Back Injury Claims

Back injuries are a common type of injury, but they can also be some of the most painful. Even minor back injuries can make it difficult for you to move about, and you might also be in pain when lying down.

A back injury can significantly impact your life, affecting your mobility, ability to work, and overall quality of life. This is hard enough to cope with under normal circumstances, but if your injury was someone else’s fault, then it can feel especially unfair.

Rehabilitation and recovery are essential processes for you to regain your independence and function following a back injury. Compensation can play a crucial role in supporting these efforts by providing access to necessary resources and treatments.

These resources may include:

• Cost of rehabilitation services: Compensation can cover the cost of physical therapy, occupational therapy, and psychological support services, which can be expensive.
• Transportation costs: Compensation can help cover the cost of transportation to and from rehabilitation appointments.
• Loss of earnings: Compensation can help replace lost wages or income due to your inability to work or reduced work capacity.
• Home modifications: Compensation may cover the cost of home modifications to make your living environment safer and more accessible for individuals with back injuries.

Navigating the legal process of making a compensation claim can be complex. It is advisable to seek legal advice from a personal injury solicitor specialising in back injury claims. An experienced solicitor can guide you through the process, protect your rights, and ensure you receive the fair compensation you deserve.

The first step to making a back injury claim is to find out whether you have a case. You can do this by calling for free on 0800 234 6438. Your call will be taken by a trained legal adviser, and they’ll have the expertise to be able to let you know whether they think you can claim.

After your conversation with an adviser, there’s no obligation to take it any further – in fact, you might just want answers to your questions and nothing more. But if you do decide you’d like to go ahead, they’ll be able to find the right solicitor for your case and can put you in touch with them straight away.

Your solicitor will look at the impact your injury has had on your finances and your day-to-day life, and will work hard to get you the full amount of compensation you’re owed.

Back injuries are quite common at work – especially if your job involves heavy lifting, repetitive strenuous movements, or using vibrating machinery such as in factories or construction.

All employers have a duty of care under the Management of Health and Safety at Work Regulations 1999 to try to keep their staff safe from back injuries. As part of this, they have to make sure you’re given the training, equipment and supervision you need to be able to carry out your job safely. They should also complete regular risk assessments to make sure the right precautions are being taken and should make it a requirement of your role that you do a task if this is likely to exacerbate an existing injury.

If you’ve been injured at work because your employer hasn’t followed health and safety rules, then it’s likely you can ask for help to make a compensation claim.

You might feel nervous about making a claim against your employer, but there’s no need to worry. It’s against the law for you to be dismissed or treated differently as a result of your claim. And your compensation will be covered by their insurance policy (called Employers’ Liability Insurance), so you can feel sure they won’t be left with a bill they can’t afford.

If you’ve suffered a back injury, it’s important to know your legal rights and options. You should have clear information so you can make the best decision for yourself.

• Legal right to claim: If your injury was caused by someone else’s actions or negligence, you may have the right to claim compensation. This can help cover medical costs, lost wages, and other expenses.
• Understanding time limits: There’s a time limit for making claims, usually three years from the injury or when you first realised it was serious. It’s important to keep this in mind.
• Exploring options: You can choose to handle the claim yourself or get help from a solicitor. We can partner you with a specialist personal injury solicitor who will represent you on a ‘no win no fee‘* basis, meaning pursuing a claim won’t cost you a penny, and you only pay your legal fees if your claim is successful.
• Settlements: Most cases are settled outside of court, which can be a quicker, less stressful option.

Remember, it’s up to you to decide if you want to make a claim. Our goal is to give you the information you need to make a choice that’s right for you.

Back injuries can vary greatly in severity and long-term impact. Some of the more common types of back injury and spinal injury include:

• Strains and sprains: Often occurring from lifting heavy objects or sudden movements, these injuries involve stretching or tearing of muscles and ligaments. Symptoms include pain, swelling, and difficulty moving. While they generally heal with rest and physical therapy, chronic pain can sometimes develop. They’re usually a more minor type of back injury, but can still cause difficulty moving and standing.
• Lumbar spine trauma (lower back pain): This is a relatively common type of back injury, and can be categorised as a fracture, herniation, sprain or strain.
• Spinal injuries: these can be very serious, with potentially life-changing consequences. Because of the importance of the spinal cord, damage can cause paralysis in severe cases.
• Brachial plexus injury (Parsonage Turner Syndrome): this affects the network of nerves between your shoulders, and can cause discomfort, numbness and tingling.

