Your Guide to Making a Back Injury at Work Claim
If you have suffered a back injury at work you are not alone. Back injuries at work are extremely common and statistics show that this type of injury is the most prevalent of all in the workplace with an amazing 120 million work days lost every single year.
In view of the risk of back injury in the workplace employers are under a clear and strict duty to protect you by putting in place procedures to minimise the risks.
If the correct training or protective steps are not implemented by your employer you may well have grounds for bringing a back injury at work claim.
How Serious is Your Back Injury?
There are a whole range of different back injuries that you can suffer in the workplace.
Commonly back injuries include sprains and strains to tendons and ligaments as well as fractured vertebrae and herniated disks.
The time period that a back injury can take to recover varies enormously depending upon the particular type of injury.
Happily some symptoms are short lived.
But at the other end of the scale the more serious injuries which result in chronic ongoing pain can involve complicated surgery and intensive rehabilitation.
Either way it is important that you find a specialist solicitor who is able to represent you and give you the best chance of succeeding with your claim for compensation.
Are You able to make a Back Injury at Work Claim?
The first thing to highlight is that your accident must have happened in the last 3 years.
The basic rule is that if you were injured at work more than 3 years ago it is too late for you to claim now.
It is also necessary for your lawyer to be able to argue that the injuries you sustained were caused by your employer (or another party).
Your employer has a long list of duties and responsibilities for health and safety management which is owed to you and your colleagues.
These duties include:
- Properly training you and keeping your training up to date;
- Providing the appropriate protective equipment
- Carrying out all relevant risk assessments
If your employer is not managing the risks properly or failing to carry out their legal duties then this will certainly help when bringing your claim.
What if you already had a Back problem?
Many of our Clients have had problems with their back before their accident.
It’s still possible to claim compensation provided the medical expert is able to say that the accident has aggravated the condition.
The medical expert will review matters and take into account your instructions and then arrive at a conclusion.
How Can We Help You?
We have specialised in bringing back injury at work claims for many many years and we know exactly what we need to prove and the evidence required to succeed.
We are here to answer any questions that you would like to ask about any aspect of your claim.
If you are unsure about your back injury claim’s prospects of success then we would be delighted to give you our opinion.
We know that it’s a big step to bring a claim against your employer and we can discuss any concerns you may have and can reassure you where possible.
Over the years our team of dedicated and experienced solicitors have brought claims covering a whole range different type of accidents at work involving back injuries.
Here are a just a few examples:
- Back injuries sustained by lifting heavy objects without training or proper risk assessments;
- Slipping or tripping accidents whilst at work can often cause a jarring to the back;
- Construction Injuries are testament to construction sites being dangerous places to work and falls from even a small distance can cause a back injury;
- Chairs sometimes collapse as a consequence of a manufacturing defect or a failure to check that they are in good working order. These type of accidents can be particularly painful and lead to troublesome symptoms.
Whatever type of back injury at work you have suffered we have the knowledge and expertise to help you.
We will offer you clear and helpful advice at all times and you can expect to receive a sympathetic and friendly service you can rely upon.
Are You Going to Win Your Back Injury Compensation Claim?
In order to win your claim then you will need to be able to show that your employer (or another party) was at least partly responsible for your accident.
Each claim needs to be carefully assessed and considered.
Some claims will be straightforward with the Employer’s insurer readily admitting liability at an early stage.
Other claims can be much more difficult to win depending on the circumstances of the accident.
- There’s no doubt that in claims where there is a dispute you will benefit by having appointed an experienced accident at work solicitor who will know exactly what evidence is needed.
- They will also be able to present your claim in the best way placing the defendant under maximum pressure to settle.
In a nut shell you have a much better chance of securing the right result if you choose the right solicitor for your accident at work claim.
How Much Compensation are You likely to Receive?
- The answer to this question depends upon your individual circumstances – much depends upon the seriousness of the back injury, whether there are legitimate grounds for arguing that you were in some way to blame for the accident and a host of other factors.
- The best way of finding out the likely value of your claim is to speak to us and we will be delighted to discuss your claim and give you an indication of the level of compensation involved.
- Generally speaking awards of damages for pain and suffering are laid down by the Judicial College and published in the Judicial Studies Guidelines (JSB). This publication sets out a comprehensive range of injuries and it is the first port of call for practitioners when looking to establish a general bracket of damages for a particular injury.
