How Much Compensation Can I Claim For A Back Injury At Work?
By Cat Way. Last Updated 29th November 2023. If you’ve suffered a back injury at work, you may be in pain and frustrated. Back injuries can cause significant problems, and if it happened through no fault of your own, you could make an accident at work claim for compensation.
In this guide, we explain your legal rights if you’ve injured your back at work. We also look at the average payment for a back injury, and how you can work with a No Win No Fee solicitor.
If taking legal action is something you’d like to do, we can help. We specialise in workplace accidents and over the years we’ve helped thousands of people successfully recover compensation. We can help you too.
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Select A Section:
- What Is The Average Payout For A Back Injury At Work In The UK?
- Can I Make A Back Injury At Work Compensation Claim?
- What Can Cause A Back Injury At Work?
- How To Prove A Back Injury At Work
- Back Injuries From Work – Claim With A No Win No Fee Solicitor
- More Helpful Resources On Accident At Work Claims
You may be wondering what the average payout is for a back injury at work in the UK. We can’t provide an average payout, because compensation is awarded on a case-by-case basis, making every claim unique. However, we can offer more insight into how compensation for a back injury at work is calculated.
Generally, a payout can consist of two heads of claim. The first is general damages, which is awarded to every successful claimant, and covers the pain and suffering you experience as a result of your injuries. Those who value this head of claim often refer to the Judicial College Guidelines (JCG), as this document lists varying severities of back injury with guideline compensation awards. The table below shows some examples, but please note that these are only guidelines, and that the top entry is not reflected in the JCG.
|Multiple Serious Injuries + Financial Losses||Serious||A combination of several serious injuries and substantial financial losses, including lost earnings, pension contributions, and mobility aids.||Up to £1,000,000+|
|Back Injury||Severe (i)||Injuries that involve damage to the nerve roots and spinal cord. This will result in severe pain and may result in incomplete paralysis.||£91,090 to £160,980|
|Back Injury||Severe (ii)||This could include injuries such as damaged nerve roots with a loss of sensation. There may also be impaired bladder and bowel function, mobility, and impaired sexual function.||£74,160 to £88,430|
|Back Injury||Severe (iii)||Soft tissue injuries, disc lesions and fractures as well as other conditions that cause serious pain and discomfort.||£38,780 to £69,730|
|Back Injury||Moderate (i)||Compression or crush fractures of the lumbar vertebrae that cause constant discomfort and pain.||£27,760 to £38,780|
|Back Injury||Moderate (ii)||Backache due to frequently encountered injuries to the back that disturb the ligaments and muscles.||£12,510 to £27,760|
|Back Injury||Minor (i)||Within 2-5 years, a full recovery takes place from a strain, sprain or soft tissue injury.||£7,890 to £12,510|
|Back Injury||Minor (ii)||A soft tissue injury, disc prolapse or sprain that fully recovers within 1-2 years.||£4,350 to £7,890|
|Back Injury||Minor (iii)||A minor back injury that fully recovers without surgery within 3 months to a year.||£2,450 to £4,350|
|Back Injury||Minor (iv)||Within 3 months a full recovery is made from a minor back injury, such as a sprain or strain.||Up to £2,450|
You may also be eligible for special damages. This second head of claim addresses the way your injuries have affected you financially. For example, under this heading, you could potentially recoup the cost of:
- Home adjustments.
- Mobility aids.
- Lost earnings.
- Travel costs.
Our advisors can offer more information on claiming for back injury at work, how much compensation you could receive, and whether one of our solicitors could help. Get in touch today to learn more.
If you injured your back at work, you may be able to make a claim for compensation. However, to be eligible to make an accident at work claim, you must prove:
- Your employer owed you a duty of care. (As discussed previously in this guide).
- Your employer breached this duty.
- As a result of this, you suffered an injury. A breach in the duty of care that causes an injury is known as negligence.
If you are eligible to make a back injury at work claim, you must start the process within the relevant time limit. Generally, this is three years from the date of the accident that caused your injuries, as set by the Limitation Act 1980. However, there are some exceptions to this limitation period, which we discuss in further detail in the next section.
Contact our advisors today to receive free advice for your potential claim. Additionally, they could help answer any questions you may have, such as ‘“What is the average payout for a back injury at work?”
How Long Do I Have To Claim Compensation For A Back Injury?
There are some exceptions to the time limit for back injury claims. For example, if someone is incapable of making legal decisions due to a limited mental capacity, the time limit is suspended until they regain their mental capacity. However, should they never regain the capacity, the time limit is permanently suspended.
Additionally, someone under 18 cannot pursue a claim themselves. Should they injure themselves at work due to the negligence of an employer, they would have to wait until their 18th birthday to be able to make a claim for back injury at work compensation.
Continue reading to find out how much compensation for a back injury at work you could receive. Alternatively, contact our advisors at any time for free legal advice on claiming a back injury at work settlement.
There are various ways you could suffer a back injury. However, as we have already mentioned, your injuries must be caused by a breach in your employer’s duty of care in order to claim for a back injury at work. Some examples of how this could occur may include:
- Inadequate training: If you have to pick up objects as part of your work duties, you should be given appropriate manual handling training. If your employer fails to provide this training, you could suffer an injured back at work.
- Lack of risk assessments: Employers are expected to undertake risk assessments to help identify and mitigate risks and hazards in the workplace. For example, they may do a risk assessment before you are asked to lift a heavy load. If they fail to do this, you could suffer a back injury as a result.
- A slip and fall accident: Spillages should be cleared up within an adequate timeframe, or they should be appropriately signposted. If they aren’t, this could result in a slip and fall that injures your back.
Contact an advisor to discuss if you are eligible to seek compensation for a back injury at work.
In this section, we’ll discuss how to prove a back injury at work. When making back injury claims, it’s necessary to gather as much evidence as possible.
Below are some examples of how to prove a back injury from a work accident:
- Collect the contact details of any witnesses who are willing to make a statement
- Request CCTV footage of the accident if possible
- Gather medical evidence, for example, hospital records or doctor’s notes
- Fill out a report in your workplace accident book as this may be used as evidence
- Retain any evidence of financial losses caused by your injury, such as receipts and bank statements
Get in touch to find out more about what evidence could be used for your claim.
You could seek help from a solicitor if you have valid grounds to make a back injury at work claim. If you contact our advisors, they can discuss your claim with you, and they may connect you with one of our No Win No Fee solicitors.
A No Win No Fee solicitor from our panel may offer to represent your claim under a Conditional Fee Agreement (CFA). Under this type of agreement, you won’t need to pay your solicitor any upfront or ongoing fees for their services. You also won’t be required to pay for their services if your claim is unsuccessful.
If your claim is successful, then the solicitor who supported your work injury claim will take a success fee. This is a legally capped percentage taken from the compensation awarded to you.
Contact our friendly advisors today if you need any more advice on claiming for back injury at work. You can reach them by:
- Calling 0800 073 8804
- Filling in our contact form on our website
- Or you can use our 24/7 online live chat
Below, you can find some more useful resources on making a claim.
- The HSE Guide to Backpain in the Workplace
- A Government Guide To Claiming Compensation For Workplace Injuries
- How Much Compensation For A Fall At Work?
- A Guide to Making A Claim For Injuries Sustained In A Public Park
- Our Guide to Accidents At Work
- How to claim compensation for a slip, trip or fall
- Who’s responsible for recording injuries at work?
- Spinal Injury Claims
- See if you can make a claim for injuries sustained after you tripped over a doormat.
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