By Daniel Janeway. Last updated 8th July 2022. Have you been injured in an accident which was not your fault? Did you suffer a back injury at work, on the roads or in a public place? if your injury was due to a breach in the duty of care that was owed to you, you may be eligible to make a claim for compensation. Back injury compensation payouts can vary greatly. This online guide Illustrates how using a No Win No Fee lawyer can adequately value your settlement and dramatically improve your payout amount.
There is an example case study to illustrate how it might be possible to receive £23,500 in general and special damages. We discuss the duty of care, how it could be breached and how a personal injury lawyer can correctly value your claim without relying on online ‘compensation calculators’ that are not always that accurate.
Accident at work back injury compensation
If you’re ready to proceed with a claim or would like further information, you can speak to us at any point through this article by either calling us direct at 0800 408 7825 or by emailing us here.
Select a Section
- A Guide To Calculate Compensation For An Accident At Work Back Injury
- What Is A Back Injury?
- Workplace Accidents Financial Issues
- Examples Of Accidents At Work
- Care Claims For Negligence
- Back Injury Compensation Payouts 2022
- Case Study: £23,500 Compensation For An Accident At Work Back Injury Claim
- Expert Compensation Calculation Estimates
- No Win No Fee Personal Injury Lawyers For Back Injury Claims At Work
- Look For The Best Personal Injury Lawyers For Back Injury Claims At Work
- We Can Help With Back Injury Claims At Work
- More Advice On Back Injury Claims At Work
A Guide To Calculate Compensation For An Accident At Work Back Injury
If you were hurt at work, it is possible that it happened because of your employer’s negligence or another employee. To hold a valid compensation claim against your employer you must be able to show negligence. This could be proving that they failed to adhere to health and safety laws. When involved in an incident at work that causes an injury it is important to have this accident logged. Always look to seek medical attention. And try to gather as much evidence at the scene of the incident in case you decide to pursue a claim.
It is not a necessity to use a solicitor but they may greatly improve the chances of having a successful claim. They can also ensure that you are compensated correctly and that all damages are included. We hope to simplify the process and explain how the first step is to ask three crucial questions to clarify your case:
- Who had the duty of care to me?
- How was that duty of care breached?
- Did it directly result in my suffering injuries?
Once you feel confident you would not have suffered an injury if the duty of care had been in place, we look at proving your injuries and how a personal injury lawyer could calculate your settlement amount to its full potential.
What Is A Back Injury?
Anything that caused impact or collision with your back has the potential to damage it. Lifting or trying to move heavy items can also easily injure the back, causing problems that can be severe and long-lasting at any point along the spine. Debilitating and challenging to repair quickly. Back injuries can be all too easy to suffer but life-altering and devastating in their consequences.
Suppose you are reluctant to start a negligence case against your employer or a private operator. In that case, it’s worth remembering that by law, all companies have employers’ liability insurance for precisely this sort of accident. The laws around duty of care and safety are strict with the Health And Safety At Work etc. Act 1974 and The Occupiers’ Liability Act 1957 clearly state the expectations of companies to safeguard you at work or in public. Failure on their part affects their insurance, not the company itself.
Although not strictly a law, the Highway Code also asks road users to demonstrate a duty of care to each other, irrespective of the driver’s age or experience. This guide even recognises that to safeguard everyone who uses the roads, it is advisable to drive with the anticipation that some motorists may be wrong or reckless drivers and anticipate that risk.
Workplace Accidents Financial Issues
Our ability to earn and support ourselves is directly linked to our health and our ability to work. If you suffered injuries you might not be able to work. If damages have left you adversely impacted and unable to provide appropriately for yourself as you recover, a No Win No Fee lawyer could help.
Back injury claims at work can be calculated to include special damages, which is a way for you to recoup all the injury’s tangible losses. Such things as loss of earnings, loss of future work opportunities and any amounts paid out to help you care and cope during your recovery can all be included under this heading in your settlement case.
