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How Much Compensation Can You Get For Back Injury Claims?

By Stephen Hudson. Last Updated 5th March 2024. This guide is for those seeking free legal advice on making a back injury claim. It also offers guidance on how much may be offered in spinal injury compensation payouts. A spinal cord injury can cause temporary or permanent immobility. If you have suffered this type of injury because of negligent behaviour by another party, you may be entitled to claim compensation.

Within this guide, we’ll talk through the various types of back and spinal injuries and how they can be caused. We will also explain when and how you can start a claim for back injury compensation. Also covered in this guide are whiplash injuries and claiming with a No Win No Fee solicitor. We’ll also answer some frequently asked questions such as:

  • How much is my back injury compensation claim worth?
  • How can I prove my back injury at work?
  • What is the average payout for a spinal cord injury?
  • How much compensation for a back injury at work?

Man holding their injured back

If you have a question at any point while reading this guide, you are welcome to contact our specialist advisors. They can discuss different aspects of making a back or spinal injury compensation claim with you, including potentially working with No Win No Fee solicitors. You can reach them through the following methods:

Select a Section:

    1. How Much Is A Back Injury Worth?
    2. Am I Eligible To Make A Claim For A Back Injury?
    3. Claiming Compensation For A Back Injury At Work
    4. Claiming Compensation For A Back Injury After A Car Accident
    5. Compensation For A Back Injury In A Public Place
    6. What Evidence Is Needed For Back Injury Claims?
    7. Back Injury Claims – Connect With Our No Win No Fee Solicitors

If you’d like to learn about the key points from this guide, why not check out our video below:

How Much Is A Back Injury Claim Worth?

You might be wondering how much compensation you could claim for back injuries. Personal injury compensation claims are valued on a case-by-case basis, which means each payout is unique.

However, all successful claimants will receive general damages. This is one of two heads of compensation that you could pursue for spinal injuries. Under this heading, you can claim compensation for the pain and suffering you have experienced as a result of your injuries, as well as the ways in which your injuries have affected your day-to-day life.

Those who value this heading may get help from the Judicial College Guideline (JCG). The JCG provides guideline compensation brackets that correspond with a number of injuries and illnesses. Below, you can see some examples of these brackets as they relate to back injuries.

Please note that these figures are only guidelines and that the first figure in this table has not been taken from the JCG.

Guideline Compensation Amounts

Injury TypeSeverityDetailsCompensation Bracket
Multiple serious injuries plus financial costs and losses.Severe/SeriousSerious multiple injuries both mental and physical with special damages.Up to £500,000+
BackSevere (a) (i)This bracket is for the most severe cases of back injury including nerve root and spinal cord damage causing serious consequences. £91,090 to £160,980
BackSevere (a) (ii)In this bracket are back injuries with special features such as nerve root damage causing loss of sensation, mobility impairments as well as impairments to sexual functioning, the bladder and bowels. £74,160 to £88,430
BackSevere (a) (iii)This bracket includes injuries such as fractures and soft tissue damage or disc lesions that cause chronic conditions and disabilities such as continuing pain and discomfort. £38,780 to £69,730
BackModerate (b) (i)In this bracket there are back injuries that cause residual disability but it is less severe than in worse back injuries. £27,760 to £38,780
Back Moderate (b) (ii)This bracket includes many different types of back injuries, such as ligament disturbance that cause backache and pre-existing back condition acceleration.£12,510 to £27,760
BackMinor (c) (i)A full recovery is expected without surgery within 2-5 years.£7,890 to £12,510
BackMinor (c) (ii)A full recovery is expected without the need for surgery within 1-2 years.£4,350 to £7,890

What Are Special Damages?

Some back injury compensation claims will also result in special damages. Under special damages, you could potentially recoup any financial losses that were caused by your injuries.

For example, if you needed to take time off from work to recover from your back injuries, this could result in lost earnings. Under special damages, you could potentially claim these lost earnings back, along with the cost of:

  • Prescriptions and medical bills.
  • Mobility aids.
  • Home adjustments.
  • Travel.
  • Childcare and help with housekeeping.

Evidence of these losses will need to be presented in order to claim for them under special damages. This could include receipts, invoices and payslips, for example.

To learn more about claiming compensation for spinal injuries, get in touch with our team today.

A man in a white T-shirt holds a hand to a red painful spot on his back

Am I Eligible To Claim For A Back Injury?

In order to form the basis of a valid back injury claim, including for a spinal cord injury or soft tissue injuries, you must be able to prove that:

  • Another party owed you a duty of care,
  • They failed to uphold this duty,
  • As a result, you suffered a back or spinal injury.

The three criteria listed above form the foundation of negligence in personal injury claims. If you can prove the occurrence of negligence, then you may be able to claim compensation for a back injury.

The duty of care owed to you can differ in different situations. In the following sections, we’ll go into more detail on who owes you a duty of care at work, on the road, or in public and what this duty entails.

Read on to learn more about making a compensation claim for a back injury or a spinal cord injury, or contact our team of advisors today to get started.

