By Jo Anderson. Last Updated 18th January 2024. In this guide, we discuss information on personal injury claims payouts for a slipped disc at work. We’ll discuss common questions such as “what is the average payout for a herniated disc” and when you could claim for building disc compensation.
Also, we’ll explain if there’s a figure for the average compensation for a herniated disc and whether you could use a herniated disc settlement calculator. This guide also includes a look at a case study in which a teacher claimed for a slipped disc.
If you would like to speak to an advisor about claiming compensation for a herniated disc or slipped disc, then you can contact the Accident Claim team for free legal advice. You can contact us on the phone or online through the following methods:
- Call 0800 073 8801
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Select A Section:
- Slipped Disc Case Study
- Eligibility Requirements For Making A Slipped Disc At Work Claim
- Time Limit For Slipped Disc At Work Claims
- How Much Compensation Can I Get For A Herniated Disc?
- No Win No Fee Slipped Disc At Work Claims
- Useful Links
In this case study the claimant was a teacher who suffered her injuries as a result of two falls suffered within a short period of time. The claimant was pushed over or knocked to the ground on two separate occasions on the same week by pupils at the school she worked in. This resulted in the slipped disc. A slipped disc is one of the most common types of back injury in the UK.
Whilst they can be caused in several ways, twisting or turning in a sudden way, such as in a fall can be a high cause of this type of injury. After suffering the slipped disc the claimant sought personal injury compensation from the school they worked at. Personal injury solicitors acting on their behalf we able to secure a total of £185,000 in compensation.
All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. Per their duty, they must take reasonably practicable steps to ensure your health and safety while at work. Should your employer breach this duty of care, you could be injured in a workplace accident.
In order to have a valid personal injury claim for a slipped disc, certain criteria need to be met. This is:
- Your employer owed you a duty of care.
- This duty was breached.
- Due to this breach, you suffered an injury, such as a slipped disc.
To learn more about when a personal injury claim could be made for a slipped disc at work, and the compensation that could be awarded for such an injury, you can contact our advisors today.
What Evidence Is Needed For A Slipped Disc Injury Claim?
If you suffer a herniated disc at work, you will need to prove that a breach in the duty of care owed by your employer caused your injuries. This duty of care is set under the Health and Safety at Work etc. Act 1974 (HASAWA). It states that your employer must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees.
Examples of evidence that could be useful in an accident at work claim includes:
- X-rays. These could show your disc injury. In addition to back x-rays, you may be invited to attend an independent medical review to learn the severity of your injury and what impact it might have on your life as part of the claiming process.
- Accident logbook. It is a legal requirement for workplaces with 10 or more employees to have one and for workplace accidents to be recorded here.
- Witness contact information. If anyone saw what happened, you could make a note of their contact details so they can give a statement later on.
- Accident scene photographs. For example, if you tripped over a wire, you could photograph this.
Our advisors can discuss what evidence could be submitted to support your claim. Additionally, they can assess your eligibility for compensation for a herniated disc. If it seems like your claim is eligible, you could be connected to one of our No Win No Fee solicitors. Get in touch today.
If you are eligible to make a bulging disc compensation claim, you would only typically have limited time to do so. Under the Limitation Act 1980, most personal injury claims have a limitation period of three years from the accident date.
However, there could be some exceptions to this.
In the case of a child who has suffered a bulging disc injury, they would not be able to make their own claim until they become 18 years of age. The limitation period would effectively pause until this date. However, an appropriate adult could act as a litigation friend during the pause and bring a claim forward on their behalf. If no claim is made, and the child reaches 18, they then have three years to make their own claim from their 18th birthday.
Those who lack the mental capability to make their own claim will have the limitation period frozen indefinitely. Once again, a litigation friend could make a claim on their behalf during this freeze. Should they regain the needed capacity to make their own claim, they will have three years from the recovery date to do so, provided one has not already been made for them.
To learn more about how long you might have to claim or ask questions about the average payout for a herniated disc, please contact an advisor.
The value of a settlement for a herniated disc is calculated by legal professionals involved with the case. Compensation can be split between two heads of claim:
- General damages – The amount for your pain and suffering.
- Special damages – For the financial impact of your injuries.
