If you have experienced a spinal injury from an accident at work, you could be eligible to claim for compensation. Personal injury claims aim to return people to the state they were in before an accident as much as is possible. You may be entitled to compensation for the physical or psychological injuries you suffer as well as any financial losses incurred as a result of your injuries.
Spinal injury from an accident at work claims guide
To be able to claim, your employer must have breached their duty of care, leading to you being injured. A breach of duty of care that causes an injury is known as negligence.
You might be wondering:
- How do I make a work injury claim?
- How much compensation for a spinal injury could I get?
- What are the benefits of using accident at work solicitors to claim?
This guide aims to answer all of those questions. We will also explore key information in terms of the claims process, such as the evidence that can be acquired to support your claim and how long you have to begin the process of claiming.
You can also speak directly with an advisor from our team if you would like to. They can offer you a free consultation 24/7. Furthermore, if you have a valid case, they could provide you with a solicitor. To get in contact:
- Call 0800 073 8805
- Complete our ‘start your claim’ form online
- Use the live chat
Choose A Section
- A Guide To Claiming For A Spinal Injury From An Accident At Work
- When Are You Eligible To Claim For A Spinal Injury From An Accident At Work?
- Spinal Injury Compensation Payouts – What Compensation Could You Receive?
- Potential Evidence That Could Help You Claim For A Spinal Injury From An Accident At Work
- Why Use Our No Win No Fee Accident At Work Solicitors To Help You Claim?
- Learn More About How To Claim For An Accident At Work
A Guide To Claiming For A Spinal Injury From An Accident At Work
There are many ways that a spinal injury from an accident at work may occur, and this kind of injury could be sustained in a number of different work environments. For example, you could suffer an injury in an office, warehouse, factory, retail or delivery job.
The spinal injuries that might be sustained in an accident at work could include:
- A pulled muscle or strain
- A slipped disc
- Sciatica or other nerve damage
- A fracture or break
Because the spine is such an important part of the body, injury to it could seriously impact your quality of life. The severity of the accident you are involved in could determine how much compensation you could be awarded.
To have a valid claim, you must be able to prove that:
- You were owed a duty of care by your employer
- This duty was breached
- You suffered injuries as a direct result of the breach
If you would like to find out more about how to claim for a spinal injury, please speak with our team of advisors.
When Are You Eligible To Claim For A Spinal Injury From An Accident At Work?
The duty of care that is owed by employers is set out in the Health and Safety at Work etc. Act 1974. This central piece of legislation states that employers must take all reasonable steps to prevent injury to employees.
Failure to adhere to this legislation, leading to you sustaining an injury, could see an employer liable for the harm you experienced As a result, you may be able to claim.
Examples of how this may occur could include:
- Your employer does not clean up a spill of liquid on a shop floor within a reasonable amount of time. As a result, you slip and fall on a wet floor and sustain a back injury.
- Your employer gave you a faulty office chair that falls apart when you sit on it. Consequently, you endure a back injury after you fall to the ground.
- One of your colleagues is tasked with using a forklift without receiving the necessary training. Subsequently, they lose control of the vehicle, and you are involved in a forklift accident, injuring your back.
You may be entitled to claim even if your accident does not match the scenarios above. Please do not hesitate to contact a member of our team for more details.
Spinal Injury Compensation Payouts – What Compensation Could You Receive?
If you receive compensation, the compensation you get may comprise of two heads. Firstly, you could receive general damages for any physical or emotional pain and suffering caused by your injuries.
For example, not only could you be compensated for your spinal injury from an accident at work, but if it also leads to you suffering from stress or anxiety, you could also receive compensation for that.
We have included figures taken from the Judicial College Guidelines (JCG) to help you understand how much you may be awarded. This is a document that solicitors use to help them value claims. However, these figures are not guaranteed and should only be used as guidance. This is due to each accident workplace injury claim being different, which is reflected in the settlement amounts.
