Can I Make a Claim for A Back Injury at Work?

Back injuries are one of the most common types of injuries sustained at work. Like all other types of injuries and illness, your employer has a legal duty of care to do everything they can to protect your safety and wellbeing, including taking precautions to prevent back injuries. Unfortunately, this isn’t always the case and employer negligence can and does lead to back injuries being sustained in the workplace.

If you’ve recently incurred a back injury as a result of carrying out your workplace duties, you may be entitled to claim compensation. In this blog, we’re going to explain more about who can make a claim and how the process works.

Can I Make a Back Injury at Work Claim?

As mentioned, your employer has a legal duty of care as per the Health and Safety at Work Act 1974. This means your employer must lawfully do everything they reasonably can to prevent injuries in the workplace. This may mean assessing the tasks you’re able to do and allocating your jobs as per your abilities, providing professional equipment to aid you in your responsibilities, or enrolling you in a training course to help you perform your duties in the best and safest way possible.

Not every back injury sustained at work will be the fault of your employer; for example, if you have been diagnosed with a back injury previously, a flare up of the injury won’t necessarily be your employer’s fault, especially if you don’t inform them of your injury so they can make reasonable adjustments to your role. Another example would be your employer providing you with the means to safely do your job and you not taking heed of the training or equipment provided, resulting in a back injury. In these instances, compensation is unlikely.

That being said, if your employer breached their legal duty of care through negligence which caused you to incur a back injury at work, you may well be entitled to compensation. This includes if you tell them about a previous back injury, or your injury has got worse due to their negligence. Call us on 0800 526 368 to arrange a free initial meeting with one of our lawyers and see whether you could have a valid claim.

Leading Causes of Workplace Back Injuries

When you make a claim for compensation for any type of injury, there will be an investigation into what caused your injury. Back injuries are common, largely because there are numerous instances in which they might be incurred. Common causes of back pain at work and leading factors for injuries include:

  • Slips, trips, and falls
  • Lifting heavy loads
  • Carrying awkward loads
  • Repetitive movements like stretching and bending
  • Sitting sedentary for long periods
  • Driving on rough terrain for long periods

To prevent injuries, your employer should provide necessary and reasonable training and equipment. They should also ensure the workplace is free of hazards. This may include:

  • Providing postural support chairs where employees are required to sit for long periods of time
  • Providing safety harnesses to those working at height, as well as relevant working at height training
  • Ensuring the floor is even and smooth, e.g. no areas of raised carpet or broken tiles
  • Providing lifting aids to help with heavy and awkward loads
  • Providing manual handling training on how to properly lift heavy and awkward loads
  • Making sure all equipment and infrastructure is in good working order, e.g. shelving is firm and fixed and not at risk of collapsing

It may be more difficult to make a successful claim if you can’t pin your injury directly to a specific action or event, but that doesn’t mean you can’t claim. Talk to us today to discuss what you think the cause of your injury might be, and our lawyers will help you identify any potential risk factors and establish whether your employer is at fault. We offer free legal advice in the form of an initial consultation for all new cases.

How to Make a Work Back Injury Claim

Making a claim for a personal injury can sometimes be stressful and time-consuming, but with the help of OH Parsons, the process is simplified. We are experts in personal injuries and employer negligence claims, with decades of experience in the area, including representation of those looking to make a back injury at work claim. We aim to make the process as smooth and easy as possible, but there are some things that will be required alongside representation from our injury specialists.

1. Evidence

Firstly, you’ll need to make sure that you have appropriate evidence to support your claim. Without it, your work-related back injury claim will fail. Evidence that can help bolster your claim includes:
  • Medical records from your doctor diagnosing a back injury (a medical assessment may need to be undertaken for this)
  • Accident reports from your workplace accident log
  • Witness testimony if anyone saw what happened
  • CCTV footage showing the accident taking place
  • Diary detailing how you’ve been affected by the injury on a day to day basis, as well as costs associated with the injury, e.g. buying medical aids or loss of earnings due to sick days

The more evidence you have, the more successful your back injury at work claim is likely to be.

2. Time Limit

All personal injury compensation claims in the UK are subject to a three-year time limit. This means you must make a claim within three years of the date of the injury, or three years of your injury being diagnosed and it being reasonably traced back to your workplace. If three years have passed, you won’t be able to claim. The time limit provides you with the time needed to collect evidence and find a lawyer to represent you.

If you’re close to the three year time limit, don’t hesitate to get in touch with our team today to get your case going before it’s too late.

How Much Injury Compensation Could I Get?

Injury compensation amounts are unique to every case. There is no standard amount that you might be entitled to, as it depends on the severity of your injury, what your medical needs are, and whether you’ve been financially impacted by your injury. With this in mind, if you suffer a slipped disc that causes mild pain, you will get less compensation than someone who has been paralysed following a back injury. Those with a spinal cord injury that causes severe pain and trauma are likely to get more compensation than those with more minor work-related musculoskeletal disorders.

This is because the amount of pain you’re in and the impact the injury has taken on your life are also mitigating factors when making a personal injury claim. Medical expenses, loss of earnings, and quality of life are all taken into account during the claims process. The aim of a work compensation claim is to ensure you receive enough compensation to cover any losses you’ve incurred, as well as removing the burden of the future and holding your employer to account to make sure no one else is hurt moving forwards.

For a more detailed indicator of how much compensation you could be entitled to for your back injury claim, please get in touch with us so we can explore your case further.

Finding a Workplace Injury Lawyer

Making a compensation claim can be overwhelming, and this is why you need to secure the help of a skilled lawyer. At OH Parsons, our personal injury solicitors are highly qualified and experienced in the field of personal injury claims and have helped countless people make back injury claims against their employers.

We work on a no win no fee basis and will be honest with you from the get-go about the validity of your back injury compensation claim. If our personal injury claims team think you have grounds to take legal action, we’ll employ our decades of experience to secure the maximum amount of accountability and compensation is awarded. Furthermore, we are a member of the Solicitors Regulation Authority, meaning you can trust us with claiming for work-related back injuries.

To find out more about how we can help with workplace injury claims, please contact our team today.

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