By Fern Easton. Last Updated 18th February 2021. Welcome to our guide on back injury claims. A back injury or spinal injury can range from lesser damage that causes a minor disruption to your life to more serious damage that could result in lifelong suffering. If your injury has been caused by an accident that was not your fault, it may be possible to make a claim for back injury compensation.
Making a claim may seem daunting, but our team of advisors and our personal injury lawyers could help you through the process and assist you in trying to achieve the highest possible award to compensate you for your injuries and hardship. Whether your injury was caused by whiplash in a car accident or you’re making a back injury at work claim, we are ready and waiting to offer legal assistance.
We get questions every day relating to making personal injury claims for back injuries, and they can include but are not limited to:
- What is the average payout for a back injury?
- Can you get workers comp for a back injury?
- How much is a spinal cord injury lawsuit worth?
- How do you calculate pain and suffering?
- How much compensation do you get for a minor back injury at work?
This guide has been put together to try and answer some of these questions and to provide information on making a no win no fee back injury claim. We have included vital information you may need, such as the process of making a claim, what types of damages could be claimed for, what kind of back injury claims could be made, and even a personal injury claims calculator that could help give you an idea of the typical back injury compensation claim amounts awarded.
We hope this guide to making a claim for back injuries can answer all of your questions, but if you need further information on making a claim for back pain or injury, you can contact our friendly, compassionate advisors on 0800 073 8801, or alternatively, you could use our online contact form to have us contact you at a time that suits you best.
Select a Section
- A Guide To Claiming Compensation For A Back Injury
- What Is A Back Injury?
- Back Injury Statistics
- Types Of Back Injury
- Back Injury At Work Claims
- Back Injuries Caused By Slips, Trips And Falls
- Road Traffic Accident Back Injury Claims
- Public Place Back Injury Claims
- Steps To Take If You Suffer A Back Injury
- Back Injury Treatment
- How Are Back Injury Claims Assessed?
- Special Damages Which May Be Awarded In Back Injury Claims
- Back Injury Compensation Claim Amounts
- No Win No Fee Claims For A Back Injury
- How We Could Help You Claim Compensation For A Back Injury
- Start Your Back Injury Claim Today
- Essential Resources
All injuries can have an impact on our daily lives, but back injuries can be significantly disruptive, and even the most minor of them can leave us in pain and affect our mobility. It is no surprise then that when a person gets a back injury because of the negligent actions of another, they may choose to make a claim.
This guide to making a back injury compensation claim is aimed at providing all the basic information you need if you feel that your injury has been caused by an accident that was not your fault. It outlines that many reasons why a person may make a back injury claim, what an injury or back pain claim can consist of, information on back injury compensation claim amounts, and much more.
Read on to find out about how much compensation you might get for a minor back injury at work or even on claims for a back injury caused by a road traffic accident. We aim to provide as much relevant information as you might need, but if you still have questions, don’t hesitate to give us a call.
A back injury is damage done to the back or spine by a range of different causes such as whiplash in a car accident, a fall from a height, etc. Back injuries can include:
- Soft tissue damage such as strains and sprains
- fractured vertebrae
- a prolapse, or herniated disc
- bulging disc
Prior to making a back injury claim, a person will usually undergo an x-ray or scan to determine the extent of the damage and severity of the injury. Due to the wide range of possible injuries a person can develop on the back or spine, back injury compensation claim amounts can also vary greatly. For example, how much compensation you get for a minor back injury at work may not be as much as you might get for a chronic back pain claim.
Statistics put forward by the Health and Safety Executive (HSE) illustrated that out of the many issues a person can develop from a work-related musculoskeletal disorder (WRMSD), back pain was one of the most common at 37% of all diagnoses made from 2019 to 2020. It is no surprise then that work back injury claims may be some of the most common we deal with. This amounts to 176,000 cases of back injury over these years.
The common causes they cited of WRMSD included heavy lifting at 28%, material manipulation at 19%, keyboard centred jobs at 11%, jobs that involve guiding or holding a tool at 10% and light lifting at 5%. These figures, though they come from work-related injuries, help to illustrate the wide range of activities that can cause a back injury. This HSE article also pointed out that WRMSDs can also be caused by traumatic injuries at work, like a fall or accident.