Chronic back pain: This is pain that persists for 12 weeks or longer. It can result from an initial injury or an ongoing cause. Treatment involves a combination of medication, physical therapy, and lifestyle changes.

Understanding the type of back injury you have is essential in seeking the right treatment and managing long-term impacts. Each injury type has unique symptoms and requires specific medical attention, which can influence the nature of any legal claim you might consider.

Back injuries can happen in different ways, especially in places like work, during accidents, or because of medical mistakes. For example:

• Heavy lifting: Many back injuries occur in jobs requiring lifting heavy objects, leading to strains or sprains.
• Repetitive motions: Jobs that involve repetitive bending, twisting, or lifting can strain the back over time.
• Poor ergonomics: Sitting or standing in the same position for long periods, especially with poor posture, can cause chronic back pain.
• Vibration: Operating heavy machinery that vibrates, like in construction, can lead to back injuries.

• Road traffic accidents: The impact from car crashes can cause whiplash or spinal injuries.
• Slips, trips and falls in public places can cause back injuries if spillages or objects aren’t cleared up quickly or signposted. Slipping or tripping, especially from heights, can result in serious back injuries like fractures.
• Sports injuries: High-impact sports or activities without proper equipment or training can lead to back injuries.

• Misdiagnosis: Delayed diagnosis or failing to correctly diagnose a back problem can lead to worsening of the condition.
• Surgical errors: Mistakes during spinal surgery can result in severe complications.
• Improper treatment: Inadequate or incorrect treatment for back injuries can lead to chronic pain or disability.

If a health practitioner failed to diagnose or treat your back problem correctly and this has led to ongoing problems, a more serious injury or even a permanent disability, then you could make a medical negligence claim.

The legal process for back injury claims can be complex and time-consuming. Seeking legal advice and representation from an experienced solicitor can significantly increase your chances of success and ensure you receive the fair compensation you deserve. The process for claiming compensation for a personal injury can look like:

Your first priority should be to seek medical attention for your back injury. This will help to document the severity of your injury and its potential causes. Keep copies of all medical records related to your injury.

Immediately report your back injury to your employer, either verbally or in writing. This is important for establishing a record of the incident and demonstrating your injury is work-related.

Collect any evidence that supports your claim, such as:

• Accident reports or incident logs
• Witness statements from anyone who saw the accident or its aftermath
• Photos of the accident scene or your injuries
• Documentation of your lost wages or other expenses due to the injury

It’s advisable to consult with a personal injury solicitor specialising in back injury claims. They can assess your case, guide you through the legal process, and protect your rights. They’ll help you make your personal injury claim and seek the maximum compensation for a back or spinal injury for you. They’ll negotiate on your behalf or represent you in court proceedings if necessary.

We can’t tell you exactly how much compensation you could receive for you back and spinal injuries. Each compensation award is specific to each claimant’s particular situation. However, for a rough estimate, you can try our free compensation calculator to get a guideline figure.

Or when you speak to a solicitor, they’ll ask you a few questions about your injury so they can get a clear understanding of how it’s affected your life. Based on this, they’ll then work out the amount of compensation you’re likely to be owed.

The amount of compensation you can claim for a back injury at work depends on the severity of your injury and the impact it has had on your life. The Judicial College Guidelines set out the compensation amounts for different types of back injuries. These guidelines are used by judges when assessing compensation claims.

• Minor back injury, recovering within three months – £2,450 – £9,970
• Minor back injury, recovering within two to five years – £7,890 – £12,510
• Moderate back injury – £12,510 – £27,770
• Severe back injury – £38,780 – £128,320

In the UK, the statute of limitations for filing a back injury claim is generally three years. This means you have three years from the date of your injury or from the date you discovered your injury to file a claim for compensation. If you do not file your claim within this time limit, you will generally be barred from doing so, even if you have a valid claim.

There are a few exceptions to the three-year time limit. These exceptions are typically based on the following factors:

• Age of the claimant: If you or the claimant you’re representing were under the age of 18 when the injury occurred, the time limit does not start to run until the claimant turns 18.
• Mental capacity of the claimant: If the claimant was not mentally capable of understanding their legal rights at the time of the injury, the time limit may be extended.
• Fraud or concealment: If the defendant fraudulently concealed the injury from the claimant, the time limit may be extended.

