Back Injury at Work: Your Legal Rights and Compensation Options
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Understanding your legal rights after a back injury at work is important in helping you seek justice and secure the right level of compensation for your injuries. Making a legal claim can be intimidating, but by understanding what your options are, what evidence might be needed, and what support is available, you can get the most out of your back injury at work compensation claim.
I hurt my back at work, what should I do?
If you’ve suffered a back injury at work and it wasn’t your fault, there are several steps you’ll need to take. Here, we explain how to get the support you need after an accident.
Definition and examples of a back injury at work
As stated by NHS England, a back injury is a type of musculoskeletal condition. While some cases of back pain can be treated and recovered from, some back injury at work claims can be extremely serious and can have a life-long impact. Some common causes of back injuries in the workplace include:
Immediate steps after a back injury at work
Step 1: Seek medical attention. First and foremost, following a back injury at work, it’s important that you seek medical attention. Not all back injuries are immediately evident and what might seem like a minor injury can result in further problems later down the line. Getting checked out by a medical professional should be a priority after a back injury. Your medical records will also form part of your evidence if you choose to make a claim for back injury at work compensation.
Step 2: Report the incident. After a workplace accident, another important step is to make sure that you report the incident to your manager, or the relevant person in your workplace. Reporting the accident will enable an investigation to take place if necessary, and potentially prevent similar accidents from happening. Some workplace accidents will need to be reported by an employer under RIDDOR.
Step 3: Gather evidence. If you can, you should try to gather evidence after a workplace accident. If possible, take photographs showing where the accident took place and what caused your back injury. You should also make a note of what happened and when.
Step 4: Seek legal advice as soon as possible. At The Compensation Experts, we are partnered with personal injury solicitors who specialise in accidents at work and can help you recover the compensation you deserve. All the solicitors we work with work on a no win no fee basis*, so you don’t have to worry about any upfront costs.
*Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement.
Why it can be helpful to contact a solicitor
It’s not always clear who is liable for an accident at work, but a specialist solicitor will be able to tell you early on whether you have a valid claim.
If they think you have a claim, your solicitor will talk you through the next steps, including what evidence you should gather and what records you should keep as part of your claim for compensation.
The law around accident at work claims can be complex, but we work with a network of lawyers who specialise in employers’ liability claims and can help you build a successful case against your employer.
What are my legal rights after suffering a back injury at work?
Everyone has a right to be safe while at work. Under the Health and Safety at Work etc Act 1974, employers are responsible for “so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
If you’ve had a workplace accident because your employer has breached their duty to protect you, you have the right to make a claim for compensation.
Government help and benefits
For those who have been injured at work, there is government support available:
- Industrial Injuries Disablement Benefit (IIDB) – you could be eligible for IIDB if you become ill or disabled after an accident at work or while on an approved employment training scheme or course.
- Constant Attendance Allowance – this is for people who get IIDB or a War Disablement Pension and need daily care and attention because of a disability.
You can learn more about the full range of government benefits available here.
Why it is important to file a claim
A back injury at work can have a significant impact on you and your loved ones, and while compensation won’t change what has happened, it can help you in adjusting to life after injury.
It’s likely that you’ll need time off work while you recover, and depending on the severity of your injuries, you might need a programme of rehabilitation. In cases of catastrophic spinal injury, there could be additional considerations needed around adaptations and care needs. Making a claim can help ensure that you receive the support you need, not just from a financial point of view, but a good solicitor could also help arrange rehabilitation, as well as accommodation requirements.
Making a claim, where your accident is fully investigated, can also give you a sense of closure and feeling that justice has been done.
Specific scenarios
Back injuries at work can happen under various circumstances. Below we give some examples of specific scenarios where you could be eligible to make a claim:
- A construction worker falling from scaffolding.
Scaffolding accidents can happen when scaffolding collapses due to too much weight, substandard equipment, or if the scaffolding wasn’t erected properly. Accidents can also happen due to a lack of relevant training. Working at height can be dangerous but your employer should ensure that certain protections are put in place to keep employees and workers safe. If you’ve injured your back in a scaffolding fall, you could be eligible to claim back injury at work compensation.
- An office worker tripping on loose wires.
Slip, trip and fall accidents often happen in the workplace due to work equipment or wires left lying around. If your employer has failed to keep your workplace safe, you may be able to make a claim.
- A warehouse worker lifting large, heavy goods.
Manual handling accidents are a common cause of back injury in the workplace, sometimes causing a slipped disc from lifting heavy items without adequate training. If you suffered a back injury in similar circumstances, you could be eligible to claim compensation for your back injury.
Submitting a back injury at work claim
You might feel worried about making a claim against your employer, but our network of legal experts will support you throughout the process. Here, we outline the claims process and explain what to do to start your back injury at work claim with us.
