How Much Compensation Can I Claim For A Herniated / Slipped Disc?
A herniated disc can be a painful and even debilitating injury. Commonly known as a ‘slipped disc’, they are caused by the combination of several factors coming together. Having a slipped or a herniated disc is more common in people who spend a lot of time lifting heavy objects. This could be as a result of the person’s work, or overexertion when exercising. The actual injury may not present itself straight away and it might not even occur when you are lifting a ‘heavy’ object. Some people will be left with a slipped disc as a result of an accident or other injuries. In general, to cause a herniated disc, the injury needs to affect the spinal column or the neck.
How a slipped disc affects a person can vary quite considerably, and for some people, it will be a very painful injury which causes long-term discomfort and from which they do not completely recover. The extent of the injury will help to determine the amount of compensation which can be claimed. If you have had a herniated or slipped disc which was not your fault, you may have the right to claim for compensation. In this guide, we take you through all you need to know about herniated disc symptoms, causes, treatment and the compensation you may deserve.
Select a section
- What Is A Herniated Disc?
- What Causes A Herniated Disc?
- What Are The Common Herniated / Slipped Disc Symptoms?
- The long-term effects of herniated disc injuries
- Slips trips and falls
- Hernia Lifting Injuries And How To Lift Properly
- Reporting Back Injuries
- When Can I Make a Herniated or Slipped Disc Compensation Claim?
- Compensation amounts for a slipped disc
- No Win No Fee Herniated Disc Compensation Claims
- How To Make A Claim
- Why Choose Us To Make A Successful Claim On Your Behalf?
- Contact Legal Expert Today And Start Your Claim
- Useful Links
A slipped, herniated or prolapsed disc refers to an injury to one of the discs of cartilage which sit in your spine. When damaged, these discs can press on the nerves running down your neck and back. We tend to think of the spine as a single thing. But, your spine is made of 24 smaller bones or ‘vertebrae’. These are stacked one on top of the other. In between each vertebra bone, there is a pad of connective tissue or cartilage. This is what we call the ‘disc’. Inside the disc is a gel-like substance. The disc helps you to be flexible and means you can move about a lot.
Passing through the vertebra is the spinal cord which is a big bundle of nerve fibers (like a fiber optic cable) carrying messages from your brain to the rest of your body. If the outer part of the disc is damaged, the gel-like inner part can press through. This puts pressure on the nerves close to it. Herniated disc symptoms commonly include weakness, pain, and numbness.
Slipped disc’s cause irritation and pain to the nerves around them. Whilst this is usually expressed and pain, numbness, and weakness in the corresponding body part some people will not have any symptoms at all. Most of the time the hernia can be corrected without surgery, but more serious cases will require surgical repair.
The slipped disc can cause pain in the area affected as well as the part of the body which is controlled by those nerves the gel is compression or touching. The cause of a herniated disc is not always clear. A common factor is aging, but this is not always the case. As you get older the discs in your spine What Causes A Herniated Disc?lose some of their water and become a little less flexible. The makes them more likely to split open, and a hernia to occur.
There has been a link drawn between smoking and herniated or slipped discs. Over time smoking can cause the disc to lose some of its natural flexibility. Just like with water loss, this can cause them to split open. However, just because you smoke doesn’t mean this is the cause.
Common factors which can cause a herniated disc include;
- Bending in an awkward way,
- Lifting a heavy or awkwardly shaped object,
- Sitting for long periods of time. This can affect workers who need to sit for a long time,
- A high BMI or being overweight,
- Overexertion in exercises such as weightlifting or general gym workouts,
- Back injuries with common causes such as a fall or a car accident.
All of these causes can weaken or damage your back. They can also weaken or damage the gel discs between your vertebrae, leading to a herniated or slipped disc. If these have happened in your workplace, you could be entitled to make a workers compensation herniated disc claim.
For many people with a slipped disc, there may not be any obvious symptoms at all, especially in the back or the spine. The damage that has happened to your disc might not be severe enough to be causing you any pain, discomfort or loss of movement/ mobility. A minor hernia like this will heal naturally within a few weeks.
In other cases, people may feel different intensities of pain. The level of pain felt might be relatively insignificant and only cause noticeable pain every now and then. The pain could also be severe and be experienced as a shooting pain. This mainly comes from the disc touching the raw nerves in the spinal cord.
If a hernia is in the neck or top of the back, the symptoms could be much more severe. The pain will mostly affect one side of the body, depending on the disc and what it is coming into contact with. In the most serious cases, a herniated disc in the spine could even cause paralysis. This could happen on a temporary basis.
