By Jo Anderson. Last Updated 10th January 2024. Welcome to our guide on back injury claims. In out, we answer questions such as ‘how much compensation will i get for a back injury?’ ‘how long does a back injury claim take?’ and ‘how can I prove my back injury at work?’. We also discuss how our No Win No Fee back injury solicitors could assist you in making a claim for back injury compensation.
Why Claim Compensation For A Back Injury?
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?
How We Can Help
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
- Back Injury At Work Claims
- Road Traffic Accident Back Injury Claims
- Can I Claim For A Back Injury After An Accident In A Public Place?
- Types Of Back Injury
- Steps To Take If You Suffer A Back Injury
- How Are Back Injury Claims Assessed?
- Back Injury Compensation Payouts UK
- Special Damages Which May Be Awarded In Back Injury Claims
- Back Injury Claims – Get No Win No Fee Legal Help
- Essential Resources
Back Injury At Work Claims
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 back injury claims 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.
Road Traffic Accident Back Injury Claims
It is possible to make back injury claims 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.
Can I Claim For A Back Injury After An Accident In A Public Place?
It could be possible to claim for a back injury after an accident in a public place. Under the Occupiers’ Liability Act 1957, all those in control of public places have a duty of care towards the public when they are using the premises for their intended purposes. They must take all the necessary steps to ensure the reasonable safety of members of the public.
Public places could include supermarkets, hotels, restaurants, gyms and public parks and pavements, to name just a few examples.
To be able to make a back injury claim for an accident in a public place, you would need to prove that the occupier breached their duty of care towards you and that this caused your injury.
For example, if a local authority fails to maintain a climbing frame in a public park, it could break as a child uses it, and they may suffer a back injury.
To check whether you may be eligible to make a claim for back injury compensation, you can contact one of our advisors.
Types Of Back Injury
At this point in our back injury claims, we’ll take a look at the different types of injuries that you could claim for.
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.
Steps To Take If You Suffer A Back Injury
If you have developed a back injury from an accident that was not your fault and are considering making back injury claims, 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.
How Are Back Injury Claims Assessed?
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.
Back Injury Compensation Payouts (UK)
We have created a compensation table below to help give you an idea of what compensation in a back injury claim can look like.
The examples and ranges featured in our table are compiled from previous back injury compensation payouts from UK claims. They are only examples of general damages and should not be taken as guaranteed.
| 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. |
The figures are taken from the Judicial College Guidelines. This is may be used to help value general damages in your claim alongside other factors such as medical evidence of your injuries, or your personal testimony.
You can reach to our advisers for free and direct information about how compensation for a back injury can be determined, and how your award may be valued.
Special Damages Which May Be Awarded In Back Injury Claims
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 back injury claims 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.
Back Injury Claims – Get No Win No Fee Legal Help
If you are eligible to make a personal injury claim for a back injury at work, you may wish to have a solicitor help with your case. One of our solicitors could support your claim. They have lots of experience seeking personal injury compensation. Additionally, they generally use a Conditional Fee Agreement (CFA) to work on your claim. This is a type of No Win No Fee arrangement.
If your solicitor provides their services under this type of arrangement, they typically won’t charge you upfront to work on your case. They also won’t ask you to pay ongoing service fees. Furthermore, should you not be awarded compensation following an unsuccessful claim, your solicitor won’t ask for a payment for their services.
However, your solicitor will deduct a success fee from your compensation if your claim outcome is successful. The amount that can be taken as this fee is a legally limited percentage.
If you have any questions about back injury claims amounts, please get in touch with one of the advisors from our team. They can discuss back injury claims and assess whether you have a valid personal injury claim. If it seems like you do, you could be connected to one of our solicitors.
To speak to an advisor:
- Contact us online for a call back.
- Call 0800 073 8801
- Ask your question in our live webchat.
Back Injury Claims FAQs
What is a fair settlement for back injury?
There are many types of back injuries, 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. There is a range of other factors that will determine your final payout, so please get in touch today for a free consultation.
How is compensation valued?
Your compensation award will take into consideration, but is not limited to, the following:
- The severity of your injuries
- Any mental trauma
- How your general quality of life has been affected
- Any financial losses
- Potential future damage
What types of accidents could lead to back injury claims?
Any accident that is caused by somebody else’s negligence and causes you to injure your back could allow you to seek compensation. They include road traffic accidents, slips and falls, accidents at work, criminal assaults and sporting injuries.
Can I claim for a back injury at work?
It is sometimes possible to sue your employer if you injure your back at work. Essentially, you’d need to show that your employer’s negligence caused your injuries. For example, you could claim if you’d been asked to lift heavy loads without assistance or if you hadn’t been trained in manual handling techniques.
How is compensation paid?
Personal injury claims are paid in two categories, general damages and special damages. General damages will compensate for physical injuries and mental trauma whereas special damages will help you recover any financial losses you experienced as a result, such as loss of earnings.
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.
How long do I have to claim?
Personal injury claims have a 3-year time limit, effective from the accident date or date you realised you were affected by it.
Can I claim on behalf of my child?
If they were injured through no fault of their own and you believe third-party negligence to be to blame, you could be able to make a claim on their behalf if they’re yet to reach their 18th birthday.
Do I need to get a lawyer?
Though it’s not a legal requirement to have a lawyer handle your case, they could help you through the claims process and ensure you get the maximum compensation you deserve.
Where can I get a lawyer?
Look no further than Accident Claims. We can connect you to our panel of personal injury lawyers and have your claim handled on a No Win No Fee basis.
How much compensation will I get for a back injury?
How much compensation you will get for a back injury if your claim is successful could vary. When approaching a settlement, the physical and mental costs of your injuries would be measured. So too would the effects on your life. As well as this, if you had incurred out of pocket expenses due to the injuries, you could claim for these as special damages.
How long does a back injury claim take?
It is difficult to predict how long a back injury claim could take. This is because it may take some time in some cases to gather evidence. In other cases, it may take some time to negotiate a settlement. In others, particularly where the liable party admits liability and offers a settlement quickly, a case could be completed relatively swiftly.
To speak to us about how long your claim could take, why not call the team, or complete the contact form and we’ll get in touch with you.
How can I prove my back injury at work?
How you could prove a back injury at work could vary, depending on what type of evidence you could collect. Witness testimonies, photographs of the scene and/or your injuries, and the medical report could be vital in securing the compensation you deserve.
In essence, you would need to be able to prove the accident took place, and that it was the result of someone’s breach of their duty of care towards you. You would also need to prove that the breach led to your injuries.
Essential Resources
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.
Fatal Road Traffic Accident Compensation – A guide to claiming compensation following a fatal road traffic accident.
Disneyland Paris Accident Claims Guide – A guide on how to take steps following an injury at Disneyland Paris
Thank you for reading our guide to back injury claims. We hope that you’ve found it helpful.