Another HSE article pointed out that back injuries accounted for 37% of WRMSDs in 2019 and 2020. 2019/20 also saw a total of 38.8 million working days lost as a result of work-related injuries, and 2018/19 saw a total cost of £16.2 billion because of work-related injuries and illnesses.
There are many different types of back injuries that a person could develop. These vary greatly depending on where they happen in the back and how severe the damage is. Types can also be affected by the cause of the injury, such as something sudden or something that caused gradual damage over time. It is important to understand the various types if you are considering making a back injury claim, as they can greatly affect the back injury compensation claim amounts that may be awarded.
Below we have included some of the basic back injury types, but there are more, and they can often be more complicated, which will often be reflected in your case and the back injury compensation awarded depending on your individual situation.
Soft Tissue Injuries To The Back
A soft tissue injury includes a strain, which is damage to tendons or muscle, or a sprain which includes damage to ligaments. Soft tissue damage can be caused to the spine through sharp or sudden pulling or overextension of the spine, such as that caused by whiplash in a road traffic accident. It may not be visible on the outside or show up on a scan or x-ray, but a soft tissue injury can be just as painful as broken bones.
Herniated Disc Injuries
There are some different ways to refer to a herniated disc; the most common among them is a slipped disc. It is also possible to refer to it as a prolapsed disc and can occur when one of the discs that sit between the vertebrae bones start to push out or get squeezed out of position. An injury can cause a disc to bulge out between the vertebrae, causing pain if it comes into contact with nerves.
Spinal Fractures And Breaks
A vertebrae fracture happens when one or more of the bones that make up the spine have been broken or fractured, which can put pressure on or damage the spinal nerves or spinal cord. Fractured vertebrae can cause severe damage to the spine and result in chronic pain, paralysis and other debilitating symptoms.
Paraplegia And Paralysis
Paralysis refers to the loss of the ability to move a certain part of the body. Injuries to the spine can result in different kinds of temporary or permanent paralysis. Paraplegia refers to the loss of movement or sensation in both legs and can happen as a result of a spinal injury.
Please continue reading to look at some of the most common kinds of back injury claims that we deal with.
As mentioned, it is possible to get back injuries at work, as a result of an accident or through an injury developed over a long period of time. Your employer is legally obliged to ensure that appropriate measures are taken to ensure that the workplace is safe to inhabit and that all the appropriate health and safety training and equipment have been supplied to the employee. Our article here has more information on the processes of making an accident at work claim.
If your back injury was caused because your employer was negligent, and failed in their duty of care to you, then it may be possible for you to make a back injury claim against them. Many people worry about consequences when it comes to making a back injury at work claim, but your employer is legally prevented from treating you any differently. It doesn’t matter if your claim for back injury compensation was successful or not; your employer cannot dismiss or penalise you because of it. If they do, that gives you grounds to take even further legal action against them.
Just as stated above, there are different types of back pain or injury claim, and they all depend on the severity of the injury. Back injury compensation claim amounts can vary greatly even in accident at work claims, and as we stated earlier, how much compensation you get for a minor back injury at work will be less than injuries that are more severe and have longer-lasting consequences for the person.
Similar to making a back injury at work claim, it is possible to make a claim for a back injury caused by an accident in a public place that was not your fault. These accidents commonly include slip, trip and fall accidents, and if they happen in a public place like a supermarket, a restaurant, a hotel, a public park, etc. then the person, authority or business owner that is responsible for the public area may be liable to pay back injury compensation.
Back injuries can be caused by a wide number of things, and it may be possible to make a back pain claim for a slip on a wet floor in a supermarket, a trip over exposed wiring on a restaurant floor, or even by a fall down a public stairwell because of a loose railing. Back injury compensation claim amounts will vary depending on the severity of your injury, but if you can prove that your injury was caused by an accident in a public place that was not your fault, you could make a claim.
It is possible to make a claim for back pain or an injury after a Road Traffic Accident (RTA). Our guide here illustrates the common process associated with making a claim for a road traffic accident. Essentially, if you have developed a back injury because of the negligent actions of another road user, you could have grounds to make a claim. Commonly, a claim would be taken out against a driver’s insurance, but if they have none, claims can be made through the Motor Insurers’ Bureau (MIB). For more information on making an RTA claim, you could contact us directly or see our guide above.
