What is a back injury at work claim?

A back injury at work claim can be made against an employer if your injury was caused by their negligence. Claims can be made if the employer failed to provide a safe working environment and this led to your injury.

Compensation is awarded for the pain and suffering caused, to cover any financial losses, and for medical expenses relating to your injury.

When can I claim compensation for a work-related back injury?

You can claim for a back injury at work if you can prove that your employer’s negligence contributed to the injury.

Your employer has clearly defined health and safety regulations that they must adhere to and implement for the safety of their employees. If you have suffered a back injury because this duty of care has been breached, you may have a legal right to pursue compensation.

In most cases, you will have up to three years from the date of the injury or from the date you were medically diagnosed.

Whether you are a full-time or part-time employee, a contractor, agency worker, or on a zero-hours contract, your legal rights to claim compensation are the same.

Our specialist accidents at work solicitors have over three decades of experience successfully representing clients who have suffered back and spinal injuries at work through no fault of their own. Speak to us today to start your no win no fee claim.

What are the most common causes of back injuries in the workplace?

According to the Health and Safety Executive’s latest figures, over 550,000 workplace injuries were musculoskeletal, including over 220,00 back injuries.

Some of the most common causes of back injuries in the workplace include:

• Manual handling injuries, especially from lifting heavy items
• Falls from height
• Slips, trips and falls
• Being hit by a falling object
• Repetitive motion and movements
• Poor ergonomics, for example, at a workstation or in an office.

Such examples can lead to the following types of back injuries:

• Muscle sprains, strains or tears
• Ligament damage
• Nerve damage
• Spinal cord damage
• Fractured or broken vertebrae
• Slipped vertebrae
• Brachial plexus injuries
• Slipped or herniated disc
• Prolapsed disc
• Bruised or fractured coccyx
• Soft tissue injuries
• Lower back pain

How much compensation can I claim for a back injury at work?

The amount of compensation you may be able to claim for a back injury at work will depend on how severe your injuries are and how they may have affected your life. Compensation amounts can range from around £2,450 for a minor back injury with full recovery expected within a few months, to £160,000 for the most severe back-related injuries.

As the circumstances of each claim are unique, there is no average compensation amount for a work-related back injury.

Compensation amounts for back injuries suffered at work are calculated by combining the amounts you may be legally entitled to for general and special damages.

The amount of compensation you can claim for general damages will depend on the part of your body you have injured, the severity of your injuries and the pain, suffering and loss of amenity you may have experienced.

General damages are calculated from the Judicial College Guidelines. These guidelines are used as a reference point for accurately valuing the amount of compensation you may be legally entitled to claim.

Additionally, you can claim compensation for special damages, which considers the loss of income and expenses you may have incurred because of your injuries.

The amount of compensation you may receive for special damages may include, but is not limited to:

• Any loss of income or potential future income, including pensions
• Any medical costs associated with your injury, including rehabilitation and ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this.
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred.
• Any travel and motor expenses, including the cost of travel to and from appointments and parking costs.

How long after a back injury at work do I have to start my claim?

When claiming for a workplace back injury, you have up to three years from the date the accident occurred or three years from the date a medical professional diagnosed your injuries to start your claim.

The three-year time period is set by the Limitation Act 1980. However, there are some exceptions. These include:

The three-year time limit does not apply if the injured person is mentally incapacitated. The time limit will be extended indefinitely until the person regains mental capacity, or it is decided that someone will claim on their behalf.

If claiming on behalf of a child, you can start the claim at any point until their 21st birthday.

Can I make a no win no fee back injury at work claim?

Yes, all clients represented by Beacon Law are represented on a no win no fee basis. Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is usually a small percentage of the total compensation amount and will be agreed upon between us before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting with your case.

In some cases, we recommend taking out an After The Event (ATE) insurance policy. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim.

How much does it cost to make a no win no fee back injury at work claim?

Our no win no fee legal services for back injury at work claims mean there are no upfront costs, and you will not pay a penny if your claim is unsuccessful.

If your claim is successful, the person you are claiming against will usually pay the majority of the legal costs, and you will only have to pay the agreed fee at the beginning of the claim process. Typically, this fee is less than 25% of the compensation you may receive.

If you are a member of a trade union, you may be able to receive free legal advice and representation as part of your membership.

