By Marlon Marquardt. Last Updated 25th October 2024. This guide looks at who could be eligible to claim a bulging disc workers compensation settlement following a workplace accident. We’ll cover important aspects of making a claim, including what a bulging disc is, how such an injury could be caused and the eligibility criteria for making a claim.
You will also find information on how bulging disc compensation payouts in the UK are calculated under the relevant heads of loss. We have included a compensation table to aid your understanding.
Our final section looks at the No Win No Fee agreement offered by our panel of expert personal injury solicitors.
To learn more about making a bulging disc claim after an accident at work, or for a free assessment of your eligiblity, contact our advisory team today using the contact information given here:
- Call us at 0800 408 7825.
- Contact us online by completing the callback form.
- Open the live chat window on your screen
Choose A Section
- What Are Bulging Disc Injuries?
- Calculating The Average Bulging Disc Workers Compensation Settlement
- Am I Eligible For A Bulging Disc Workers Compensation Settlement?
- What Should I Do If I Suffered A Back Injury At Work?
- How Could A Bulging Disc Injury Be Caused By A Workplace Accident?
- What Are The Symptoms Of A Bulging Or Herniated Disc?
- No Win No Fee Bulging Disc Workplace Compensation Claims
- Begin Your Claim
- Quick References
What Are Bulging Disc Injuries?
If you are wondering ‘What is the average payout for a herniated disc?’ we should mention that a herniated disc is different to a slipped disc. When it comes to the average payout for a back injury of this type, a bulging disc workers compensation settlement could depend on the type and severity of the injury, and how it has affected you. We should therefore clarify what symptoms you could suffer and how severe they could be.
The spinal column is made out of discs, separated by cushions of soft tissue. Contrary to what many people feel happens when people suffer a slipped or bulging disc, it is not the disc itself that is pushed out of place. Instead, a bulging disc occurs when the soft tissue that cushions the vertebrae in the back or neck is pushed out. This cushion could press on nerves, and if it does it could cause a range of symptoms, such as:
- Pain (in the back or neck, but sometimes radiating down the arms and legs)
- Weakness
- Numbness
- Tingling
While some cases of bulging discs get better over time with painkillers, gentle exercise and rest, in other cases, such injuries could have long-term effects.
What Is The Difference Between A Slipped And Herniated Disc?
While with a slipped disc, the tough outer layer of cartilage is the only part that is involved, a herniated disc occurs when this outer layer cracks and the softer inner cartilage protrudes through the crack. A herniated disc is thought to be more likely to cause pain than a slipped disc, but both conditions could cause a person to experience inflammation and pain.
Calculating The Average Bulging Disc Workers Compensation Settlement
As every claim is different with settlements awarded on individual merits, knowing the average compensation for a herniated disc may not be useful for you. Compensation for a successful personal injury claim may consist of up to two heads of loss. These are general and special damages.
If you make a successful claim, compensation for the pain and suffering that your injury has caused you will be awarded under general damages.
Many factors can affect your general damages payout. For example, supporting evidence in the form of medical reports, photos of your injuries or personal testimony can help determine your compensation award.
In England & Wales, the Judicial College Guidelines (JCG) is also used by legal professionals to help value general damages. We have included a table below that shows you the JCG listings for disc injuries and other related injuries. This could show you what your settlement for a bulging disc could look like, but the figures shown are not guaranteed as every case is different. Please note that the first figure was not taken from the JCG.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Up to £350,000 or over |
| Neck injury | Severe (i) | In the region of £181,020 |
| Neck injury | Severe (ii) | £80,240 to £159,770 |
| Neck injury | Severe (iii) | £55,500 to £68,330 |
| Neck injury | Moderate (i) | £30,500 to £46,970 |
| Neck injury | Moderate (ii) | £16,770 to £30,500 |
| Back injury | Severe (ii) | £90,510 to £107,910 |
| Back injury | Severe (iii) | £47,320 to £85,100 |
| Back injury | Moderate (i) | £33,880 to £47,320 |
| Back injury | Moderate (ii) | £15,260 to £33,880 |
Your bulging disc compensation could also potentially include special damages, which is discussed in the section below.
