By Jo Anderson. Updated 08th March 2024. Welcome to this guide on how to prove a back injury at work. One common question we hear from claimants is ‘I slipped at work and hurt my back, or I fell at work and hurt my back – can I claim?’ In this guide, we show you whether it could be possible for you to make a workers injury compensation claim for a slip at work that has injured you. We also offer insight into how much compensation you could receive when you claim for an injury at work. Plus. we explain how we could help you make a personal injury claim for a broken back, or other back injuries. Whatever back injury from work you’ve sustained, this guide could be useful.
I Slipped At Work And Hurt My Back – Where Can I Get Help?
Every claim has its own unique aspects, and this makes covering every possible question you might have in a single guide, impossible. If you do have one or more questions that this guide has not answered, please speak to our claims team on 0800 073 8801. One of our expert claim advisors will answer your questions for you, and provide any other help you might need.
Select A Section:
- A Guide To Making A Claim If You Slipped At Work And Hurt Your Back
- Workplace Health And Safety Guidelines To Prevent Slips And Falls
- Causes Of Workplace Slip Accidents
- Types Of Back Injury Which May Be Caused By Slipping At Work
- Time Limit For Claiming For A Work Injury
- Workers Injury Compensation
- Special Damages You Could Claim For Workplace Injuries
- No Win No Fee Slipped At Work And Hurt My Back Claims
- Essential References For Workplace Injury Claims
A Guide To Making A Claim If You Slipped At Work And Hurt Your Back b
All employees, regardless of what industry or sector, are owed the same duty of care by their employer. This duty of care comes from the Health and Safety At Work etc Act 1974, and states that employers must ensure that they take all reasonably and practicable steps to keep employees safe while they are carrying out their work duties.
To fulfil this duty of care, an employer could carry out the following steps:
- Carry out regular risk assessments to highlight any hazards so that these can be reduced or removed.
- Train staff so that they can work safely. Training staff to be competent not only reduces injury to themselves but also to other employees.
- If personal protective equipment is needed in order for the employee to do their job safely this must be provided free by the employer.
- Maintain the working environment and also respond in a timely manner to defective equipment and have these replaced or repaired.
If you want to make a personal injury claim against your employer after you slipped at work and hurt your back, you must be able to satisfy the eligibility criteria, which are as follows:
- Your employer, as stated in HASAWA, owed you a duty of care at the time of the accident.
- This duty of care was breached because the employer failed to comply with health and safety laws.
- Due to this breach, you slipped at work and hurt your back.
This criterion is known as negligence in tort law and forms the basis of a personal injury claim following an accident at work.
If an employer fails in their legal obligation to carry out these reasonable steps, the employer could possibly be liable if an employee suffers an injury.
Workplace Health And Safety Guidelines To Prevent Slips And Falls
The Health & Safety Executive (HSE) is responsible for maintaining, regulating and enforcing workplace legislation related to workplace safety in the UK. As part of its duties, the HSE produces lots of resources for employers, giving them guidelines on best practices to mitigate the hazards of a slip, trip or fall at work. These guidelines cover things such as:
- How to train staff to lift and carry objects safely.
- The kinds of PPE and anti-slip footwear that employees should be provided with.
- Instructions on how to iteratively evaluate slip, trip and fall hazards in the workplace, and take steps to resolve them.
If your employer fails to comply with all of the health and safety regulations that apply, and you can prove that this lead to the accident that caused your back injury, then you could have a valid back injury at work claim in the UK. To make sure you do have a valid claim, please speak to one of our claim advisors to have your claim evaluated.
Causes Of Workplace Slip Accidents
In this section, we will look at some of the common kinds of hazards in the workplace, that could lead to a slip, trip or fall accident. There are many causes, as these are common accidents that can happen almost anywhere. However, some of the most usual hazards of a slip, trip or fall are:
- Poor lighting in a stairwell, or a faulty safety rail, resulting in a slip down the stairs at work.
- An employee who has slipped at work because of food or drink that had been spilt on the floor of the company canteen, or some other foodservice premises.
- Damaged flooring, such as a cracked tile, warped floorboard, or frayed carpet could cause an employee to suffer a trip injury at work.
- An electrical cable that was left running across the floor could cause an employee to trip over.
Types Of Back Injury Which May Be Caused By Slipping At Work
In the section above, we looked at some of the causes of workplace slips, trips and falls that could result in a back injury. Soon, we will look at how to prove a back injury at work. In this section, however, we take a look at some of the possible injuries, for example:
- Soft tissue injuries such as strains and sprains, or damage to the ligaments and tendons of the back.
- Damage to the discs of the back, such as a herniated disc.
- Fractures of the spine.
- A fractured or bruised tailbone (coccyx).
- Lacerations, cuts, burns, and other types of tissue damage.
Regardless of the actual injury, you have suffered, if you can prove your employer was the cause, then you could claim compensation for a back injury at work. Speak to our team to learn how we can help you with this.
Time Limit For Claiming For A Work Injury
If you are eligible to make a personal injury claim after you hurt your back at work, you must also be aware that there is a time limit you must adhere to when starting your claim. The Limitation Act 1980 states that you generally have 3 years to start your claim from the date the accident occurred.
