Your employer has a responsibility to ensure your health and safety while you are at work. If they failed to provide a safe working environment and this led to you suffering a back injury at work, you could be eligible to make a claim for compensation. Compensation could not only address the pain from your injury but see you reimbursed for any financial losses you have suffered as a result.
Back injury at work claims guide
There are many ways your employer could be found liable for an accident. This guide will explain more about employer liability in personal injury claims and give you insight into how compensation in claims is valued and calculated.
If you are looking for direct information about your situation, you can contact one of our advisers now. They offer free legal advice and could possibly value your claim for you. You can reach them using:
- The number at the top of the page
- Our contact page
- The live chat feature
Choose A Section
- Could I Make A Back Injury At Work Claim?
- How Much Is My Back Injury At Work Claim Worth?
- Examples Of Accidents Causing Back Injuries
- How To Make A Successful Back Injury Claim
- Do No Win No Fee Agreements Make A Difference?
- Further Information About Back Injury At Work Claims
Could I Make A Back Injury At Work Claim?
The Health and Safety at Work etc. Act 1974 (HASAWA) establishes a duty of care on your employer to you and your colleagues. Under the duty, they are required to do all they reasonably can to prevent accidents causing injury occurring in the workplace.
If your employer breached this duty, by not doing enough to protect your health and safety, and this led to your injury, then you could be eligible to make a back injury at work claim.
If you are interested in making a claim, you could talk to one of our advisers now. They are able to tell you whether or not you have a valid claim and, if you do, could connect you with one of our solicitors to work on your claim.
Back Injury Accident Statistics
Employers are required to report various accidents and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to the Health and Safety Executive (HSE).
According to provisional data from the reports, the back was the most commonly reported site of injury in Britain in the year 2020-21. There were 7,377 non-fatal injuries reported to this part of the body in this timeframe. Of these, there were 310 specified injuries and 7,067 that resulted in an absence of more than 7 days.
How Much Is My Back Injury At Work Claim Worth?
The extent of the injury and the effect it has had on your life will influence what you are likely to be awarded in a back injury at work claim. These two criteria influence the value of the two potential heads of claim in compensation.
General damages, the first head of your claim, is the amount awarded for the pain and suffering the injury has caused you. For estimates on what you could be awarded in general damages, you can use the Judicial College Guidelines (JCG); a publication offering potential compensation brackets for injuries. It is used by legal professionals to help value potential awards for general damages.
We’ve included some of the compensation brackets listed for back injuries in the JCG in the table below:
| Injury | Notes | Award |
|---|---|---|
| Severe Back Injuries: (i) | Severe spinal cord damage leading to incomplete paralysis | £85,470 to £151,070 |
| Severe Back Injuries: (ii) | Nerve root damage resulting in impaired mobility | £69,600 to £82,980 |
| Severe Back Injuries: (iii) | Fractured discs and lesions with continuing pain after treatment | £36,390 to £65,440 |
| Moderate Back Injuries: (i) | Crush fracture resulting in continuous pain | £26,050 to £36,390 |
| Moderate Back Injuries: (ii) | Disturbed ligaments causing backache | £11,730 to £26,050 |
| Minor Back Injuries: (i) | Where a full recovery is made without surgery in 2 to 5 years | £7,410 to £11,730 |
| Minor Back Injuries: (ii) | Where a full recovery is made without surgery is made between 3 months and 2 years | £2,300 to £7,410 |
| Minor Back Injuries: (iii) | A full recovery is made within three months | Up to £2,300 |
| Severe Neck Injuries: (ii) | Fractures or damage to discs in the cervical spine resulting in loss of function of limbs | £61,710 to £122,860 |
| Severe Neck Injuries: (iii) | Damage to soft tissues leading to a permanent disability | £42,680 to £52,540 |
Special damages, the second potential head of your claim, is the amount you could be awarded for any financial losses you have suffered because of the injury. This could be
- Loss of income
- Costs you’ve spent on care or treatment
- Adaptations you have made to your house or vehicle
You should document and maintain records of how the injury is affecting you financially. If you had to spend money travelling to receive treatment, ask for a receipt and keep it. The records you maintain could be used as evidence in your claim when pursuing compensation.
