Back Injury at Work Claims
A Guide to Compensation
Find out how much your claim may be worth
Sustaining a Back Injury at Work
Sustaining a back injury at work can cause a lot of personal and financial issues for the injured person. Back injuries are common in all types of work environments and are one of the main causes of physical pain at work. Sometimes, there may be no one to blame for your back injury at work; however, many of these types of injuries are caused by an employer’s negligence and the injured person may be interested in claiming accident at work compensation as a result.
Common Causes of Back Injuries at Work
Back injuries can be sustained in the workplace for a variety of reasons. Some injuries to the back may be minor, whilst others may be serious and can have long term effects. Back injuries are one of the most common reasons for accident at work claims and the most common causes of workplace back injuries are discussed below:
- Injuries caused by physical work – Those in physical jobs are particularly vulnerable to sustaining back injuries at work. Many employees in physical jobs are required to perform manual handling tasks, lift heavy objects and perform tasks which involve lifting and moving objects. It is not uncommon to hear that a worker in this type of employment has suffered a back injury as a result of carrying out these types of physical tasks.
- Injuries caused in an office environment – You may be surprised to hear that a large proportion of injuries sustained at work have occurred in an office environment. Back injuries in offices may arise as a result of poor posture, improper chairs and office equipment, and from employees lifting and carrying large piles of papers and boxes of documents and files.
How Can Back injuries at Work Be Avoided?
There are many steps that both employers and employees can take to reduce the risk of suffering a back injury at work. As an employee, you have a duty to take steps to mitigate your own risk of injury at work by:
- Following the correct procedures set in place for lifting and carrying
- Using any lifting equipment provided to lift and transport any heavy objects
- Inform your employer if you are unable to lift certain objects due to their size or weight
- If possible, you should request lifting equipment from your employer if it has not been provided
- Try to practice good posture at work if you work in an office environment
Your employer has a duty of care to mitigate injuries in the workplace. The Manual Handling Operations Regulations 1992 set out rules for employers to follow in regard to all manual handling activities. Under these regulations, manual handling is defined as:
“…any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or bodily force“.
The duties placed on your employer to help reduce the risk of back injuries in the workplace include:
- Avoiding the need for manual handling activities to be carried out (there are many jobs, however, where this is not possible)
- Carrying out a risk assessment for all manual handling tasks
- Providing appropriate equipment to assist with lifting and transporting heavy objects
- Providing correct office equipment, such as chairs with sufficient back support, and desks at appropriate heights.
- Provide sufficient and appropriate training to all staff
Can I Make a Back Injury at Work Compensation Claim?
If you have suffered an back injury at work and you believe your employer may be to blame, or partially to blame, you may be able to make a claim for compensation.
If you have sustained any sort of injury at work, you should make your employer aware and ensure that the incident has been recorded in an accident book or on an incident report form. You should also attempt to obtain a copy of the incident report.
As with all injuries, you should seek medical attention straight away so that you can have your injuries assessed and obtain medical treatment if required.
If you are interested in making a claim for compensation, contact us today to speak to one of our specialist solicitors who will provide you with the right legal advice for making a claim.
How Much are My Injuries Worth?
It is difficult to make a valuation on a claim without any knowledge of the full extent of your injuries. Back injuries can vary in the level of severity; some will last only a few weeks or months, whilst others will last for years, or may be permanent.
The level compensation awarded to you for your injuries will depend on the type of injury and the level of pain and suffering you have sustained. As many back injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.
Our valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College. We will discuss our valuation of your injuries when we have obtained all the required medical evidence, before we make any attempts to settle you case with the Defendant.
In addition to your claim for compensation for your injuries, you may also be able to make a claim for additional financial losses. Your additional losses can include the following:
- Loss of earnings if you required time off due to the accident.
- Travel costs – for travel to and from medical appointments
- Parking costs at medical appointments
- Costs of any care received
- Medical treatment costs
You should ensure that you keep all receipts and invoices for your additional losses as these will be required to prove your loss.
Can I make a Claim if I was Partially Responsible for my Back Injury?
If you were 100% responsible for your back in jury, you will be unable to make a claim against your employer as we will be unable to prove negligence on the part of your employer. If you were partially to blame for your injury, you may be able to make a claim against your employer if it can be proved that their negligence was the main cause of the accident. If you were partially responsible for the injury, the level of compensation you receive may be reduced by a certain percentage to reflect your level of responsibility.
How Long Will it Take to Settle my Back Injury at Work Case?
It is very difficult to predict how long it will take to settle any case. If your case is straight-forward, your injuries are minor, and your employer admits liability within the required time frames, it could take around 6-9 months to settle your claim.
The process of making a claim for compensation is not always straight-forward and there are many factors which could cause delays in concluding a case, such as an unresponsive defendant, difficulties in obtaining evidence, and serious, complicated injuries.
The time frames from the start of a claim to obtaining compensation will vary depending on whether your employer admits or denies liability for your accident. The seriousness of your injuries may also have an impact on the amount of time it will take for us to settle your claim.
For more information on the claims process, feel free to look at this section of our website.
Why Choose Beacon Law to Handle Your Back Injury at Work Claim?
Beacon Law is a specialist firm of highly experienced Solicitors and legal professionals. We provide a high level of service to all our clients and work hard to ensure you receive the highest level of accident at work compensation for your injuries.
We have dealt with many cases involving a back injury at work and have been successful in obtaining high levels of compensation for victims of this type of injury.
We are specialist Personal Injury solicitors with expertise in all types of claims, including, accidents at work, road traffic accidents, slips, trips, falls, and criminal injuries. Beacon Law is regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding, have a look at the funding section on our website.