There are some exceptions to this limitation period, however.
For example, if a minor was injured whilst at work, the time limit will be paused until their 18th birthday. Before this date, a court-appointed litigation friend, such as a parent or lawyer, could make a claim on the injured party’s behalf. If a claim has not been made on their behalf by their 18th birthday, the time limit will reinstate and run until the injured party’s 21st birthday.
To learn more about the other exceptions to the 3-year time limit, or to see if you could be eligible to make a back injury at work compensation claim, you can contact our advisors.
Workers Injury Compensation
Whether you want to claim for an injury at work caused by something falling on you, or a back injury from work due to insufficient training in manual handling, we could help. One common question regarding workers injury compensation is “How much could I receive? “
The amount you could receive for a claim for an injury at work would depend on your specific case. All of the facts and circumstances would need to be assessed. Courts and lawyers would look at the severity of the injury and the impact it has had on your life. They would also look at the impact on your finances and mental health.
How is workers injury compensation calculated?
A compensation payout for a successful claim for an injury at work is meant to put a claimant in as close to a position as they would have been in had the negligence not occurred. This means compensating them for any financial expense or loss they have suffered as a result. This could include loss of earnings, medical costs, or travel expenses, for example. These are compensated under special damages.
You could also receive compensation for the pain and suffering of your injuries under general damages. One thing that courts and lawyers dealing with claims in England and Wales could do to help them value this head of claim would be to look at the Judicial College Guidelines. This is a publication that offers insight into general damages payouts for specific injuries. The table below contains figures from this publication. However, it is only meant as rough guidance. Therefore, if you would like to get a personalised estimate of your compensation, please call our team.
| Type of back injury | Amount | Comment on Severity |
|---|---|---|
| Multiple serious injuries with financial costs. | Up to £500,000+ | A combination of serious injuries resulting in significant financial losses such as care costs and medical expenses. |
| Severe (a)(i) | £91,090 to £160,980 | This bracket includes injury to the spinal cord and nerves, affection lower body functions and result in complete or incomplete paralysis. |
| Severe (a)(ii) | £74,160 to £88,430 | This bracket is for injuries that effect bowel, bladder and sexual function as a result of nerve root damage. |
| Severe (a)(iii) | £38,780 to £69,730 | This bracket includes injuries that result in lesions or fractured discs, causing chronic issues like pain, discomfort, loss of mobility and lower body function. |
| Moderate (b)(i) | £27,760 to £38,780 | This bracket includes cases where there have been fractures, with increased risk of osteoarthritis, spinal fusion and impaired mobility. |
| Moderate (b)(ii) | £12,510 to £27,760 | This bracket more widely encompasses injuries involving damage to discs, and other soft tissues, or injuries that have exacerbated pre-existing conditions. |
| Minor (c)(i) | £7,890 to £12,510 | This bracket is for injuries where the person has recovered within two to five years without surgery. |
Special Damages You Could Claim For Workplace Injuries
Special damages are paid to the claimant to cover any financial losses. When claiming for financial loss, document evidence needs to be submitted to support your claim. Such as bills and receipts for the costs you incurred. A claimant could claim for;
- Lowered future earning potential, if the claimant has to change their job or career, or possibly stop working altogether because of their injuries.
- Loss of earnings in the short-term, due to taking time off work and not being paid for it.
- The cost of private medical treatment, if you had to pay for healthcare as part of your treatment, that the NHS could not provide.
- The cost of hiring a nurse to care for you at home, or a cleaner to help maintain your home.
- Other out of pocket expenses, such as travel costs, the cost of sending legal documents by courier, etc.
These are all damages that a claimant could receive, but there are many others. If you feel you would like to know the kinds of damages you could possibly claim for based on your own claim, then please speak to one of our claim advisors who will help you with this.
No Win No Fee Slipped At Work And Hurt My Back Claims
Our solicitors can offer to handle your claim under a No Win No Fee agreement. This kind of contract between a legal firm and a claimant for legal services, is also known as a Conditional Fee Agreement (CFA). A solicitor can provide a claimant with all of the legal advice, help and assistance they need to make their No Win, No Fee claim, and also minimise many of the financial risks of doing so.
There won’t be any fee levied at the time the solicitor starts working on the claim, or while they are processing it. If the claim fails, the solicitor still won’t expect their fees to be paid. If the claim is won, then the solicitor will ask for the claimant to pay a success fee, which is legally capped at 25% of the value of the claim.
Whatever help you need, please contact our team today on 0800 073 8801. One of our advisors will provide the answers you need, evaluate your claim for you, and let you know how best to proceed with your claim.
Essential References For Workplace Injury Claims
These external pages might be useful to you:
NHS Information About Back Pain
HSE Information About Back Pain At Work
How to prove a back injury at work – related guides
These other guides could also be useful to you:
How To Make Back Injury Claims
Claiming For A Slip, Trip Or Fall At Work
A Guide To Work-Related Back Injury Claims
Thank you for reading our guide to ‘I slipped at work and hurt my back, can I claim?’ Are you still asking ‘I fell at work and hurt my back, could you help?’ Please call our team. We could give you further insight into how to prove a back injury at work. Plus, we could help you receive the compensation you deserve.