Examples Of Accidents At Work
Low standards can create a hazardous environment, whether lacking maintenance, inadequate inspection procedures, insufficient training or general lack of attention. Any of these issues could result in causing an accident in which you are injured. Statistics show an alarming rate of accidents were reported during 2019/20, and the roads are also fraught with potential risk. Some examples of back-related injury at work could include:
- Slipping or tripping and landing badly
- Falling from any sort of height
- Falling stairs in poorly lit areas
- Suffering impact or collision from a heavy object
- Repetitive tasks and incorrect posture, bending and twisting.
- Discomfort from inadequate seating or incorrect procedures
- Weather extremes of damp, cold or wet
- Long periods without breaks
Numerous other scenarios could cause back injury and if you’re unsure as to how valid your reason is, please speak to our team to discuss it further.
Care Claims For Negligence
Back injuries at work can often involve the need to seek care as you recover. There are two recognised ways care claims can be reimbursed. The care of family or friends is referred to as ‘gracious care’, and the courts will recognise an hourly rate for the time that relatives had to spend looking after you. They could form part of your special damages.
In cases where the family cannot help, it might be necessary for a professional carer to come into your home to help you wash, clean, cook, and attend personal care. The cost of self-funded care can be very high. If you needed to fund your care, these costs could erode your savings or create personal debt quickly.
A No Win No Fee lawyer can help capture these costs by listening to your experience and using their expertise to include all the potential expenses the injuries have created for you.
Back Injury Compensation Payouts 2022
When legal professionals are calculating the value of your compensation payout, guide figures can be helpful. To assist them in the valuation process, they can often make use of a few different resource so that an appropriate figure can be arrived at. The amount that is awarded for your pain and suffering is called general damages.
In this section, we have made sure to include some example figures from a publication called the Judicial College Guidelines (JCG). It was most recently updated in 2022. As you can see, varying degrees of back injury are listed, with a range of figures alongside each entry. Injuries deemed to be more extreme tend to be worth more that ailments of a more minor nature.
The figures have been based on past court cases. However, they do not serve as a guarantee. Your claim needs to be assessed, with your specific circumstances being taken into account before a more accurate calculation can be made. If you want to know how much back injury compensation you could be owed, get in touch with our advisors today.
| Injury | Description | Amount |
|---|---|---|
| Paralysis | (b) Paraplegia | £219,070 to £284,260 |
| Back | (a) Severe – (i) Spinal cord/nerve roots will have sustained damage | £91,090 to £160,980 |
| Back | (a) Severe – (ii) When certain symptoms are present that take them above the severity of lower payouts | £74,160 to £88,430 |
| Back | (a) Severe (iii) – For instance, disc lesions or fractures | £38,780 to £69,730 |
| Back | (b) Moderate – (i) Compression/crush fractures, for example | £27,760 to £38,780 |
| Back | (b) Moderate – (ii) For instance, the disturbance of muscles and ligaments | £12,510 to £27,760 |
| Back | (c) Minor – (i) When within 2-5 years a full recovery is made | £7,890 to £12,510 |
| General psychiatric damage | (a) Severe – The claimant will have marked problems and the prognosis will be very poor | £54,830 to £115,730 |
| Post-traumatic stress disorder | (c) Moderate – The person will have made an almost complete recovery | £8,180 to £23,150 |
| Mental anguish | (E) The fear that your injuries may cause your lifespan to be reduced, or that you may die as a result | £4,670 |
You could also be eligible to receive special damages. This payment is to reimburse you for costs including (but not limited to) loss of earnings or medical expenses that are associated with your injuries. You will need to provide evidence such as receipts for each cost in order to be reimbursed.
For more information on special damages, reach out to our advisors today.
Case Study: £23,500 Compensation For An Accident At Work Back Injury Claim
Mr Roberts was asked to work extra shifts due to a large order at the processing plant where he worked. Keen to earn the overtime, he soon regretted his decision to stand at the same station for hours without a break. Although he complained to his supervisor, the company simply informed him that he could forego the overtime if he didn’t like it.
Later that evening, a dull, constant ache started in his lower back and worsened as the evening continued. Preventing him from sleeping, by the early morning he was in so much pain he was unable to move. His concerned wife called the doctor and arranged an emergency appointment for him.