To determine the severity of your hernia injury, visit a doctor when you first notice the symptoms of a hernia. The will help your doctor determine your herniated disc treatment.
As previously mentioned, the long-term prognosis and effects of a slipped or herniated disc can be varied. Determining the severity of a workers compensation herniated disc case can be varied. Determining the severity and the long-term impact of the slipped disc on your health can form a key part of your compensation claim. Medical expenses as well as other costs of long-term medical issues can be varied and can often be expensive.
The long-term effects of a herniated disc are not just physical, they can also be psychological. When you are claiming personal injury compensation, you should look at all the different ways that the herniated disc injury has affected you and your life. Has it affected your quality of life? Has your overall emotional well being been affected by the accident? All of these are things you can include in your claims. These can also be hard to quantify in financial terms, but a doctor can help to assess what the overall impact hin been on your life.
Slips, trips, and falls are one of the most common types of personal injury claims. These types of accident can cause a variety of different injuries. One of which is a herniated disc. If you have any of the symptoms detailed above, as well as other symptoms such as tingling, numbness, or muscular weakness and headaches. If you have had a slip, trip or fall in the workplace and are experiencing some or all of these symptoms, you should see a GP and get a medical examination.
Every worker has the right to work in a safe environment, in a safe way, and with safe practices. Most workplaces do meet and exceed the minimum level of health and safety regulations. Following these regulations is important to ensuring your health. A common cause of a slipped disc is lifting an object in the wrong way. To avoid having a herniated disc when lifting at work, your employer should provide you with the correct lifting equipment, personal protective equipment and the right instruction on how to lift and carry the objects you are required to.
The Health and Safety Executive give manual handling guidelines which take you through the correct way to lift in the workplace. These guidelines cover all types of manual handling which you might encounter in the workplace. They can also apply to lifting an object in the home, or when exercising.
If it very important that you follow the correct guidelines when lifting objects. When lifting something heavy;
- Before you lift, check the weight of the object and that you can properly manage the weight. Check your work guidelines and make sure that (if needed) you have the necessary lifting equipment.
- Start by slightly bending your back, hips, and knees at the start of your lift.
- Keep the object close to your body and close to your waist.
- Lift in a slow and straightway, making sure not to twist or arch your back. Also, make sure you don’t lean to the side at all.
- Keep your head straight and look ahead both as you are bending down and up from the knee.
You can find out more about how to lift things in a safe way in the workplace with this guide to lifting from the NHS.
As soon as you notice your back injury, you should make sure that you report any back pain or suffering to your employer. Any employer has a duty of care which they must fulfill if you are experiencing any kind of back pain. Your employer is responsible for your health and safety whilst in the workplace. Once you have reported your injury to your employer, there are things which they can then do to make your work life easier for you. This may then reduce any pain or suffering you may be feeling. If you have an accident at work which results in a slipped disc, you should report it and ensure it is noted in the accident report log book. This will help with your worker’s compensation herniated disc claim. Seek further advice from your GP as well. A full medical diagnosis will help us to estimate how much compensation you may be entitled to receive. More evidence in your case will also make it easier for us to move your case forward quicker.
There are several conditions which need to be met in order for you to bring a claim for a herniated disc in the spine. To begin with, you need to demonstrate that a hernia or slipped disc has occurred and that this has caused your pain and/or suffering. You will need to see a doctor, have an examination and be able to show the medical report. You will also need to be able to prove that your slipped disc happened whilst at work and that it was the result of someone else’s negligence or actions. This helps you to make a stronger claim. As such it can take time to be able to establish all these requirements. Once your doctor has established that you have a hernia, we can work with you to establish that it happened in the workplace.
How much compensation are you entitled to claim for your slipped disc injury or accident? A solicitor or doctor will be able to tell you that no two accidents or herniated disc injuries are ever quite the same. As such it is difficult to estimate your compensation claim at an early stage. Different injuries can affect people differently. Your claim will often be affected by how severe it is and the longer term prognosis. Below, we have included a table with a guide to possible amounts of compensation you may be entitled too.