| Injury | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Tetraplegia | Paralysis (Below Neck) | £324,600 to £403,990 | Award affected by pain and life expectancy. |
| Paraplegia | Paralysis (Below Waist) | £219,070 to £284,260 | Award affected by pain and life expectancy. |
| Back | Severe (i) | £91,090 to £160,980 | Very serious symptoms caused by damage to the nerve root. |
| Back | Severe (ii) | £74,160 to £88,430 | An injury for instance, nerve root damage that cause issues with mobility. |
| Back | Severe (iii) | £38,780 to £69,730 | Injuries that include disc lesions or fractures of discs that lead to chronic conditions. |
| Back | Moderate (i) | £27,760 to £38,780 | Injuries to lumbar vertebrae with risk of osteoarthritis and constant pain and discomfort. |
| Back | Moderate (ii) | £12,510 to £27,760 | Disturbance of ligaments causing backache. |
| Back | Minor (i) | £7,890 to £12,510 | A full or nusiance level recovery is made within 2-5 years without surgery being required. |
| Back | Minor (ii) | £4,350 to £7,890 | A full recovery takes place between 1-2 years without surgery. |
| Back | Minor (iii) | £2,450 to £4,350 | A full recovery takes place without surgery within 3 months to 1 year. |
When Can You Receive Special Damages Compensation In An Accident At Work Claim?
You could also receive special damages, which reimburses you for any financial losses incurred due to your injuries. For example, a disabling back injury could force you to make home adaptations which might be covered by special damages.
Special damages could also cover:
- Loss of earnings
- Travel costs
- Medical costs
It is advisable to provide evidence of any monetary losses to be reimbursed for them, which will be expanded on in the next section.
Additionally, you can speak with an advisor from our team who can offer you a more personalised assessment regarding the compensation you might receive.
Potential Evidence That Could Help You Claim For A Spinal Injury From An Accident At Work
As previously mentioned, you must be able to prove that you were injured due to employer negligence. You can do this by gathering evidence.
Seeking medical attention after an accident at work allows you to be treated for the injuries you may experience and generates medical records that can be used as evidence. You could also:
- Fill out the accident at work book
- Acquire CCTV evidence of the accident
- Photograph the scene of the incident and/or the injuries that were caused
- Gather witnesses’ contact details for statements
Lastly, you could seek legal advice as you look to begin your claim. Our advisors can help you by providing free legal advice at a convenient time for you. They could also provide you with more information regarding the evidence that can be gathered to support your work injury claim if you get in touch.
Is There A Work Injury Claim Time Limit?
Typically, a personal injury claim must be started within 3 years. According to the Limitation Act 1980, this timeframe may begin from:
- The date the accident occurred
- The date you associated your injury with employer negligence
There are some instances in which this time limit can be suspended. For example, if the claimant is mentally incapable of claiming themselves or is under the age of 18, then the time limit is suspended.
They have 3 years in which to start their own claim in the event that they become able to claim themselves. Alternatively, they could have a litigation friend claim on their behalf. This could be any trusted adult who can act in the claimant’s best interests.
For more details regarding litigation friends and the time limits surrounding claims, please speak with an advisor.
Why Use Our No Win No Fee Accident At Work Solicitors To Help You Claim?
Using legal representation with a No Win No Fee agreement in place can have many financial benefits for claimants. One of the workplace injury solicitors from our panel take away much of the stress associated with claiming, but they may offer you a Conditional Fee Agreement (CFA) with many benefits, including no upfront or ongoing payments.
Entering a CFA generally means that you won’t have to pay for the services your solicitor provides if your case is lost. Therefore, you only have to pay for the services provided by your solicitor if your case is won.
Under these circumstances, a capped success fee will be subtracted from the compensation that you are awarded and paid to your solicitor.
If you would like to find out whether you can be represented with a No Win No Fee agreement in place, get in contact with one of our advisors.
Contact Us For Free Legal Advice – See If You Can Make An Accident At Work Claim
A member of our can provide you with a free consultation to answer any questions you may have in regard to the work injury claims process. if you are entitled to claim, they could put you in contact with a workplace accident solicitor. You can get in touch by:
- Calling 0800 073 8805
- Completing our start your claim form online
- Using the live chat
Learn More About How To Claim For An Accident At Work
We have provided you with links to some more of our own guides that might be of use to you:
- Injury at work while self-employed
- Why is it important to report an accident at work?
- Claiming for an industrial injury
Moreover, we have included further guides that could be useful:
- NHS – Back pain
- GOV – Statutory Sick Pay
- Health and Safety Executive – Employer’s responsibilities
We hope this guide is helpful when claiming for a spinal injury from an accident at work.
Writer Beck Pill
Publisher Fern Strauss