Get in touch with our advisers to receive a personalised estimate or for more information on compensation payouts for disc injuries.
To learn more about compensation for suffering from a bulging disc or worker’s compensation, get in touch at any time.
Special Damages
Whilst we have discussed both general damages and special damages, this section offers some more insight into additional special damages examples. You can find them below:
- Damage to property – The accident that caused your injury may also have resulted in your personal property sustaining damage or even being destroyed. If so, the cost of these items being replaced or repaired could be included in a special damages payment.
- Pre-paid expenditures – For example, you could have paid for theatre tickets or even a holiday that you now cannot make use of due to your injury. The cost of these expenditures could be returned to you as part of your claim.
- Future losses – If your injury is very severe, then it could be that you are prevented from ever returning to work. If so, then the amount you could have earned until the date of your retirement could be calculated and awarded to you. You could also potentially be compensation for calculable future losses other than income.
If you have any questions about special damages and general damages then our advisors are always here to help in any way we can. Get in touch today.
Am I Eligible For A Bulging Disc Workers Compensation Settlement?
Now this guide has answered questions like, “what is the average payout for a herniated disc?”, this section will now go into more detail about claim eligibility. In order to claim compensation against your employer for an injury, you need to show that your injury was caused by their negligence.
This means showing that your injury was the result of your employer breaching their duty of care, which is established in the Health and Safety at Work etc. Act 1974.
Furthermore, you would also need to claim within the required time limit. In most standard cases, you have three years from the date of the accident to begin the compensation claim. However, there are exceptions to consider:
- In some instances, symptoms may not manifest for a while after the accident. If this is the case, you could use the date of knowledge (when you became aware of your injuries or that they were tied to negligence) as the start date of your 3 years.
- If you suffer an injury as a child, you have three years from when you turn eighteen to begin claiming. A claim can potentially be started before this time if a litigation friend is appointed.
- If a loved one wants to claim but lacks the mental capacity to do so, not only does the time limit freeze, but a litigation friend can be appointed to claim on their behalf. However, if they regain mental capacity, they would then have three years from that date to claim.
If you still have questions, such as, “how much compensation do you get for a herniated disc?”, please contact us for free to see if you’re eligible to claim and to receive a compensation estimate.
What Should I Do If I Suffered A Back Injury At Work?
If you suffer a back injury at work, there are some actions you could take to help yourself. These include:
- Seeking medical advice – This could provide a record that you’ve sustained an injury, and it could also ensure you receive advice on how to manage your injury. For example, with a cervical herniated disc, work restrictions may be recommended as part of your recovery. This may mean your doctor has to sign you off work so you can recover.
- Taking photographs – Evidence of how the accident occurred and caused your injury could involve taking photographs of the scene of an accident.
- Getting details of witnesses – If anyone witnessed the accident, you may wish to take down their details. They could be approached to give a statement as part of your claim.
- Speaking to a lawyer – If you’re intending on pursuing a claim to recover bulging disc workers compensation, it is not a legal requirement to have a lawyer. However, proving a bulging disc is work-related could be complicated, and a lawyer could help you build a strong case that your employer may find hard to refuse.
How Could A Bulging Disc Injury Be Caused By A Workplace Accident?
A workplace accident could lead to someone claiming bulging disc workers compensation if it could be proved that the accident could have been avoided by the employer taking reasonable care to protect employees from harm.
Falls from height are one accident that could cause a person to suffer this type of injury. If, for example, you’ve suffered this injury when you’ve fallen from ladders that were not fit for the job you were expected to use them for, this could lead to a claim.