What evidence do I need to claim compensation for a back injury at work?

To be successful when making a back injury at work claim, you will need to provide evidence to show that your employer’s negligence caused your injuries and that your injuries have had a negative impact on your daily life.

To support your claim for compensation, our solicitors may ask for the following information when you contact us.

• A copy of the accident report that was filed in your company’s accident report book.
• Witness statements from colleagues or anyone who saw the accident and are happy to provide a statement.
• If available, photographs or video of the accident scene, including CCTV footage.
• Any information, such as workplace safety records or evidence that risk assessments were not conducted or (if applicable) that maintenance of equipment was not carried out to the legal requirements
• Investigate if there have been any similar accidents or complaints that may be relevant to your accident.
• Medical records from your GP or hospital, you may have visited after the accident, including any treatment you may have received or are currently receiving.
• Records of any financial losses incurred because of your accident.

Do not worry if you do not have all of this information. Our solicitors can help compile this information on your behalf, which will help to build the most comprehensive case possible to support your claim.

However, to help our solicitors gather as much evidence as possible to support your case, we recommend that you start your claim as soon as possible after your accident took place.

How long does a back injury at work claim take?

Depending on the complexity of the claim, workplace back injury compensation claims can take anywhere from a few months to over a year to settle.

In most cases, the time it takes a claim to settle depends on how easily liability can be established and how quickly both parties can agree on the amount of compensation to be awarded.

What are my employer’s legal responsibilities to protect me in the workplace?

Complying with all health and safety regulations is a legal requirement for your employer to ensure a safe working environment. Employers have a duty of care to their employees.

Such regulations include the Health and Safety at Work Act 1974 and the Six Pack Regulations 1992. Additionally, where relevant, the 1992 Manual Handling Operations Regulations, and the Work at Height Regulations 2005 must also be implemented.

While at work, you are under your employer’s duty of care. Legally, they have to provide a safe workplace environment with well-maintained equipment, high-quality protective wear, and adequate training.

As part of your employer’s duty of care, they should, where applicable:

• Provide training on how to do your job safely, including health and safety training.
• Carry out regular risk assessments and eliminate identified hazards wherever possible.
• When required, provide protective clothing or equipment.
• Ensure all equipment is adequately maintained and repaired when needed.
• Keep the workplace clean, tidy and organised, especially after spillages.
• Display appropriate hazard warning signs when necessary.

If your employer hasn’t met the legally required level of duty of care, and you have been injured as a result, you may have a legal right to claim compensation for their negligence.

Read how we helped Jane claim £26,000 for her back injury at work

Jane, a 45-year-old administrative assistant, sustained a back injury after slipping on a wet floor at work. The accident occurred due to the employer’s negligence, as the wet floor was not signposted.

Jane’s injury was diagnosed as a lumbar strain. While she initially expected to recover quickly, the injury led to prolonged pain, impacting her mobility and work life.

How the injury impacted her life

Jane’s lumbar strain caused significant discomfort and required physiotherapy. Despite treatment, she experienced intermittent pain and stiffness for over two years, limiting her ability to sit for prolonged periods and participate in physical activities she previously enjoyed.

Jane had to reduce her working hours for six months due to pain and fatigue. She required assistance with heavy household chores at home for the first year following the injury. Her injury affected her ability to participate in recreational activities, such as swimming and gardening.

The long-term effects of her injury

While the pain improved with treatment, Jane was left with residual stiffness and occasional discomfort. Medical reports suggested that although no structural adaptations were necessary, she may require pain management treatments in the future.

How the amount of compensation was awarded

Regarding General damages, given the prolonged recovery period of over two years and the ongoing residual pain and stiffness, Jane’s injury falls under the “long-term back injury that causes permanent pain and stiffness” category, with an estimated range of £10,040 – £19,530, and a likely award of £15,000, reflecting her partial recovery but ongoing discomfort.

Jane was able to claim the following special damages:

Loss of earnings: Jane’s reduced working hours for six months resulted in a £7,500 loss of income (calculated at £2,500/month).
Medical expenses, including physiotherapy and pain management treatments, cost £2,000; travel to medical appointments costs £500; and assistance with household chores for one year costs £1,500.

Total general damages £15,000
Total special damages £11,500
Total compensation awarded £26,500