On this page, we are going to examine an actual claim that resulted in compensation for an NHS worker awarded for a work-related injury. We will dissect the personal injury claim for a fractured lower spine, and look at how much compensation was paid for this type of traumatic injury, and other considerations.
Once you have finished reading this guide, you might have questions related to how it correlates with your own potential claim. If this is the case, our claims team can help you. Just give them a call on 0800 073 8801 and they will be able to help you. They can go over your claim with you, and talk you through our new claims process to get your claim started as soon as possible.
Select A Section:
- How Did The Claimant Suffer This Coccyx Injury?
- How Was The Injury Caused To The NHS Worker?
- What Is A Fractured Lower Spine Or Coccyx?
- When Could You Claim Against An Employer?
- The Case For Compensation For An NHS Worker
- Compensation Calculator For Coccyx And Lower Back Injuries
- No Win No Fee Compensation For An NHS Worker
- Could I Make A Compensation Claim?
- Start Your Workplace Accident Claim
- Claims Guides
How Did The Claimant Suffer This Coccyx Injury?
The information this case study is based on, was originally published by The Standard in 2017. The case study involves three separate parties. Firstly, the victim, a 29-year-old female pharmacist. Secondly, the perpetrator, a male work colleague. And lastly, the National Health Service (NHS), which both people worked for at the time of the incident.
What started off as a practical joke, ended in disaster and resulted in a compensation claim for £58,000. The perpetrator of the incident took a chair away as the victim was about to sit down on it, intending for her to simply stagger or catch herself when she sensed the chair was no longer beneath her. Instead, she fell back on to the floor quite heavily injuring her coccyx (tail bone).
The victim used a personal injury lawyer to purse a claim against the NHS hospital she was working for at the time, for the injury she sustained. This resulted in fractured lower spine compensation amounts being evaluated by the court, and the final settlement of £58,000 being offered.
How Was The Injury Caused To The NHS Worker?
In this case study, the NHS workplace accident itself was caused by an employee of the NHS. So, this case study shows how it is possible to make a work injury claim against the NHS, based on the actions of one of its employees.
A co-worker sharing a work space with the claimant, decided to play a practical joke on her, and pulled her chair away just as she was about to sit down. The intention was for the claimant to realise the chair was missing and stop herself falling further. However, the claimant was entirely engrossed in her work, and failed to notice the chair was no longer underneath her. She fell back heavily onto the floor and fractured her coccyx.
What Is A Fractured Lower Spine Or Coccyx?
Your coccyx is a remnant left over from human evolution, it is what remains of the tail that our genetic ancestors once had. This is why it is often named the tail bone. Bruising or fracturing the coccyx can be a very painful injury, and can prevent a victim from sitting or lying down comfortably.
One of the most common ways for a coccyx injury to happen, is falling backwards, which is exactly what happened to the claimant in this case study. It is very hard to treat a damaged tail none, but the following treatments can have some benefit:
- Using a coccyx cushion
- Avoid sitting down for extended periods
- Wear clothes that are loose and baggy
- Use cold and warm packs applied to the coccyx
- Take laxatives so that passing waste is easier and will not cause pain
- Take painkillers, either prescribed or over the counter
As you can see, treatment is therapeutic rather than focused on treating the injury. This is because the coccyx is a small bone which cannot be bandages, or put in a cast to prevent it moving whilst a break/fracture heals.
If you were to suffer a back injury, such as an injured coccyx at work, you too could have a valid reason to make a compensation claim. Speak to our claims team today to learn if your case could be valid and to find out how to proceed with a injured coccyx a work claim.
When Could You Claim Against An Employer?
One of the things that you will need to do, in order for a personal injury solicitor to process a workplace accident claim for you, is to prove liability. In the case of the work-related injury we discussed in the case study, the victim claimed that her work colleague failed to fulfil the duty of care they had towards all employees they work with. This breach in duty of care directly resulted in the NHS accident at work being filed by the claimant.
This demonstrates how a company is responsible for the actions of their employees. When an employee does something that causes harm to a member of the public, or as in this case, a work colleague, a claim could be possible. If it can be proven an employee of the company was directly or indirectly responsible for causing harm to another person, a valid claim could well exist.
