If you’re looking for guidance on how to claim back injury compensation in a personal injury claim, this article can help. A back injury can seriously disrupt your ability to work and function as you did before. You might be facing expensive medical bills or a reduced income because of time missed from work. If so, we explain all the essential steps in seeking damages from the party at fault.
Our guide will start by explaining what a back injury is. We then cover who is eligible to seek back injury compensation and the circumstances that could make a strong claim. After this, we discuss how damages for a back injury are calculated if your claim is successful.
The final section of our guide helps you understand more about legal help. The personal injury solicitors from our panel are able to assist eligible claimants on a No Win No Fee basis. You can connect with our advisors right now to see if your claim qualifies. Or if you have any questions you’d like to discuss simply:
- Reach out on 0800 408 7825
- Chat with our team via the live pop-up.
- Or contact us by filling out our call-back form.
Go To A Guide Section
- What Is A Back Injury?
- Can I Claim Back Injury Compensation?
- What Should I Do After I Suffer A Back Injury?
- How Much Back Injury Compensation Could You Receive?
- Why Use A No Win No Fee Solicitor To Make A Back Injury Claim?
- Learn More About Making A Personal Injury Claim
- FAQs About Back Injury Claims
What Is A Back Injury?
Back injuries can happen anywhere along the spine, from the mid to upper back area (thoracic spine) down to the pelvis (lumbar spine). They can impact cervical discs in the spine, as well as the muscles and ligaments that support them.
Back injuries can range in severity from mild to persistent and nuisance levels. Or they can be completely life-altering, causing years of pain, mobility issues and paralysis.
Typical injuries include strains and sprains in the lumbar region, disc herniations, lumbar spinal fractures and spondylolisthesis, which is the displacement of lumbar vertebrae. To read more about about back injuries, this resource from the NHS may be helpful.
Can I Claim Back Injury Compensation?
In certain areas of life, you are owed a duty of care. This is a legal obligation to protect your health, safety and wellbeing. If others breach this duty of care, you could have a valid claim for personal injury compensation. The main areas are as follows:
Accidents At Work
The Health and Safety at Work etc Act 1974 (HASAWA) states that employers have a duty of care to take practicable and reasonable actions to prevent their employees from being harmed as they work. Some breach of duty examples include:
- An employer provides staff with a ladder they knew was faulty or inappropriate for the task. The employee falls as a result and suffers severe spinal injuries.
- A wet floor surface in an office is left without warning signs. As a consequence, an employee slips and fractures several vertebrae in a back injury at work.
Road Traffic Accidents
Those who use the roads need to do so safely and responsibly and avoid causing damage or injury to themselves and other road users. To meet this duty, they must comply with the regulations and rules outlined in the Road Traffic Act 1988 and the Highway Code. Therefore, a breach could be:
- A motorist drives above the legal speed limit and cannot brake in time. They rear-end another motorist, causing them lower back pain and a neck injury in the collision.
- Whilst looking at their mobile phone a motorist collided with a cyclist at a junction. This caused multiple injuries in a cycling accident, of which a back injury was just one element.
Accidents In A Public Place
The duty of care of those in charge of public spaces is outlined in the Occupiers’ Liability Act 1957. This law states that any party in control of an area open to the general public must take steps and implement measures to ensure the reasonable safety of those using the area for its intended purpose. Some examples include:
- Those in charge failed to repair a broken weight bench at a gym despite being aware of the problem. As a result, a gym accident causes a member to suffer torn ligaments in their lower back when using it.
- Facilities at a public playground are broken and disrepaired, causing a child to cut their back when going down a slide. The local council authority in charge could be liable.
Bearing all this in mind, you may have a valid back injury compensation claim if you can meet the following criteria:
- A duty of care was owed to you by a relevant third party.
- The third-party breached their duty to you.
- You suffered injury as a result of the breach.
It’s necessary to demonstrate all three points. If you would like guidance on how strong your claim might be, please reach out to the team through the contact options at the top of this page.
What Should I Do After I Suffer A Back Injury?
To prove your case for back injury compensation, you will need evidence. This evidence will need to show that a duty owed to you was breached and that this breach caused you to suffer an injury. So, after receiving medical attention, it’s important to think about proving your claim. Some examples of supporting evidence that may be available to you include:
- Copies of your medical records such as X-rays, scans and proof of medication.
- CCTV camera or dash cam footage of the accident.
- The contact information of witnesses. A supporting statement may be taken later to support your claim.
- A copy from any on-site accident book.
- Photos of the cause of the accident and your injuries.