|Back Injury||Minor||£350 -£9,850||Temporary damage or injury to the back. Resutls such as short-term pain.|
|Back Injury||Moderate||£8,750 - £30,750||Damage or injury to your back. results such as long-term ongoing pain.|
|Back Injury||Severe||£30,750 - £123,300||Loss of motor function up to paralysis.|
|Neck Injury||Severe||£112,750 - £124,030||Neck injury resulting in partial paraplegia, or spastic quadriparesis. Little to no movement in the neck.|
|Back Injury||Severe||£69,200 - £122,350||Damage to the spine and nerve roots, leading to a combination of serious consequences.|
|Back Injury||Moderate||£21,100 - £29,475||Resulting in residual disability which is less severe. This category contains a variety of injuries.|
|Back Injury||Moderate||£9,500 - £21,100||Injuries to the soft tissues of the back which give rise to backache. Including acceleration of pre existing conditions.|
Until we have examined and reviewed your case, it is difficult to provide you with an estimate of how much compensation you may be entitled too.
Once you have discussed your illness, injury, or accident with a solicitor, they will be able to tell you what the likelihood of your claim for slipped disc compensation being successful is. Our solicitors will be able to work with you on a no win no fee basis. This means that you won’t have to make any up front or on going payments for your case. You also won’t have to pay if your case is unsuccessful. If you lose your compensation case, you won’t have to pay your solicitor anything for their services.
If you are successful in your claim, what you have to pay will be detailed in your no win no fee or conditional claim agreement. Not all solicitors offer no win no fee services on the same terms. When you start your claims process, your solicitor will walk you through our no win no fee or ‘conditional’ agreement. No win no fee agreements reduce the risk of having to pay legal fees for people who may not ordinarily be able to pay these costs up front. There are no hidden fees or charges and our solicitor will take you through what you are signing up for. You can find out more information about our no win no fee services here.
After we have reviewed all the evidence and information about your herniated or slipped disc, we will be able to establish that you are in fact suffering from a herniated disc in your back or neck. The next step will be to start your compensation claim case.
This means working with the right solicitor, one with enough experience to handle your case. Filing your herniated disc accident claim case can be a stressful process. People can often be put off taking legal action, fearing the costs which they think could result for this, whether they are successful or not.
We aim to work with you on your herniated disc compensation case to make it as stress-free as possible. We help you with everything from guides to free online or telephone consultations. We can talk to you over the phone or via email, helping you to get a clear understanding of your case. We will tell you if you have a good case or not. If you slipped disc is still causing you pain, or if it requires further medical treatment we can help you get the herniated disc treatment you need, diagnosing the full extent of your injuries. This can help your case.
Many people with a slipped disc or herniated disc may not even be aware they have it, or that they may be in danger of making it worse in their day to day life. Other people may have had a herniated disc as a result of their work, but have been unable to bring a successful claims case due to not having the right solicitor. The right solicitor can help to bring a successful case.
Clients choose to work with our team of expert solicitors for a number of reasons. We can work with you, offering a comprehensive range of legal advice and services. We can help you benefit from our expert and experienced legal representatives. We can begin your case by offering you a free personal injury claim consultation. This will help us to establish the validity of your case. We aim to support you in your recovery from an injury or accident. Take advantage of our great no win, no fee compensation claims service. We are committed to fighting your case, helping you to get the compensation which you deserve.
Most herniated discs will start to heal by themselves in just a small period of time, perhaps just a matter of weeks. However, sometimes herniated discs can become debilitating and may even require surgery to correct it. We will have a much greater chance of lodging a successful claim if you are able to show an accident report from work or a police report from a different type of injury which shows you have been injured, that it is not your fault, and that someone else is to blame.
It is in the interest of your claim to obtain professional legal advice from the start. No two personal injury or slipped disc claims are the same. Even if the type of injury and the circumstances are the same, the results of the injury and their effects on you could be totally different. Not seeing a doctor and getting a medical report, logging it in the accident report book, and seeing a solicitor at the earliest opportunity could jeopardize our collecting your evidence. Ultimately, this could affect the amount of compensation you could get for your slipped disc injury.
At Legal Expert, we are ready to start working on your herniated disc compensation claim case. We regularly handle cases covering all kinds of fast food accident and injury claims, providing advice for anyone who has been injured, either as a guest or an employee. We can start your claim with an initial free consultation session and discuss your claim over the phone.
Start your claim by talking to us today. You can contact Legal Expert by filling in our contact form or using our online chat feature. Alternatively, please call our experts today on 0800 073 8804.
Manual Handling Guidelines
These are very useful manual handling and lifting guidelines as produced by the UK Health and Safety Executive.
Back Accident Claims
Find out how to go about making a claim for a back injury or accident.