The pain and aggravation of a back injury can turn your life upside-down. You may be looking for information about damages after a back accident at work, on the roads or in a public place caused by others. This guide explains herniated disc compensation amounts in the UK and how to claim them.
In the following sections, we will detail who is eligible to start a personal injury claim like this. We will explain how compensation is calculated to cover the physical and emotional pain, as well as loss of earnings. You’ll also find detailed advice about who might be liable to compensate you if they breach a legal duty of care to protect your safety.
You can find out what evidence best supports a compensation claim, as well as how long it can take to get started. We also explain how a personal injury solicitor from our panel might take up your claim under a type of No Win No Fee agreement. Allowing you to make a legal case without additional expense. Find out more by reading on, or you can:
- Contact our advisors and call 0800 408 7825.
- Complete our contact form to get started.
- Join the live chat forum in the box below.
Jump To A Part Of Our Guide On Herniated Disc Compensation Amounts
- Am I Eligible To Claim For A Herniated Disc?
- Bulging And Herniated Disc Compensation Amounts
- What Is A Herniated Disc?
- Common Causes Of Disc Injuries
- How To Claim For A Bulging Or Herniated Disc
- How Our Panel Of Solicitors Can Help You Claim
- More Information
Am I Eligible To Claim For A Herniated Disc?
It’s important to be clear at the start of a herniated disc claim that you’re eligible. Personal injury compensation claims need to prove three criteria to move forward:
- A duty of care was owed to you at the moment of injury.
- Those responsible breached that duty.
- Your herniated or bulging disc injury was a consequence of this negligence.
These points define negligence, and if you can meet all three of them, a slipped disc injury claim can be submitted.
In the sections below, you’ll find detailed guidance about the duty of care that is owed to you in certain places. If you’d like any free guidance or clarification about the claims process now, please reach out to the team.
Bulging And Herniated Disc Compensation Amounts
If a compensation claim for a back injury is successful, you could receive amounts drawn from two areas called general and special damages. It’s important to note that herniated disc compensation amounts always have factors that set them apart, so knowing the ‘average’ compensation amount is not very helpful.
Given that circumstances always differ, it makes much more sense to consult an expert to find out what you could be owed. Call our team and they can lead you through the simple process.
How Compensation Is Calculated
Those who are responsible for calculating general damages are often able to use medical reports as their guide. In fact, should you choose to appoint a solicitor from our panel, they can help arrange an independent medical assessment for you. This will provide a thorough report of your injuries and could greatly strengthen your claim.
Those concerned also consult publications like the Judicial College Guidelines (JCG) to apply a monetary value for the following:
- The physical pain and suffering the person endured.
- Any psychological injury experienced.
- The impact on the person’s quality of life.
- Any long-term disability created by the injury.
The JC Guidelines is an index of suggested bracket amounts for various injuries based on severity. Below is a table excerpt from it relating to back injuries. As stated, they are purely guidelines, not guaranteed amounts. Also, the initial entry is not from this source:
Compensation Award Bracket Guidelines
| INJURY | SEVERITY | AWARD GUIDELINES |
|---|---|---|
| Several types of serious harm and special damages | Serious | Up to £1 million plus. |
| Back/Spine | (a) Severe (i) | £111,150 up to £196,450 |
| (a) Severe (ii) | £90,510 up to £107,910 | |
| (a) Severe (iii) | £47,320 up to £85,100 | |
| (b) Moderate (i) | £33,880 up to £47,320 | |
| (b) Moderate (ii) | £15,260 up to £33,880 | |
| (c) Minor (i) | £9,630 up to £15,260 | |
| (c) Minor (ii) | £5,310 up to £9,630 | |
| (c) Minor (iii) | £2,990 up to £5,310 | |
| Psychological Harm | (b) Moderately Severe | £23,270 up to £66,920 |
Special Damages And How They Affect Your Claim
The second component of a compensation award can be special damages. These reimburse the claimant for the financial harm they suffered after the back injury. Documented proof is required to include special damages and they cannot be claimed separately. Loss or expense must always be related to physical injury, therefore the following evidence could be used:
- Wage slips showing a loss of earnings from work absence.
- Medical bills for private treatment (like long-term physiotherapy).
- Invoices and proof of purchase for medical equipment or adaptations made at home or in your vehicle.
- Proof of paid amounts to anyone who helped you domestically.
- Travel expenses to essential appointments.
- The costs of childcare arrangements.
A skilled personal injury solicitor could help you identify other costs and expenses to include in your claim. Why not see if one could help you? Call our advisory team today.
What Is A Herniated Disc?
According to the NHS, a herniated or ‘slipped’ disc is when the soft cushion of tissue in between the spinal bones is pushed outwards. It can be painful when this presses on nerves and may require rest and painkillers to recover. Symptoms can include:
- Lower back pain.
- Numbness or tingling in the back and limbs.
- Neck pain.
- Difficulty straightening the back or bending.
- Weakness in the muscles.
- Pain in the buttocks or legs if the disc is pressing a nerve and causing sciatica.
What Is The Difference Between A Bulging Disc And A Herniated Disc?
A bulging disc occurs when it sags and loses compression. A herniated disc is a tear or hole in the disc, causing the jelly-like centre (called nucleus pulposus) to leak out into the area of the spinal canal.