If you have more questions about compensation for a back injury at work claim, get in touch with one of our advisers now.
Examples Of Accidents Causing Back Injuries
The HSE recognises the risk of back pain and injury in the workplace and offers steps employers could take to help workers both manage and avoid the risk.
It recommends that employers:
- Avoid work activities that can lead to back pain, whenever they can
- Assess activities to see if they could reduce the risk of back pain
- Apply helpful measures they have identified and review and monitor them to make sure they work
- Address health and safety concerns.
This shows what the duty of care asks of employers. It encourages them to recognise where risks could arise from in work and to take actions to reduce said risk.
Actions an employer could take to help avoid employees suffering back injuries at work include:
- Performing risk assessments: This could help them identify possible hazards, like slippery surfaces, and implement measures to help avoid a fall and injury
- Providing training: Manual handling carries a risk of injury. Employers could provide training to avoid employees injuring themselves from improper lifting techniques
- Limiting activities: Weight limits and regular breaks from strenuous tasks can help avoid injuries.
If your employer did not do enough to reduce the risk of harm in your work, they could be liable for any injuries you sustained as a result.
Our advisers can offer more information on determining employer liability in back injury at work claims. You can contact them now for a free consultation.
How To Make A Successful Back Injury Claim
You can strengthen your claim by collecting evidence to support it. You can collect evidence to prove that you sustained an injury and that your employer breached the duty of care that they owed you.
Evidence of the injury can be important. Pictures of the injury from the day of the accident or records of medical treatment you have received could act as evidence. However, for use in the claim, an independent medical assessor could be appointed to assess your injuries.
Other evidence you can collect is evidence of your employer breaching their duty of care to you. It could be evidence of:
- A hazard your employer had failed to address, such as a loose barrier
- Your employer not carrying out tasks required of them by health and safety laws (for example, risk assessments)
You can collect it in the form of;
- Photographs or similar recordings of the hazard in question.
- Witnesses. Collect the contact details of witnesses to either the hazard or your employer acting negligently.
- Documents that show health and safety procedures were not being carried out; for example, a maintenance schedule that showed the last inspection of a piece of machinery was missed.
A personal injury solicitor could offer you specific advice on how to successfully make your back injury at work claim. You can speak to one of our advisers now to see if they could put you through to one of our lawyers.
Do No Win No Fee Agreements Make A Difference?
No Win No Fee agreements (or Conditional Fee Agreements) aim to make legal representation available to more people by removing the traditional barriers of upfront solicitor’s cost.
A No Win No Fee solicitor would not charge you an upfront fee or ongoing fees for their services. Payment would only be taken as a success fee on the condition that your claim was successful and you were awarded compensation.
This success fee would be a percentage of your compensation, deducted before you receive it. If your claim was not successful, you would not have to pay them for their services.
Our solicitors offer No Win No Fee agreements and could represent you in your back injury at work claim. You can get in touch now to see if one of our lawyers could represent you.
Make A Back Injury At Work Claim
Our advisers are available for free initial consultations. They can offer legal advice and more information on steps to take to successfully make a back injury at work claim. You can contact them now using:
- The number at the top of the page
- Our contact page
- The live chat feature
Further Information About Back Injury At Work Claims
For more information that could be useful to you;
- Managing manual handling injuries with safe lifting tips & techniques.
- Information on how to cope with back pain
- The government website offers information on how to claim Statutory Sick Pay if you are unable to work.
Other Injury At Work Claims Guides
- Injury At Work Claims – Compensation Examples
- How Long Does A Work Injury Claim Take?
- Can I Make A Foot Injury At Work Claim?
- How To Claim Compensation For A Shoulder Injury At Work
- How To Find Workplace Injury Solicitors
- How to Make a Successful Work Injury Claim
- How To Prove A Back Injury At Work Claim
- Injury At Work Claim Calculator
- Is There an Average Payout for Back Injury at Work Claims?
- The Work Injury Claim Process Explained
- What Is The Injury At Work Claim Time Limit?
- Where Can I Find Injury at Work Solicitors?
- Work Accident Solicitors Explained
Thank you for reading our guide on back injury at work claims. Please get in touch with our advisers with any more questions you might have.
Writer Marlon Corke
Publisher Fern Strauss