injuries to more serious conditions such as slipped discs, fractures and paralysis.
A specialist personal injury solicitor can assess your case and help you claim compensation on a no win no fee basis. To find out if you have a valid back injury claim, enter your details into our online claim form or call 0800 470 0472 to speak to a friendly legal adviser.
Key points about back injury at work claims
- Eligibility: You may be entitled to claim if you suffered a back injury at work due to lifting, poor posture, lack of training or unsafe conditions.
- Employer Responsibility: Employers must take steps to prevent back injuries, such as proper manual handling training and safety equipment.
- Time Limit: The usual deadline to start a claim is 3 years from the accident or date of diagnosis.
- Compensation: Depends on the severity of the injury and may cover pain, lost wages, and long-term health consequences.
- No Win, No Fee: Your solicitor will pursue your claim on a no win, no fee basis, which means you won’t pay a penny unless the case is successful.
Table of Contents
Can I make a back injury at work claim?
Yes, if you suffered a workplace back injury, you may be able to claim compensation. Employers have a legal duty to protect the health and safety of their employees and could be liable for compensation if you suffer a back injury at work.
To have a valid back injury claim, the following must be proven:
- Your employer or another party breached their legal duties towards you.
- This has led to unsafe work conditions or an accident.
- You suffered a back injury and financial losses as a result.
- You are within the legal time limit for starting a claim (usually 3 years).
An experienced personal injury solicitor can confirm your eligibility within minutes following a free case assessment.
What responsibilities does my employer have to prevent back injuries?
Employers must take all reasonable measures to protect the health and safety of employees and prevent workplace injuries. Their duties are dictated by several pieces of legislation, including:
- The Health and Safety at Work Act 1974.
- The Work at Height Regulations 2005.
- The Manual Handling Regulations 1992.
- The Personal Protective Equipment at Work Regulations 1992.
These laws state that employers could be held liable if you suffer a back injury as a result of their failure to:
- Carry out regular risk assessments and minimise risks.
- Provide adequate health and safety training and supervision.
- Ensure that all equipment and machinery are in good working order.
- Provide suitable and free-of-charge personal protective equipment (PPE).
- Ensure good housekeeping and a safe working environment.
- Provide adequate protection against falling objects.
What should employers do to prevent back injuries caused by manual handling?
To prevent back injuries arising from manual handling, employers should:
- Avoid manual handling wherever reasonably possible.
- Adapt the work to the individual based on their age and physical condition.
- Provide lifting aids whenever manual handling is necessary.
- Repack heavy loads into smaller packages.
- Redesign the workspace to reduce bending, twisting and carrying distances.
- Remove the need to lift loads from floor level or above shoulder height.
- Provide adequate rest breaks and job rotation.
If you hurt your back at work because your employer breached any of their duties, you may be able to make a claim for compensation.
What is the time limit to make a claim for a back injury at work?
According to the Limitation Act 1980, there is a 3-year time limit to start your claim from the date of the accident, with a few exceptions:
- If the back injury developed over time, the three-year time limit to claim starts on the date your injury was diagnosed and linked to negligence.
- If you were under 18 at the time of injury, a back injury compensation claim can be made at any point before your 21st birthday.
- If you lack the mental capacity to conduct legal proceedings, the limitation period is suspended, and a litigation friend could claim on your behalf at any time.
What should I do if I suffer a back injury at work?
If you suffer a back injury at work, you should seek legal advice as soon as possible. An experienced workplace accident solicitor will assess your case and determine whether you can make a personal injury claim.
If you can proceed, they will guide you through the back injury claims process and help you gather the evidence you need to support your claim, including:
- Medical reports confirming your diagnosis, treatment and prognosis.
- Photographs of the accident scene or workplace hazards that caused the injury.
- Photographs of any visible injuries and damage to your personal items.
- CCTV footage of your accident, if available.
- Statements from your co-workers about your working conditions or the accident.
- Statements from relatives and friends about how your back injury affected you.
- A copy of an accident report filed with your employer.
- Workplace documentation and occupational health reports.
- Proof of lost wages and any other financial expenses you incurred.
Once you have all the relevant evidence, your solicitor will send a letter of claim to your employer and negotiate a suitable compensation award with their insurance provider.
How much compensation could I receive for a back injury at work claim?
There is no set amount of compensation for a back injury. The awarded payment will depend on the extent of the injury and its impact on your life, and will cover two types of damages:
Special damages are awarded for any related financial losses and expenses, including:
- Medical costs like consultation fees, prescriptions and physical therapy.