For general damages, resources such as medical evidence pertaining to your injury can help legal professionals in their calculations. In addition, a publication called the Judicial College Guidelines (JCG) is used. The JCG contains figures based on past court cases. We’ve included some entries from the latest edition in the table below. The JCG was last updated in 2022.
It’s important to note that whilst these figures can give you an idea as to how much your general damages payment is worth, your claim needs to be directly addressed in order for you to receive a bespoke valuation.
|Multiple serious injuries plus special damages
|A combination of serious injuries which lead to significant pain and suffering and financial loss.
|Up to £200,000+
|Most serious spinal injuries, including those with damage to spinal cord and nerve roots.
|£91,090 to £160,980
|Special features that take the injury out of the bracket below. Could include nerve root injury causes impaired bowel and bladder function, for example.
|£74,160 to £88,430
|Fracture of discs or lesions, causing chronic conditions.
|£38,780 to £69,730
|Compression/crush fractures for examples, where there is a substantial risk of osteoarthritis.
|£27,760 to £38,780
|Many frequently seen injuries such as ligament and muscle damage causing backache.
|£12,510 to £27,760
|Full recovery, or recovery to a nuisance level within 2-5 years.
|£7,890 to £12,510
|Full recovery without any surgery within around 1-2 years
|£4,350 to £7,890
|Injuries involving damage or fractures to the discs in the cervical spine.
|£65,740 to £130,930
|Serious disc lesions or soft tissue or wrenching-type injuries that seriously limit the necks movement.
|£13,740 to £24,990
Your settlement for a bulging disc or hernia could also include special damages. This is to account for losses of a financial nature that have been occurred as a result of your injuries. You’ll need to keep hold of receipts and other documentation to support the occurrence of these losses.
For instance, you could be reimbursed for:
- Medical expenses – For prescriptions, necessary private healthcare etc.
- Loss of earnings – Your injury may affect your ability to work, and therefore your income.
- Adaptations to your home – If you need ramps fitting for accessibility reasons, for example.
- Property damage – The incident in which you were injured may also have caused items such as your smartphone or laptop to be damaged.
Get in touch today for a bespoke valuation of your compensation for a bulging disc or hernia.
Now we have discussed herniated or slipped disc compensation payouts, you may be ready to start thinking about making a claim. If so, you may consider working with a solicitor to help you. After all, a solicitor could help you with gathering evidence to support your claim, and negotiating for compensation on your behalf.
One of our solicitors could assist with your claim under a type of win fee agreement, such as a Conditional Fee Agreement (CFA), provided you have a valid case. This typically means you wouldn’t pay your solicitor upfront or throughout your claim for their services. Additionally, you won’t have to pay your solicitor for their work on your claim if the claim is unsuccessful.
You will pay your solicitor a success fee if the claim is successful. This is taken directly from your compensation as a legally capped percentage.
To learn more about making a claim with a No Win No Fee solicitor or to find out more about bulging disc compensation payouts in the UK, please contact an advisor. They can be reached via the following methods:
If you need further information on how to make a successful personal injury claim for injuries such as a slipped disc at work, or information on the injury itself, please follow these links to resources on our own site, or trusted external resources.
NHS Guide To Slipped Disc Injuries
In this NHS guide you can learn more about what a slipped disc is, as well as how to confirm yourself whether your injuries may be a slipped disc, or a different form of back pain.
Slips And Trips At Work
Health and safety advice for staying safe at work and avoiding this type of accident happening through proper prevention as produced by the HSE.
Herniated Or Slipped Disc At Work Claims
In this guide we look at slipped disc injuries at work on more detail as well as showing how an expert personal injury solicitor can help you claim compensation for the effect it has had on you.
Nursery School Accident Claims
In this guide we look at how people can be injured in a nursery school and how our solicitors or lawyers can help those injured to claim damages.
Thank you for reading our guide to personal injury claims payouts for a slipped disc or herniated disc injury. Whether you’ve suffered long term or short-term harm because of this type of injury, please call us for assistance with making a claim and working out how much compensation you could receive without a bulging disc compensation calculator. We could give you further insight into why the average payout for a herniated disc in the UK might not accurately predict your compensation.