How Long Do I Have To Make Back Injury Claims?

Are you aware that personal injury claims, including a back injury compensation claim, normally have time limits of 3 years? This limitation period, which is legally enforced by the Limitation Act 1980, usually applies from the date your injury occurred.

In some cases the rules for the limitation period can work differently. If the injured party is a child, then the three-year time limit won’t start until the child turns 18. It is the day when the potential claimant becomes old enough to start a claim on their own behalf. Before the claimant turns 18, a litigation friend could potentially be appointed to make legal proceedings on their behalf.

A limitation period for claiming usually doesn’t apply if the injured party lacks the mental capacity to start a compensation claim on their own. If this circumstance does apply, then a representative close to the injured person may be able to claim on their behalf as a litigation friend.

If you’d like to learn more about the role of a litigation friend or see whether you’re still within the relevant time limit to claim, please get in touch today for some free legal advice and support.

Claiming Compensation For A Back Injury at Work

It is important to note that, as an employee, your employer is expected to provide you with a work environment that keeps you as safe as reasonably possible.

The Health and Safety at Work etc. Act 1974 emphasises this obligation bestowed to employers. However, there are cases where you could suffer a back injury at work due to a breach of this legal obligation.

As a result, back injury claims may often be put forward. Back injury compensation is especially a potential outcome when an employer has failed to implement mechanisms that keep employees reasonably free from risk.

Such mechanisms can involve adequate training to avoid severe back injuries or health and safety protocols that support workplace safety.

But such mechanisms are no guarantee. For example, an employee could claim compensation for minor back injuries at work when their employer fails to take reasonable steps to protect them.

Claiming Compensation For A Back Injury After A Car Accident

Similarly to the sections above, in order to claim compensation for a back injury from a car accident, you must be able to prove that you were owed a duty of care, and that your injuries occurred because this duty was breached.

All road users owe each other a duty of care. This means that they must navigate the roads in a way that prevents harm to themselves and others, and it also means that they must comply with the Road Traffic Act 1988 (RTA) and the mandatory steps outlined in the  Highway Code.

If another road user breaches their duty of care, and this results in your injuries, you may be able to claim compensation for a back injury, spinal cord damage, brachial plexus damage or soft tissue injuries. Please note that with the introduction of the Whiplash Reform Programme, the way some claims valued under £5,000 has changed. Contact our team of helpful advisors today to learn more.

An X-Ray of a spine with a red pulsating injury mid-spine

Compensation for a Back Injury in a Public Place

When you are in a public place, the controller of the space owes all visitors a duty of care. This means that they must take steps to ensure the reasonable safety of visitors on the premises, as outlined by the Occupiers’ Liability Act 1957 (OLA).

This legislation applies to supermarkets, public parks, restaurants, and other spaces available to the public. For example, if you slip and fall on a spillage in a supermarket that wasn’t adequately signposted or cleaned up in a reasonable timeframe, and this causes you to suffer a back injury, then you may be able to make a back injury compensation claim.

To learn more about claiming compensation for back injuries, contact our team of expert advisors today.

What Evidence Is Needed Back Injury Claims?

You’ll need evidence to make a valid back injury claim. The evidence you gather should confirm the severity of your injuries, as well as who is responsible for them.

Evidence for back injury claims may include the following:

  • Medical records which confirm the back injury you’re claiming for and the treatment you’ve received.
  • Any video footage that shows the incident that caused your back injury, such as CCTV footage or dashcam footage if your injury occurred in a road traffic accident.
  • Photographs of the accident scene and your visible injuries.
  • The contact details of any witnesses, allowing them to give a statement at a later date.

If you choose to get support from a personal injury solicitor, then they can assist with gathering evidence that strengthens your case. To learn more about gathering evidence or how you could potentially get support from one of our solicitors, contact our advisors for free today.

Back Injury Claims – Connect With Our No Win No Fee Solicitors

Now that you’ve learned more about the back injury claims process, you might be interested in finding a back injury solicitor. Working with a solicitor can be beneficial in a number of ways; for example, a solicitor could help you support your claim with evidence. They can also explain any complex legal jargon that may come up during the process or arrange for a medical assessment and interim payments. 

One benefit of working with one of our personal injury solicitors is that you don’t need to pay a fee for them to start working on your compensation claim for a spinal cord injury, nor do you pay a fee for their continuing services or for their work if your claim fails. This is because our solicitors work on a No Win No Fee basis under a Conditional Fee Agreement (CFA).

If your compensation claim succeeds, then your solicitor will take a success fee. This is deducted from your compensation as a small percentage; however, this percentage is capped by law, which helps to make sure that you keep the majority of what you receive. 

Contact our team today to find out if one of our personal injury solicitors could help you claim for a back injury. An advisor from our team could evaluate your claim for free, and if they find it valid, they may connect you with a solicitor. To get started:

A back injury claims solicitor talks to a client at a desk

If you are still looking for free legal advice on making a back injury claim, you can contact Legal Expert today using the contact details included within this guide.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.