- Lost wages during recovery and loss of earning capacity.
- Home or vehicle adaptations to accommodate a disability.
- Costs of care and assistance during recovery.
- Any other reasonable financial losses or expenses incurred due to the injury.
General damages are awarded for the physical injury and how this affected your day-to-day life, taking into account:
- Physical pain and disability.
- Mental anguish and emotional trauma.
- Reduced quality of life.
- Loss of amenities and the ability to engage in social events.
Examples of compensation amounts for back injuries at work
According to figures from the Judicial College Guidelines, 18th Edition, you could receive the following compensation awards depending on the type and severity of your injuries and your specific circumstances:
| Injury Type | Description | Compensation |
|---|---|---|
| Back Injuries | A severe back injury with spinal cord and nerve root damage, causing pain, disability and bladder, bowel and sexual impairment | £120,000 - £213,000 |
| Back injuries causing chronic conditions and permanent disabilities | £51,000 - £92,000 | |
| A moderate back injury causing constant pain, discomfort and substantial osteoarthritis risk | £37,000 - £51,000 | |
| A moderate back injury with ongoing pain and disruption to everyday life | £17,000 - £37,000 | |
| A minor back injury recovering fully within 2-5 years | £10,000 - £17,000 | |
| A minor back injury recovering fully within 1-2 years | £5,800 - £10,000 | |
| A minor back injury recovering fully within 3-12 months | £3,200 - £5,800 | |
| A minor back injury recovering fully within 3 months | Up to £3,200 |
Can I claim compensation for a back injury on a No Win No Fee basis?
If you have valid grounds to make an accident at work claim for a back injury, your solicitor will offer you a no win no fee* agreement. This is the preferred way to fund a claim, because:
- You can take legal action regardless of your financial situation.
- You do not have to pay any upfront fees to start your claim.
- You do not have to pay your solicitor at all if your case fails.
Your solicitor will only deduct a success fee from your compensation if your claim is successful. This is agreed upon from the beginning and is currently capped at 25% of certain parts of your compensation.
What are the most common causes of back injuries at work?
Back injuries at work can be caused by a wide range of poor practices or traumatic accidents. The most common causes leading to back injury at work compensation claims include:
Regardless of how you suffered back pain at work, if another party caused it by acting negligently, you might be entitled to compensation for your pain, suffering and financial losses.
What type of back injuries in the workplace could I claim compensation for?
The most common types of back injuries at work for which you may be entitled to claim compensation include:
Strains occur when you twist or pull a tendon or muscle in your back, while sprains occur when ligaments are torn from their attachments. Both injuries can be debilitating and cause symptoms such as back pain, stiffness, muscle spasms and restricted mobility.
Common symptoms of sciatica include muscle weakness, tingling, and burning sensations down the back of the leg. In severe cases, it may cause the loss of bladder and bowel control.
Occupations that are at high risk for slipped disc injuries include construction and factory workers, lorry and truck drivers, warehouse workers and landscape gardeners. The symptoms can be debilitating and include pain in the arms or legs, weakness, numbness and tingling.
Other common symptoms of vertebral fractures include painful breathing, numbness, and weakness. Depending on the severity of your injury, it may be treated with bracing for 6 to 12 weeks, or you may require surgical intervention.
If major nerves are damaged, your injury can permanently affect your mobility, respiratory system and bodily functions such as bladder and bowel control.
If the spinal cord is not entirely severed in the accident, you may recover some motor or sensory functions. A complete spinal cord injury will usually cause total loss of function below the injured site, resulting in tetraplegia, triplegia or paraplegia.
Can I still claim compensation if I had a pre-existing back injury?
Yes. You may still be able to claim compensation if a workplace accident made a pre-existing back condition worse. Even if you were more vulnerable to injury, you can still claim if your employer or another party’s negligence caused the accident.
In these cases, the eggshell skull principle of law applies. This means the defendant is legally responsible for the full extent of the injury, even if a pre-existing condition made the damage more severe than expected.
Your solicitor will gather medical evidence showing the condition of your back before and after the accident, including treatment records and expert medical reports. You may also need a doctor’s opinion confirming that the accident aggravated your existing injury.
You should always be honest about any pre-existing injuries, as failing to disclose them could undermine your claim if inconsistencies are found in your medical records.
If you suffered a back injury at work, call 0800 470 0472 or request a call back for a free consultation with a legal adviser. They can let you know if you are eligible to claim against your employer and answer any questions you may have.