Either condition can be painful and impact your ability to cope as normal. Financial damages could help alleviate the aggravation and expense of injuries like these, so speak to our team about starting a claim for slipped disc compensation.
Common Causes Of Disc Injuries
We now look at some areas where you are owed a duty of care. We also give an example of how a herniated or bulging disc injury could occur if this duty is not met:
Accidents At Work
Employers are bound by the Health and Safety at Work etc Act 1974 (HASAWA) to show a duty of care to their employees. They must take steps that are practicable and reasonable to protect them from experiencing harm as they perform their jobs.
Example – An employer fails to assess the weights of materials that need to be lifted and carried at work. Because of this, an employee suffers a slipped disc in a manual handling injury.
Road Traffic Accidents
Road users must show care and diligence when driving and adhere to their duty of care to each other. They need to follow the Road Traffic Act 1988 and Highway Code rules and obligations to fully comply.
Example – A motorist drives while drunk and rear-ends another road user. This dislodges several vertebrae in the person’s back in the collision, causing them a herniated disc injury.
Accidents In Public Places
Those in charge of areas open to the general public owe them a duty of care. The Occupiers’ Liability Act 1957 details how reasonable steps should be taken to implement whatever measures are necessary to prevent the public from being harmed while using the area as legally intended.
Example – The owner of a cinema fails to repair carpeting on the stairs (despite being aware of the problem), and a customer slips, falls and suffers a slipped disc.
There could be countless other scenarios where those in control fail to meet their health and safety obligations fully, and an accident arises. To discuss your particular case, reach out to our advisory team for free legal guidance on your slipped disc compensation claim options.
How To Claim For A Bulging Or Herniated Disc
We now turn to some practical actions that you can take to start constructing your personal injury claim for herniated or bulging disc injury:
Gathering Evidence To Support Your Claim
You can start assembling evidence that a breach in the care duty owed to you caused your prolapsed or herniated disc injuries. The following can help:
- Copies of your medical records, such as X-rays and reports from any specialists who needed to examine you.
- Photos of your visible injuries.
- Photos of the hazards that caused the back accident.
- Proof of medications needed, such as prescription receipts for painkillers.
- Points of contact for any eyewitnesses to what happened. Should a solicitor act for you, they can collect statements from these people to significantly bolster your claim.
- CCTV footage, dashcam or helmet cam film of the accident.
- A copy of any on-site accident book.
Evidence like this may help increase the ultimate amount of compensation owed to you. Therefore, it’s important to retain all paperwork. If you appoint a solicitor to handle proceedings, they can comb through this evidence and submit a much more thorough compensation claim.
How Long You Have To Begin Your Claim
There is a standard time limit to start personal injury claims of three years as set out in the Limitation Act 1980. This begins from the date of the injury itself. Certain exceptions to this can apply:
- Minors cannot launch a personal injury claim themselves until they turn 18. The three-year time limit starts from this date, meaning they have until 21 to start a claim.
- Those who lack mental capacity are not subject to a time limit unless their mental capacity returns. They then have three years to start a claim from this date.
- Both groups can start a claim straight away if a relative or suitable adult is appointed as a litigation friend by the courts. In this role, the person carries out the duties of the claim for them.
You could still be eligible to seek compensation for your herniated or bulging disc injuries so call our team to learn more about personal injury claim time limits.
How Long Will It Take To Get A Bulging Disc Compensation Payout?
Although there is a time limit in which to begin a personal injury claim, there is no standard time frame for it to be completed. Each claim can have factors that impact how long it takes to settle. Some examples:
- The third party (defendant) disputes liability or makes unsatisfactory offers of compensation.
- There is a delay in receiving reports from specialists.
- The full complexity of the injuries and recovery is not yet clear.
- The courts have an excessive workload.
While you can deal with these issues yourself, it makes sense to see if a personal injury solicitor from our panel could help resolve your claim more quickly. If you’d like to see whether they could handle your case, call us now. There are numerous benefits to doing this which we discuss next.
How Our Panel Of Solicitors Can Help You Claim
The solicitors on our panel provide an option for eligible claimants to start legal actions without creating another financial burden for the person. By using a type of No Win No Fee contract called a Conditional Fee Agreement (CFA), a claimant can expect:
- No upfront solicitors fees to pay.
- No solicitors fees to pay as the claim develops.
- Nothing to pay for completed solicitors services should the claim fail.
- A minimal ‘success fee’ becomes owed for claims that win. This percentage of the compensation is restricted by law to ensure the claimant benefits first and foremost.
These terms amount to being able to access outstanding legal representation without charge until the outcome of the claim is known. Why not see if our panel of solicitors can advise you further about herniated disc compensation amounts in the UK?:
- Find out how much compensation you’re owed and call 0800 408 7825.
- Complete our contact form to get started on your bulging disc compensation claim.
- Join the live chat forum in the box below.
More Information
As well as information about herniated disc compensation amounts in the UK, these other articles explain more:
- Here is a back accident at work guide.
- This guide looks at the payout for a back muscle injury after a car accident.
- Also, construction back injury claims are discussed here.
Some outside resources to help:
- Read about back pain from the NHS.
- Check your symptoms here.
- Lastly, advice on lumbar decompression surgery.
Thanks for your interest in our guide about herniated disc compensation amounts in the UK. For any further information on bulging disc compensation after accidents at work, in public or on the roads, reach out to the advisory team.
