By Jo Anderson. Last Updated 28th November 2023. This guide discusses back injury at work claims and compensation payouts in detail.
Back injuries can arise in many different ways in workplaces. Muscles can be pulled or strained while lifting heavy items, or a person could slip, trip and fall, landing on their back. If the accident happened because of your employer’s negligence, you could claim compensation.
Such a course of action is justified. A back injury at work can cause significant problems in your life. You may have to take time off and it may disrupt your everyday life.
Below, we explain how you can begin a compensation claim. We cover the evidence you may need, average compensation payouts, and how to take advantage of a No Win No Fee agreement.
We also explain how a personal injury solicitor could offer to handle your case through Accident Claims UK.
If you would like to make a claim for a back injury at work, do not hesitate to contact our team. The number to call is 0800 073 8801.
Select a Section
- Average Payout For A Back Injury At Work In The UK
- Can I Make A Back Injury At Work Claim?
- How To Prove A Back Injury At Work Claim
- No Win No Fee Back Injury At Work Claims
- Useful Links On Injury At Work Claims
If you are eligible to claim compensation for a back or spinal injury at work, and your claim is successful, your payout could result in general and special damages.
General damages is the head of claim that would compensate you for the pain and suffering caused by your injury.
Those calculating general damages could refer to the Judicial College Guidelines (JCG). This is a publication that provides compensation guideline brackets for a range of injuries at different severities. The table below contains figures from the 16th edition of JCG.
The back injury claim amount you receive would depend on the unique facts and circumstances of your case. Therefore, you should only use this table for guidance, and the first entry does not come from the JCG.
|Multiple Serious Injuries Plus Special Damages||Serious||Serious combinations of injuries leading to pain, suffering and financial losses, such as medical expenses.||Up to £250,000+|
|Injury to the back||Severe (i)||Severe damage to the nerve roots and spinal cord that result in significant pain and serious consequences.||£91,090 to £160,980|
|Injury to the back||Severe (ii)||Impaired mobility with a loss of sensation due to nerve root damage in the back.||£74,160 to £88,430
|Injury to the back||Severe (iii)||Disc lesions or fractures that cause severe pain, with impaired agility and sexual function despite undergoing treatment.||£38,780 to £69,730|
|Injury to the back||Moderate (i)||The lumbar vertebrae suffers a compression or crush fracture that causes constant discomfort.||£27,760 to £38,780|
|Injury to the back||Moderate (ii)||Injuries could include disturbance of the muscles and ligaments in the back that cause backache. Or, soft tissue injuries that exacerbate/accelerate an already existing condition.||£12,510 to £27,760|
|Injury to the back||Minor (i)||A full recovery from a sprain, dis prolapse or soft tissue injury happens within 2-5 years.||£7,890 to £12,510|
|Injury to the back||Minor (ii)||Within 1-2 years a full recovery is made from a soft tissue injury or sprain/strain.||£4,350 to £7,890|
|Injury to the back||Minor (iii)||A minor back injury such as a sprain fully recovers between 3 months to a year.||£2,450 to £4,350|
|Injury to the back||Minor (iv)||A full recovery is made within 3 months from a minor back injury.||Up to £2,450
|Injury to the neck||Moderate (i)||A fracture or dislocation that may require spinal fusion. Or soft tissue injuries to the back and neck combined.||£24,990 to £38,490
Special damages is awarded to certain claimants for the financial costs and losses their injuries have caused them to experience. They could include:
- Travel costs – Costs for getting to medical appointments or meetings with your solicitor, for example.
- Care costs – If you need assistance with washing or dressing at home and have had to pay for care,
- Loss of income – If you have lost pay because you couldn’t attend work due to your injuries.
- Medical expenses – These could include prescription costs or the costs of medical care not funded by the NHS.
If you are wondering how much compensation for a back injury at work your claim could result in, please contact an advisor. They could give you a personalised estimate of your potential payout.
If you’ve suffered a back injury at work, you may be wondering if you could claim compensation. Simply put, if you have suffered an injury because your employer has breached their duty of care towards you, this could potentially lead to a back injury at work compensation claim.
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. They must take reasonably practicable steps to prevent you suffering harm while working.
Depending on the work you do, these steps could include:
- Training you in manual handling safety
- Not asking you to lift more than the maximum manual handling weight limit
- Risk assessing the work environment and removing hazards
To be eligible to make a back injury claim after an accident at work you need to satisfy these criteria below:
- Your employer owed you a duty of care at the time and place of the incident.