The claim process overview
Step 1: Starting a back injury at work claim via The Compensation Experts is easy. Simply call our friendly agents on 0800 182 2189 or request a callback. We offer a free claim assessment to discuss your potential claim.
Step 2: Once we’ve completed the claim assessment and it’s successful, we can help you proceed with your back injury claim. Our UK customer care team will listen to and understand your situation before putting you in touch with an expert personal injury solicitor to progress your claim.
Step 3: Your solicitor will gather evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will either win the compensation you deserve, or you’ll pay nothing as per their No Win No Fee guarantee.*
*Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement.
Required proof and documents
The type of evidence needed will depend on the circumstances of your accident. However, it’s likely that your solicitor will request your medical records on your behalf, in order to prove the extent of your injuries. They might request CCTV footage if available and your legal team may also speak to any witnesses to the accident.
Your solicitor will gather the evidence needed to help prove your case, but you can help strengthen your claim by collecting as much evidence as possible and keeping clear records after the accident. It may be useful if you can:
- Take photographs of what caused the accident and of your injuries.
- Keep a note of what happened and when.
- Keep a note of any witness names and contact details.
- Keep a record of how your injuries have progressed, as well as any treatment you’ve received.
- Keep receipts for any expenses you’ve incurred because of the accident.
Claim submission timeline
In most cases, you will have three years to begin the personal injury claim process. This three-year period usually starts from the date you were injured. There are some exceptions, so please get in touch to discuss your claim.
Filing a claim for a loved one
It is possible to make a claim on behalf of a loved one, if the person who has suffered a back injury is unable to make their own claim. This often happens if the person injured is a child, or in cases where someone lacks the mental capacity to make a claim. In these instances, once the claim has settled, the money is paid to, or held in trust for, the injured party.
In cases where the person who is injured is under the age of 18, the three-year time restriction on making a claim will begin once they turn 18. Speak to our team if you feel like you may have a claim to make on behalf of a friend or relative.
Getting just compensation for a back injury at work
The solicitors we work with have extensive experience of recovering compensation for people like you and will always strive to get you the optimum level of compensation for your back injury at work claim.
Potential compensation amounts
Compensation settlements for personal injury claims are guided by the Judicial College Guidelines and case law.
The Judicial College Guidelines state that, for a back injury, you could claim between £2,990 and £196,450**, depending on the severity of the injury. Please note that these figures are for guidance only and that they only cover the general damages (pain and suffering compensation) element of your claim.
It’s important to remember that each claim is different and that the amount you receive will depend on a range of factors, including the severity of your back injury and any losses you’ve suffered as a result. For an idea of how much you could get, speak to our experts today or use our compensation calculator.
Compensation timeline
Unfortunately, it’s not possible to say from the outset exactly how long your back injury at work claim will take. Some accident at work claims can be resolved in as little as six to nine months, but in some cases, the process can take longer. The timeframe for your claim will depend on certain factors, including whether liability is denied, the extent and progression of your injuries, and whether an acceptable settlement can be agreed upon. You can be assured that our partnered expert solicitors will try to bring your case to a resolution in a reasonable timeframe.
Long-term injuries
For some back injuries, the extent of the injury is not always immediately evident, and, in certain cases, the injury may worsen over time. In cases like this, it’s important that we have a clear idea of how your injury is likely to progress as time goes by and how this is likely to impact you in the future. Your legal team will consult with medical experts to create a comprehensive picture of your injuries, and any changes that might happen, to ensure you receive the right level of compensation for your long-term back injury.
Back injury claims with The Compensation Experts
In this article, we’ve explained some of your legal rights and compensation options if you’ve suffered a back injury at work. We’ve covered what you should do in the immediate aftermath of an accident, including the evidence you’ll need to provide. We’ve also outlined how the claims process works when starting your claim with us and the benefits available if you’ve had an accident at work.
Life after an accident can be difficult, and you might not know where to turn for support, but if you’ve been injured due the negligence of your employer, you have a right to make a claim for compensation. Our friendly team of experts are here to listen and can help you start your claim.
Back injury at work claims handled by our partner firms
Our partner firms have helped a fuel delivery driver who felt a sudden pain in his back on lifting an 80-kilogram fuel hose without assistance. This resulted in a soft tissue injury to his lower back and exacerbated his pre-existing lumbar spondylosis. Compensation figure: £6,200.
Similarly, our partner firms have also helped a supermarket employee who suffered a soft tissue injury to the lower back while unloading a delivery from a truck. As she pulled the case off the tail lift, the cage topped forward onto the client, resulting in a back injury. Compensation figure: £2,750.
**Based on the Judicial College Guidelines – 17th edition.
How we research our articles:
We work closely with law firms who specialise in various areas of personal injury law. As part of our relationship with our partner law firms, we have direct access to their legal expertise, and use this to help inform our articles and online resources. All legal information is validated by experts in their field, and any additional information is backed up by reputable resources; such as gov.uk, Citizens Advice and the NHS website.