However, you could also suffer this type of injury while carrying out jobs where your employer has not:
- Trained you in how to do your job safely (e.g given you manual handling training)
- Risk assessed your job
- Provided tools to help make the job safer
- Expected you to lift something alone that was too heavy
These are just a few examples. If you would like to know if your bulging disc injury could be your employer’s fault, we would be happy to assess your claim for free to see if you could be eligible to claim compensation.
Types Of Workplace Activities Which Could Cause Injuries
The HSE has revealed that many causes of back pain in the workplace could often be attributed to:
- Lifting heavy/bulky loads
- Carrying things awkwardly
- Pulling, pushing or dragging loads
- Repetitive jobs
- Reaching, twisting or stretching
- Manual handling jobs in awkward or confined spaces
- Stooping, crouching or bending
- Working when overtired (physically)
Which Industries Could I Suffer A Bulging Disc That’s Work-Related?
According to the HSE, the industries that report the highest numbers of musculoskeletal disorders related to work include human health and social work, agriculture, and construction.
However, such an injury could occur in many other industries too. If you sustain a back injury that you believe is work-related then it could be a good idea for you to see a doctor so that you can benefit from advice as to how to treat it for optimal recovery.
What Are The Symptoms Of A Bulging Or Herniated Disc?
The symptoms of a bulging disc injury could vary depending on where the injury is sited. Most injuries of this type happen in the lower back and neck and could produce symptoms such as:
- Pain – pain could present in the lower back or neck, but in some cases, it could radiate down the limbs. The pain may be worse when standing, walking, bending, sitting for long periods and lifting but it may also get worse at night.
- Weakness in the limbs/area of injury – if the nerves are involved, you may experience weakness. This could also happen in cases where the nerves are compressed or inflamed
- Tingling of the limbs/area of injury
No Win No Fee Bulging Disc Workplace Compensation Claims
Making a claim for bulging disc workers compensation could be something you’d like some help with. Many people opt for assistance from a personal injury lawyer when making a claim against their employer. However, it’s natural to have questions about the costs involved of going down that route.
There is a way to utilise the services of such a lawyer without having to pay them upfront. No Win No Fee claims work on the basis that you don’t pay any legal fees until your claim is successfully completed and the liable party has paid out on your claim.
To begin a No Win No Fee claim, you’d sign a Conditional Fee Agreement, which would promise your solicitor a small success fee if they obtained compensation for you. The success fee would be capped by law. It usually represents a percentage of your eventual payout.
If your claim didn’t result in a settlement, then you wouldn’t have to settle the lawyer’s success fee, nor would you need to cover the costs incurred by the lawyer while they pursued your claim.
If you want to know where to find a lawyer that could take on your claim on this basis, we’d be happy to help. We could also answer any questions you may have about No Win No Fee Claims.
Begin Your Claim
Whether you’d like us to connect you with a lawyer who could help you claim or you have questions about the claims process, we could help. We offer free advice and could even provide an assessment of your eligibility to claim for free.
To get in touch with our expert team, simply:
- Call us on 0800 408 7825
- Complete our contact form
- Or, use the Live Chat Messenger.
Quick References
Slip Trip And Fall Claims – You may have injured your back in a slip, trip or fall accident. If you have, this guide could be useful.
Accidents In Public Places – If accidents in a public place have led you to suffer a back injury, this guide could give you information about making public injury claims of this type.
Personal Injury Lawyers – Whether you’re looking to make public accident claims because you’ve been injured in a public place, or workplace accidents that caused you to suffer injuries, using personal injury lawyers could be a good idea. This guide explains how they could help.
Physiotherapy Services– If you’re looking for physiotherapy treatment, you could find someone to help you here.
The Back Pain Treatment Pathway– This article on the NHS website discusses the back pain pathway.
Here are some other guides you may find useful:
- Do I Need To Use Accident Solicitors Near Me?
- Accidental Death Compensation Claims
- How To Get A Personal Injury Lawyer For Your Claim
- How To Claim Compensation For An Accident And Injury
- A Guide To Personal Injury Claims
Guide by OE
Edited by II