Just as illustrated above, a back injury can be caused by a wide variety of accidents in a public place. The term public place refers to any space where the pubic are permitted to occupy, such as commercial spaces like restaurants, hotels, movie theatres, etc. They can also include public spaces like parks, walkways, stairwells, streets etc. In these spaces, there is always an individual, authority or business owner that is responsible for maintaining them and ensuring that the space is safe for the public to occupy. If they fail to do this, and an accident happens, they could be liable to pay compensation.
If you have developed a back injury from an accident that was not your fault and are considering making a back injury claim, then there are some steps you could take to help support your case and help secure the best back injury compensation claim amounts for your injury. This includes collecting as much evidence as possible to help support your claim for a back injury at work, in a public space or even after a car accident. This includes:
- taking photos of the accident and your injuries, or asking someone else to do it for you
- requesting CCTV footage of your accident if it available
- Collecting the details of others involved, for example, the other driver’s contact information, information about their car etc.
- Collecting witness contact details or even statements of what they saw
- Acquiring a full medical assessment of your injuries from a medical professional
All of this information helps to prove what you believe happened is true and can make it easier to pursue a claim for back pain or injuries.
Treatment for a back injury can vary greatly depending on how severe it is. Some can be treated simply with medication, rest and physiotherapy, while others may need surgery and long-term treatment plans. There are even some back injuries that might not heal, and not every treatment has a guarantee of success.
For this reason, back injury compensation can vary according to the severity and the type of treatment required. Medical costs claimed can include the many different treatments a person may require while recovering from this type of injury, which includes physiotherapy and other specialist treatments.
As we have mentioned, awards given for back injury claims are based on how severe the injury is. For this reason, assessing the claim centres mainly on the medical assessment report given by a medical professional. This report provides the basis for your claim and will be the main factor in how much compensation you may be awarded.
Claims are also assessed based on a person’s eligibility to make a claim, which includes the incident having happened within the general three year claims time limit and the claimant, you, being able to prove beyond a reasonable doubt that the third party who caused their accident was to blame. Each claim is different, but we could help you sift through the facts and decide if you have grounds to make a valid claim.
Each claim is comprised of different elements of damages that can be claimed for following a back injury. Each case is different, and not all of the damages outlined here may be included as a part of your back injury compensation claim amount. While the main bulk of the award will be based on the severity of your injury, some of these elements may also contribute. These can include:
- General damages, which cover the pain and suffering caused by your back injuries.
- Loss of earnings that occur as a result of your injury, which caused you to take extended time off work, give up your job, or move to a position with fewer hours or less pay. You could also make a back injury claim for loss of future earnings if it clear that you will experience issues being able to work or find work in the future.
- Medical expenses can vary greatly according to your type of injury, and these can also include prescription bills and bills for extra care such as psychiatric or mental health counselling. These costs can all be included as part of back injury compensation.
- Care costs can be claimed for if there is a need for full-time care or if, while recovering, you needed extra assistance at home to help with daily tasks and taking care of yourself.
- Travel costs that you accrue from going to medical or legal appointments relating to your injury and legal proceedings can also be claimed for.
Your solicitor and our legal advisors could advise you on the processes of collecting relevant evidence, documentation and proof of the above damages, all of which would be used in support of your claim for back pain or injury.
Every claim is different, and this is reflected in the possible amounts that may be awarded for each case. Factors such as the severity of your back injury and impact on your quality of life can affect back injury compensation claim amounts and vary according to each individual claim. We believe that there is no substitute for contacting us directly for more accurate estimates relating to your situation. However, to give you a rough indication of the possible amount awarded for certain back injury claims, we have included a personal injury claims calculator table below.