You may have heard that you have just three years from the date of your accident to bring a compensation claim. However, if you are in an accident and your back injuries only become apparent months or even years later don’t worry – an adult actually has three years from when their injuries manifest themselves to bring a claim.

That means, if you had an accident earlier in your career, but the impact of it only becomes apparent later in life, you may be able to make a claim.

If you’re claiming on behalf of a child you have until they are 18 to start a compensation claim (or they can make a claim themselves after they turn 18, but before their 21st birthday), although we recommend that you contact a solicitor to get the ball rolling as soon as possible. This is because evidence to support your claim will be more readily available and people will be able to recall the accidently more confidently.

Don’t let back injury derail your life. Countless individuals have successfully pursued back injury compensation claims and have received the compensation they deserve.

Take the first step towards justice and recovery by seeking legal advice and considering your options for making a back injury claim. Call 0800 234 6438 for free today and speak to a trained legal adviser, and get the ball rolling on claiming the compensation you’re entitled to.

In a back injury compensation claim, you can seek compensation for a range of expenses and impacts. This includes:

• All medical and rehabilitation costs, from initial treatment to any ongoing therapies.
• You can also claim for lost earnings if the injury has kept you from working, both current and future losses.
• Compensation for pain and suffering covers the physical and emotional distress caused by the injury.
• Additionally, if the injury leads to lifestyle changes or requires home modifications, these costs can be included.
• Finally, any other financial losses directly related to the injury, such as travel expenses for medical appointments, are also claimable.

While hiring a solicitor for a back injury claim isn’t mandatory, it’s often beneficial. A solicitor specialising in back injury claims can guide you through the complex legal process, ensuring all necessary paperwork and evidence are properly handled. They can also negotiate with insurance companies or responsible parties to maximise your injury compensation payouts.

Additionally, a back injury solicitor can help you understand the legalities of your claim, advise on the likelihood of success, and represent you in court if needed. Their expertise can be invaluable in navigating the intricacies of personal injury law and increasing the chances of a favourable outcome.

If you’re partly at fault for your back injury, you can still pursue a compensation claim, although it might be more complex. This concept, known as ‘contributory negligence,’ means the compensation you receive could be adjusted to reflect your part in the accident.

For instance, if you’re found to be 30% responsible for your injury, your compensation might be reduced by 30%.

Yes, you can include psychological effects such as depression or anxiety in your back injury claim if they are a direct result of the injury. Recognising the mental and emotional impact of physical injuries is an essential aspect of personal injury claims.

The compensation can cover treatment costs for psychological counseling, loss of enjoyment in life, and the overall emotional distress caused by the injury.

If you sustained your back injury because you were the victim of a violent crime you might be able to claim compensation for physical and mental injuries, loss of earnings and expenses from the Criminal Injuries Compensation Authority (CICA)*.

The incident must have happened in England, Wales or Scotland and you must have reported it to the police.

For the claim to be successful, you need to make a claim within two years of the incident and you need to provide CICA with the following details:

• The date and location of the crime
• The name of the police station where the crime was reported
• Your crime reference number
• Your GP’s name and address
• Details of any previous applications you’ve made to CICA
• Details of any unspent criminal convictions
• Proof of identity for you or anyone you’re responsible for

Most compensation claims for back injuries will require you to be examined by an independent medical expert who will prepare an official report on your injuries. The expert will examine your back and may wish to examine your hospital and GP records and any records relating to your injury. If you injury is serious, they may wish to view your occupational health and personnel records too to determine whether you had any relevant health issues before the accident.

This is so that they can give a fair assessment of the impact of your injuries, to support your compensation claim, and is routine in most personal injury cases. While we know the idea of another medical examination can seem tiresome or daunting, it really is nothing to worry about and in fact can help with your recovery.

Your official report will outline a lot of information about your injury, including:

• The injuries you’ve sustained
• Their impact
• If further treatment or rehabilitation is required
• Any specialist treatment you should get
• Any psychological damage caused by your injury
• Any financial losses

Companies and local authorities have a duty of care to their visitors and people using their facilities. Part of this is taking steps to minimise any risks to them and ensure the public are safe throughout their visit.

Therefore, if you are injured in a public place because faulty equipment has not been repaired, or the surroundings have not been properly maintained or vetted for risks to you, then you could make a public liability compensation claims for your injuries. Some examples of this are:

• Falling over an embankment because the safety railings weren’t secure
• Slipping on a wet floor that didn’t have warning signs or hadn’t been cleaned up properly or quickly
• Being injured by accessible machinery or equipment