- This was breached through actions or omissions.
- You suffered mental and/or physical injuries as a result.
If you think you might be eligible to claim compensation for a back injury at work, why not get in touch with an advisor? They could check your claim free of charge, and may be able to connect you with a solicitor.
Back Injury At Work Claims – What Are The Time Limits?
In this guide, we have explored the difficulty in gaining a definitive estimate for the average payout for a back injury in the UK. We have also provided you information on the criteria that you must meet to make a claim for a back injury and some compensation examples that you could receive.
Part of the criteria that you must meet is ensuring that your claim is started within the correct limitation period, as set out by the Limitation Act 1980. For back injury claims, the time limit generally is 3 years from that date of the accident.
There are also exceptions to this time limit. For example, minors will have 3 years to put forward a claim once they turn 18. However, a litigation friend could start a claim on their behalf before this date while the time limit is suspended. This is someone appointed by the court.
Similar exceptions can be made to those who lack the mental capacity to start their own claim.
To learn more about the time limits, please get in touch with our team. They can also provide information on back injury compensation examples.
If you are eligible to make an accident at work claim, you could collect evidence to help prove that negligence occurred. Some examples of the evidence you could gather for your back injury at work claim include:
- Medical evidence about your injuries – this could be a copy of your medical records.
- CCTV footage of the accident.
- A copy of the report in the accident book.
- Photographs of the accident scene.
- The contact details of any eyewitnesses so that they could provide a statement at a later date.
- Evidence of any financial losses you have suffered due to your injuries. For example, if you required time off work, this could have resulted in lost earnings. Your payslips could be used as proof of these losses.
Additionally, if you decide to work with a solicitor for your claim, they could help you with gathering evidence.
Contact our advisors today if you have any questions, such as, ‘What is the average payout for a back injury at work?’ They may also connect you with one of our solicitors who could represent you in your claim, provided you have a valid case.
If you’re eligible to claim compensation for a back injury at work, you may wish to get help with your claim. By working with a solicitor, you can ensure your case is put together professionally. A solicitor, such as our own, could assist you in gathering evidence, and they could negotiate for an appropriate settlement for your claim.
If you’ve injured your back at work, compensation could relieve the financial pressure caused by your injuries. If you’re worried about your financial position, in this regard, we should point out that using a solicitor doesn’t have to mean paying them upfront.
One of our solicitors could offer to take on your claim under a CFA (Conditional Fee Agreement). This is a type of No Win No Fee arrangement. Under this No Win No Fee agreement, you would not pay anything upfront to your solicitor for their work, or throughout the progression of your claim.
Instead, your solicitor would deduct a success fee (a legally capped percentage of your payout) from the settlement. If your claim for a back injury at work did not result in a payout, you will not have to pay them for their services.
To check if one of our solicitors could help you make a No Win No Fee claim, you can contact an advisor at any time. You can reach our team by using one of the following methods:
- Call us on 0800 073 8801 to speak with an adviser.
- You can enquire online by clicking here and using our online form.
- Please send us an email with the outline of your injury and how it happened to firstname.lastname@example.org.
- Use our live chat to speak with an adviser in real-time. Click the icon on the right corner of the page.
Below, you can find some useful links on accident at work claims:
- How To Make An Accident At Work Claim – A complete guide to claiming compensation
- Stress at Work Claims – If you have suffered stress due to a work-related incident, please speak to one of our advisers.
- Assaulted at Work Claims Guide – In the event you are assaulted at work, you may consider taking legal action. If that is the case, then our claims team could be of assistance.
- Legal Rights After a Workplace Accident – Naturally, you may question what your legal rights are if you have been injured at work. Why not take a look at our guide to learn more?
- NHS Back Pain – This guide to back pain from the NHS provide information, advice, and tips on the diagnosis and treatment of back pain.
- Health and Safety Executive – Information on back pain in the workplace from the HSE.
- Building Site Accident – If you have suffered from a building site accident, please take a look at our guide. You can learn how we could help you.
- Self Employed Accident at Work Guide – Take a look at our guide if you are self-employed and have been injured at your place of work.
- What are my legal rights after an accident? – Please read our guide to learn more about your legal rights after a workplace accident.
If you need any more advice and guidance on making a claim for a back injury at work, please call.