|Type of back injury||Amount||Comment on Severity|
|Severe (a)(i)||£85,470 to £151,070||This bracket includes injury to the spinal cord and nerves, affection lower body functions and result in complete or incomplete paralysis.|
|Severe (a)(ii)||£69,600 to £82,980||This bracket is for injuries that effect bowel, bladder and sexual function as a result of nerve root damage.|
|Severe (a)(iii)||£36,390 to £65,440||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)||£26,050 to £36,390||This bracket includes cases where there have been fractures, with increased risk of osteoarthritis, spinal fusion and impaired mobility.|
|Moderate (b)(ii)||£11,730 to £26,050||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)||£7,410 to £11,730||This bracket is for injuries where the person has recovered within two to five years without surgery.|
|Minor (c)(ii)||£2,300 to £7,410||This bracket is for injuries where the person has recovered within three months to two years without surgery.|
|Minor (c)(iii)||Up to £2,300||This bracket is for injuries where the person has recovered within three months.|
How much compensation you get for a minor back injury at work may vary greatly from what you might get from a major injury in a car accident. As these figures are only indicative, we always recommend contacting us directly for more specific information that relates to your individual situation.
Here at Accident Claims, our solicitors all work on a no win no fee basis, under a Conditional Fee Agreement (CFA). A CFA states that if a case is not successful, the claimant, which is you, will not have to pay for the personal legal fees of the personal injury solicitor who handled their case. If the case is won, the fees are then taken out of the overall compensation amount awarded. A solicitor’s personal legal fees are capped at a maximum of 25% of the award, and any fees or costs should always be agreed upon between you and your solicitor before proceeding with a personal injury claim.
We are dedicated to ensuring that your time is not wasted and that every minute you spend talking to us will be spent helping you decide if you have grounds to make a claim or in helping you proceed with one.
Our advisors are only a phone call away and offer free, no-obligation legal advice on making a back injuries claim. Our advisors know exactly what kind of facts and information that might be needed in making a claim, so they won’t waste your time asking irrelevant questions. If you have a valid claim, they could connect you with the most suitable solicitor with the most relevant experience to suit your claim. Whether you are making a back injury at work claim or a claim for a back injury in a public place, we can help you.
Our personal injury solicitors work hard to try and secure the best possible compensation award for clients and will keep you updated through the whole process on the progress of your claim.
If you are considering making or have decided to make a claim with us, then our advisors are ready and waiting to take your call. There is a personal injury claims time limit of three years that applies to most cases, but it can vary depending on the case, so it can be important not to hesitate to seek legal advice. They are ready to answer any and all questions you may have and can offer a free no-obligation assessment of your situation. You can reach us on 0800 073 8801, or you can use our online contact form to have us call you at a time that suits you best. It is also possible to contact us via email at email@example.com or use our handy chat feature found on any page of this site.
Back injury claims- FAQs
What is a fair settlement for back injury?
“Back injuries” is a category that includes many different kinds of injury, from soft tissue damage like strain or whiplash to more serious conditions like a fracture to the vertebrae or damage to the spinal cord. For this reason, there’s no one answer to the question “how much can you get for back injury?” as your condition will be assessed by a medical professional when you make a claim to determine the amount you’re owed.
Of course, it’s not just the general damages for pain and suffering that make up back injury claims. Special damages, which cover your expenses caused by the accident, can also be included. Your final payout will depend on how severe your injuries and what kinds of special damages you’re able to prove that you’ve incurred.
How do you know if your back injury is serious?
Back pain is common, and although it can have a real impact on your quality of life, it will often get better on its own without the need for medical treatment. However, there are some cases where you should seek medical advice straight away.
If your back pain has started after a serious accident, like a car accident or a fall, it’s always best to get it checked by a doctor. Similarly, if you feel tingling around your buttocks or genitals, or if they’re numb, you should seek medical attention right away. This also applies if you have a hard time urinating or, conversely, if you find you’ve lost bladder or bowel control.
Back Injury At Work – This is our guide to making a claim specifically for back injuries at work.
Back Pain Overview – See this NHS article for more information on back pain, its causes and treatments.
Whiplash – See our online guide to making a claim for whiplash injuries.
Paralysis – This NHS guide outlines what paralysis is and how it can affect a person’s life.
Shop Accident Claims – This s a guide to how much compensation you can claim for an accident in a shop.
Spinal Cord Injury – This is a booklet from the NHS with information on living with a spinal cord injury.
Article by Jenny.
Thank you for reading our guide to back injury claims. We hope that you’ve found it helpful.