In terms of the compensation of back injuries specifically we have copied below the current JSB guidelines which give the broad brackets of awards:
(i) Cases of the most severe injury involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences not normally found in cases of back injury. There will be severe pain and disability with a combination of incomplete paralysis and significantly impaired bladder, bowel and sexual function.
£79,890 to £141,150
(ii) Cases which have special features taking them outside any lower bracket applicable to orthopaedic injury to the back. Such features include nerve root damage with associated loss of sensation, impaired mobility, impaired bladder and bowel function, sexual difficulties and unsightly scarring.
£65,030 to £77,540
(iii) Cases of disc lesions or fractures of discs or of vertebral bodies or soft tissue injuries leading to chronic conditions where, despite treatment (usually involving surgery), there remain disabilities such as continuing severe pain and discomfort, impaired agility, impaired sexual function, depression, personality change, alcoholism, unemployability and the risk of arthritis.
£34,000 to £61,140
(i) Cases where any residual disability is of less severity than that in (a)(iii) above. The bracket contains a wide variety of injuries. Examples are a case of a compression/crush fracture of the lumbar vertebrae where there is a substantial risk of osteoarthritis and constant pain and discomfort; that of a traumatic spondylolisthesis with continuous pain and a probability that spinal fusion will be necessary; a prolapsed intervertebral disc requiring surgery or damage to an intervertebral disc with nerve root irritation and reduced mobility.
£24,340 to £34,000
(ii) Many frequently encountered injuries to the back such as disturbance of ligaments and muscles giving rise to backache, soft tissue injuries resulting in a prolonged acceleration and/or exacerbation of a pre-existing back condition, usually by five years or more, or prolapsed discs necessitating laminectomy or resulting in repeated relapses. The precise figure will depend upon a number of factors including the severity of the original injury, the degree of pain experienced, the extent of any treatment required in the past or in the future, the impact of the symptoms on the injured person’s ability to function in everyday life and engage in social/recreational activities and the prognosis for the future.
£10,970 to £24.340
This bracket includes less serious strains, sprains, disc prolapses and soft tissue injuries. As with minor neck injuries, whilst the duration of symptoms will always be important, factors such as those listed below may justify an award in either a higher or lower bracket.
- the severity of the original injury;
- the degree of pain experienced and the consistency of symptoms;
- the extent to which ongoing symptoms are of a minor nature only;
- the presence of any additional symptoms in other parts of the anatomy, particularly the neck;
- the impact of the symptoms on the injured person’s ability to function in everyday life and engage in social/recreational activities;
- the impact of the injuries on the injured person’s ability to work;
- the extent of any treatment required;
- the need to take medication to control symptoms of pain and discomfort.
(i) Where a full recovery or a recovery to nuisance level takes place without surgery within about two to five years. This bracket will also apply to shorter term acceleration and/or exacerbation injuries, usually between two to five years.
£6,920 to £10,970
(ii) Where a full recovery takes place without surgery between three months and two years. This bracket will also apply to very short-term acceleration and/or exacerbation injuries, usually less than two years.
£2,150 to £6,920
(iii) Where a full recovery is made within three months.
Up to £2,150
How much will it cost to run my Back Injury Claim?
- We know from years of acting for hundreds of clients that their number one concern is the question of having to pay legal costs if things don’t turn out right.
- You need not worry – you will have no hidden charges if you appoint us to be your solicitors and we operate a genuine No Win No Fee Agreement
- This means you can be safe in the knowledge that whatever happens, if your claim is lost for any reason, you will walk away without any legal fees to pay.
Take the Next Step….
Hopefully you can see that it makes sense to contact us whatever your query might be.
We offer a no strings attached consultation for all our clients.
At the end of the conversation we will let you know whether we consider your claim is likely to be successful – don’t forget we have been doing this for years so our opinion is one worth having!
Once we have assessed your claim we can discuss the next steps and if you want you can leave the rest to us!
Please allow us to let our past clients do the talking for us here.
Carter & Carter Solicitors
Hear a few words from one of our happy clients
“Mrs Smith came to us for help after suffering a nasty injury while visiting one of the large fast food restaurants. She told us: "Not knowing anything about these claims cases I was very reassured and kept up to date every step of the way. The stress was taken away from me, while Chris Carter dealt with everything. Thank you very much Christopher I really appreciate everything and I am highly satisfied with my damages claim."
Ms Betty Smith from Rotherham