A medical professional confirmed that standing in the same position for a prolonged period had created a swollen disc in his spine. It was now incredibly inflamed and out of alignment. The recovery period could be anywhere between several weeks to several months to heal.
Over the next few weeks, Mr Roberts’ condition worsened, and he spent a great deal of time convalescing in bed. As he was unable to work, his home and life’s regular running was put on hold as doctors suggested possible ways to treat his back complaint. Financially, the family were growing very worried about how to pay for things.
At this point, Mr Roberts decided to speak to a No Win No Fee lawyer. He had time to consider properly what had led up to his illness and thought that his work was negligent in their duty to ensure that he was working as safely as possible. They expected him to stand at an awkward position moving heavy boxes for hours on end. This created severe back pain and he felt they were liable. The lawyer agreed.
Settlement Agreed
After collecting the evidence from several medical assessments, a personal injury solicitor could proceed with back injury claims at work on his behalf. The case was settled in his favour, and he was awarded £23,500 in damages from his employer. This included general damages and special damages.
Whilst our case study is merely an example not based on an actual real-life case, it does illustrate how a claim for compensation may come about. Solicitors may be able to see damages in your claim that you are entirely unaware of and show you how to present this as evidence in your compensation case correctly.
Expert Compensation Calculation Estimates
Online compensation calculators offered on some websites may seem to provide on the spot settlement amounts. However, when you speak to a No Win No Fee lawyer you get a much more accurate assessment of potential payouts.
It is important to remember that compensation amounts are never guaranteed. If your case is eligible for consideration; it can be possible to use general and special damages to boost your payout similar to Mr Roberts:
| General damages | Special damages |
|---|---|
| Bulging/slipped disc £15,000 | Loss of earnings – £3,300 |
| Care costs £1,000 | |
| Physiotherapy and counselling costs – £1,500 | |
| Travel costs to hospital and therapy appointments – £200 |
|
| Loss of attendance bonus at work – £1,000 | |
| Lost deposit for a holiday he could not attend – £1,500 |
You can speak to us today if there are any points about your case you would like clarification on. If you are not sure who could be liable or just want to talk over what happened that day, our friendly team are available 24/7 to take your call.
No Win No Fee Personal Injury Lawyers For Back Injury Claims At Work
You may be familiar with this expression but not sure as to how it actually could work for you. This sort of agreement allows any claimant access to legal help regardless of their financial situation. There are many advantages to using a No Win No Fee solicitor, such as:
- No fees to pay upfront to your solicitor
- No fees to pay your solicitor while the case is ongoing
- If your case does not win, there are no costs to pay the solicitors at all
- If your case wins you only need to pay a small ‘success fee’ which is capped by law to remain as low as possible
- The bulk of the compensation goes directly to you
- You do not have to pay the success fee until you have received the full payout from your employer
- You receive top-quality legal support and advice throughout your case.
Look For The Best Personal Injury Lawyers For Back Injury Claims At Work
You can find No Win No Fee lawyers online, but internet searches can create so many results that it may confuse you rather than assisting in your inquiry. Reviews are helpful too, as they give a direct ‘window’ into essential points such as:
- How quickly do they settle back injury claims at work?
- Can they properly value your claim?
- Is the client communication good?
Confirming these points can help in your search. Alternatively, we can help. When you speak to our team, they can assess your eligibility over the phone. If you have substantial grounds for a liability case, we can connect you with a panel of personal injury solicitors with the expertise to help.
We Can Help With Back Injury Claims At Work
If this guide has helped in your decision to launch a personal injury claim for your back accident in the workplace, in public or during a road traffic accident, please feel free to contact us to discuss how we could help. You can:
- Call us direct on 0800 408 7825
- Write to us here
- Speak to our ‘live support’ option, bottom right
Thank you for reading our guide. Below are further links to more information about back injury claims at work.
More Advice On Back Injury Claims At Work
More information about making a claim against the council
Further reading on the type of accident hot spots to look out for
More information on accidents that happen while out shopping
For more information about back pain management, please read here
Further statistics on workplace accidents and types, please read here
For help using NHS services, please read here
Article by EA