Should you decide to instruct a solicitor from our panel to handle your claim, they can assist you with all of this. They have decades of expertise in gathering proof and helping claimants progress their claims. In addition to this, they can ensure it is submitted within the 3-year limitation period for personal injury claims. Call us to discover more.
How Much Back Injury Compensation Could You Receive?
Compensation in successful back injury claims can be formed of two types of loss called general and special damages. General damages award an amount to reflect the impact that physical pain and psychological injury have had on the person. This includes the length of recovery involved.
When calculating an amount for general damages, those tasked with doing so could refer to available medical evidence. They may also consult documents like the Judicial College Guidelines (JCG). This publication lists guideline compensation bracket amounts for a wide array of injuries.
We have compiled a small excerpt from the JCG below. However, the first amount listed does not come from the JCG. Please regard these amounts as guidelines only. How much compensation you will receive for your injury will depend on several factors and every successful case is unique.
Compensation Guidelines
| Location of Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Types of Severe Injury and Special Damages Compensation | Severe | Up to £500,000 plus |
| Back | (a) Severe (i) | £111,150 to £196,450 |
| (a) Severe (ii) | £90,510 to £107,910 | |
| (a) Severe (iii) | £47,320 to £85,100 | |
| (b) Moderate (i) | £33,880 to £47,320 | |
| (b) Moderate (ii) | £15,260 to £33,880 | |
| (c) Minor (i) | £9,630 to £15,260 | |
| (c) Minor (ii) | £5,310 to £9,630 | |
| (c) Minor (iii) | £2,990 to £5,310 | |
| (c) Minor (iv) | Up to £2,990 |
Alongside amounts for general damages, you might qualify to claim special damages. These can be awarded to reimburse you for any financial harm caused by the injury. When claiming special damages, it will be necessary to present documented evidence. Some examples of the costs you could claim back, as well as the evidence needed, are as follows:
- Wage slips that indicate a loss of income.
- Invoices for medical bills or other expenses you wish to claim.
- Receipts and tickets for any travel to vital appointments.
If you would like a free claim valuation and to discuss what could be awarded as part of your back injury compensation, call one of our advisors.
Why Use A No Win No Fee Solicitor To Make A Back Injury Claim?
Our dedicated team of advisors is on hand right now to offer you a free eligibility check on your case. If it appears strong and you want to use the services we offer, they can then put you in contact with a personal injury solicitor from our panel.
These solicitors have extensive experience handling every aspect of back injury compensation claims. They can gather evidence, collect statements and accurately calculate the compensation owed to you. In addition, they can do all this through a No Win No Fee arrangement called a Conditional Fee Agreement (CFA).
If you claim under a CFA, the following advantages typically apply:
- No charges for the solicitor’s services are required upfront.
- There are no fees for solicitors’ services as the claim progresses.
- Unsuccessful claims do not require fee payment to the solicitors at all.
- A success fee is applicable if the claim wins. The amount is subject to a legal cap and is deducted as a percentage of the compensation you are awarded.
If you’d like to discover more about how this arrangement could enable you to seek back injury compensation, connect with the team. You can access personalised advice right now when you:
- Call us today on 0800 408 7825
- Chat via the live pop-up.
- Or contact us online.
Learn More About Making A Personal Injury Claim
As well as this guide on back injury compensation claims, you might find these other articles helpful:
- This case study looks at the payout for muscle injury after a car accident.
- Here, we look at a £150,000 payout for a broken back and slipped disc claim.
- Lastly, this guide looks at construction work back injury claims.
Other resources:
- Advice if you need to claim Statutory Sick Pay (SSP) from GOV.UK
- The Royal Society for the Prevention of Accidents (RoSPA) is a charity aimed at reducing accidents.
- Read about the Personal Independence Payment from GOV.UK if you live with a disability.
FAQs About Back Injury Claims
What Is The Time Limit To Claim For Back Injuries?
Usually, a three-year time limit applies as per the Limitation Act 1980. This can be extended or paused if the injured person is a minor or lacks mental capacity.
Will I Need A Medical Assessment For A Back Injury Claim?
An independent medical assessment is often part of the personal injury claims process. A solicitor can help arrange this with you at a convenient time and location.
How Long Can The Back Injury Claims Process Take?
Each claim varies according to how long it takes to obtain medical reports and statements. Or it can be delayed if the other party refuses to accept liability and the case needs to be proved in court.
Can I Claim For A Back Injury Caused By Playing Sports?
You can claim if equipment or facilities were faulty and that those in control of these things knew or reasonably should have known about the problems. Please call us to discuss further.
To ask any questions you may have about making back injury compensation claims, we invite you to connect with our friendly advisors for free guidance.