This holds true regardless of the reason the employee caused harm to another party. It could be due to a lack of training, insufficient supervision, or any other reason. If you have been injured in an accident at work that was caused by another employee, then you may well have the basis of a valid compensation claim. Speak to a member of our claims team to get your claim started today.
The Case For Compensation For An NHS Worker
When it comes to making personal injury claims, the claimant must be able to prove they were injured by a third party, and also demonstrate why they are eligible for damages. In this case study, the victim made a claim against the NHS for a fractured coccyx.
Liability was proven, as the NHS did not refute that one of their employees had caused the incident that resulted in the injury that the claimant suffered. The ultimate result of this, was that the claimant received £58,000 in compensation.
This compensation was paid for a variety of reasons which would include pain and suffering, as well as non-physical losses such as missing out on earnings while the victim recovered from the injury.
Compensation Calculator For Coccyx And Lower Back Injuries
It is impossible to work out an average for fractured lower spine compensation payouts. Every claim and the injury as well as accident it is based on, has unique characteristics so that no two cases are the same. However, you can use the table below, which has been created based on the UK Judicial College Guidelines used to calculated compensation settlements by courts and insurance companies. It shows possible compensation ranges for a number of different injuries.
|Neck||Minor||Injuries at the lower end of the severity scale such as lacerations and cuts, minor burns, and trivial soft tissue injuries. The injuries would heal very quickly.||Up to £7,410|
|Moderate||All injuries that would heal completely within a year from diagnosis. Sprains, strains and less serious fractures and vertebrae damage.||£7,410 to £36,120|
|Severe||Injuries that would result in long-term pain and suffering, sometimes with permanent symptoms. All soft tissue injuries as well as fractured vertebrae, damage to the spinal column or spinal nerves.||£42,680 to £139,210|
|Back||Minor||Injuries at the lower end of the severity scale such as lacerations and cuts, minor burns, and trivial soft tissue injuries. The injuries would heal very quickly||Up to £11,730|
|Moderate||All injuries that would heal completely within a year from diagnosis. Sprains, strains and less serious fractures and vertebrae damage.||£11,730 to £36,390|
|Severe||Injuries that would result in long-term pain and suffering, sometimes with permanent symptoms. All soft tissue injuries as well as fractured vertebrae, damage to the spinal column or spinal nerves.||£36,390 to £151,070|
If you want some more information about compensation payouts, for example, you would like to find out how much you could claim in your own case, then please speak to a member of our claims team today.
No Win No Fee Compensation For An NHS Worker
If you choose to use the services of a No Win No Fee lawyer, you will have taken steps to mitigate financial risks associated with making a claim for compensation against a negligent third party. This is because the lawyer will not collect their pre-agreed fee, until such time as they have received a compensation payment for you. Put simply, unless you win your claim you don’t pay a thing.
When the lawyer starts working on your claim, they won’t expect to be paid a fee. They also will not collect ongoing fees during the time it takes to process your claim. If the lawyer can’t get you any compensation at all, you still pay nothing.
If you need more information about the way this fee structure works, then please reach out to our claims team today. A claims adviser can go over the concept of e Conditional Fee Agreement (CFA) with you, and discuss whether it is a good fit for your own claim.
Could I Make A Compensation Claim?
We believe that we offer a very straightforward and simple personal injury claims process that everyone can follow easily to get the legal help they need, when they need it. To get your claim started, just follow these three simple steps:
- Call our claims team, you can find the phone number in the section below. They will answer any questions you have, and also provide you with critical information such as the personal injury claims time limit that will apply
- A claim adviser will evaluate your claim for you, and let you know what your legal options are, they can also arrange for a solicitor to process your claim for you if applicable
- A solicitor will begin processing your claim under a No Win No Fee agreement. Trying to get you the maximum level of compensation they can
Start Your Workplace Accident Claim
Have you been injured in a workplace accident? If you have, you may have questions about the claims process, whether your claim is valid, compensation amounts, etc. No matter what help you need related to your claim, we can assist you. Please contact our claims team on 0800 073 8801 for further help and advice.
You may find that reading these external pages can provide some useful information:
These other guides that we have published elsewhere on this site could also be of use to you:
Article by MW (Mac)