This guide will explore whether you could be eligible to make a personal injury claim if you injured your back at work, including how long you have to do so.
Injured back at work claims guide
Back injuries can vary in severity with some being more severe and causing permanent issues and others being more minor and recovering in a short period of time. In some cases, you could be eligible to seek compensation for the way your injury has affected you and your life. We will explore the compensation you could be awarded if you make a successful claim.
Employers owe a duty of care to prevent their employees from experiencing harm in the workplace. We will discuss how a breach of this duty could cause an employee to sustain harm, such as a back injury, in the workplace.
Additionally, we will look at the steps you could take after becoming injured at work, including gathering evidence and seeking legal advice.
For more information, you can speak with an advisor. To reach them, you can:
- Contact us online
- Call us using the number at the top of the page
- Message us directly on our ‘live chat’ feature below.
Select A Section
- How Long Do You Have To Start An Injured Back At Work Claim?
- When Are You Eligible To Make An Injured Back At Work Claim?
- How Much Compensation For A Back Injury At Work Could I Receive?
- Make A Claim Using Our Panel Of Accident At Work Solicitors
- Learn More About Making A Claim For A Back Injury At Work
How Long Do You Have To Start An Injured Back At Work Claim?
Generally, the standard claim time limit for beginning a personal injury claim is three years from the date of the accident. This is outlined in the Limitation Act 1980.
However, there can be mitigating circumstances that extend this period. For example, if the person who has sustained injuries lacks the mental capacity to claim, the time limit is paused indefinitely. This allows a suitable person to apply to the courts to act as a litigation friend and begin the claim on the injured person’s behalf.
The time limit restarts from the date of recovery, meaning the person has three years from this date to begin their own claim. if one has not already been started for them.
Similarly, if the injured person is a minor, the time limit is suspended until their 18th birthday. While it’s paused, a court-appointed litigation friend can begin the claim on their behalf. If this is not done, the child will have three years from the date they turn 18.
To learn more about these exceptions and whether any of them could apply to your specific case, get in touch on the number above.
When Are You Eligible To Make An Injured Back At Work Claim?
In order to begin a personal injury claim for a back injury following an accident at work, you must be able to demonstrate the following:
- Your employer owed you a duty of care.
- There was a breach in the duty of care they owed.
- This breach led to you becoming injured, physically or psychologically. This is defined as negligence, for which you could seek personal injury compensation.
The duty of care your employer owes is outlined under the Health and Safety at Work etc. Act 1974. It states an employer must take steps that are considered both reasonable and practical to ensure a safe workplace.
There are several ways an employer could fail to uphold this duty of care, such as:
- Failing to provide adequate training, such as for manual handling tasks
- Failing to maintain equipment
- Not carrying out regular risk assessments
- Not providing personal protective equipment that is necessary to reduce the risk of harm
If you have injured your back at work after your employer breached the duty of care they owed you, please get in touch to find out if you’re eligible to seek compensation.
How Much Compensation For A Back Injury At Work Could I Receive?
A successful personal injury claim could mean you’re awarded a settlement consisting of compensation for the pain and suffering caused by your injuries. This is awarded under general damages.
The amount of compensation awarded will differ depending on your specific injury. However, solicitors can use the Judicial College Guidelines to help them calculate how much your injury is worth.
We have used the guideline compensation brackets from this document in the table below. Please only use them as a guide.
Injury Guideline Value Notes
Severe back injuries (i) £91,090 - £160,980 Injuries involving damage to spinal cord and nerve roots, leading to combination of serious consequences.
Severe back injuries (ii) £74,160 - £88,430 Cases in this bracket have special features, such as damage to the nerve roots alongside sensation loss and an effect on mobility.
Severe back injuries (iii) £38,780 - £69,730 Disc lesions or fractures, vertebral fractures, or soft tissue injuries leading to chronic conditions.
Moderate back injuries (i) £27,760 - £38,780 Lumbar vertebrae fractures causing ongoing pain and discomfort.
Moderate back injuries (ii) £12,510 - £27,760 Disturbance of ligaments and muscles causing backache.
Minor back injuries (i) £7,890 - £12,510 Less serious strains and sprains that fully recover within 5 years.
Minor back injuries (ii) £4,350 - £7,890 Full recovery from similar injuries to above within two years.
Claiming For Special Damages In A Work Injury Claim
You could also be awarded compensation to address any financial losses incurred due to your injury under special damages. As such, you could claim back the cost of:
- Travel. You can keep hold of travel tickets as evidence of this loss.
- Medical care. Prescriptions and receipts can help prove this loss.
- Loss of income. You can keep a copy of your payslips as evidence of any lost earnings.
For more information on the compensation you could receive if you injured your back at work, get in touch on the number above.
Make A Claim Using Our Panel Of Accident At Work Solicitors
There are different types of No Win No Fee agreements including a Conditional Fee Agreement. This particular type of contract could be offered to you by a solicitor from our panel. This generally means the following:
- Following an unsuccessful claim, no payment is required for your solicitor’s services.
- No payment for the work your solicitor does is required upfront or while your claim proceeds.
- After making a successful claim, you will pay a success fee from your compensation. This has a legal cap, meaning you can keep the majority of your compensation.
The personal injury solicitors from our panel also have experience handling claims following an accident at work and could help you gather evidence to support your case. They can also ensure you build and present a strong claim in full and within the relevant time period.
To find out whether they could represent your claim, get in touch with an advisor. They can assess whether you’re eligible to seek compensation after you injured your back at work and connect you with a solicitor. You can reach them via the following methods:
- Contact us online
- Call us on the number at the top of the page
- Talk to us using the ‘live chat’ feature on the website
Learn More About Making A Claim For A Back Injury At Work
Below, we have provided some more of our personal injury guides:
- Factory accident claims
- Forklift accident at work – How to make a claim
- Could I sue after having a construction site accident?
Additionally, we have provided some external resources that you may find helpful:
- Employer’s Responsibilities – Health and Safety Executive
- First Aid – NHS
- Statutory Sick Pay – GOV
Thank you for reading this guide on whether you could be eligible to claim after you injured your back at work and how long you have to do so. If you have any other questions, get in touch using the details provided above.
Writer Matthew Wright
Editor Meg McConnell
