How Much Could I Claim In Herniated Or Slipped Disc Compensation?
By Danielle Jordan. Last Updated 6th February 2024. Welcome to our guide on slipped disc claims. A slipped disc injury 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. These injuries are more common in people who spend a lot of time lifting heavy objects.
How a slipped disc injury affects a person can vary quite considerably, and for some people, it will be a very painful injury that 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 that can be claimed.
If you have had a herniated or slipped disc that was not your fault, you may have the right to claim compensation. In this guide, we take you through all you need to know about the personal injury claims process, and the compensation you may deserve.
To speak to an advisor about making a personal injury claim for a herniated or slipped disc, you can contact the Legal Expert team online or on the phone. Our advisors can offer you free advice for your slipped disc injury claim. You can reach us by:
- Using our contact form
- Reaching out through our 24/7 live chat service on our website
- Calling us on 0800 073 8804
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To learn more, please keep reading. You can also watch our video which gives you the key points from the guide:
What Is The Average Payout For a Herniated Disc In The UK?
Herniated disc compensation is valued on a case-by-case basis. This means that every payout is unique, so it can be hard to establish an average amount of compensation. However, we can give you more information on how this compensation is calculated and what it could consist of.
You could receive up to two heads of loss for a successful slipped or herniated disc compensation claim. The first is general damages, which covers the pain and suffering caused by your injuries. General damages also consider how your injuries have affected your day-to-day life by covering loss of amenity.
Those valuing this head of your claim may refer to the Judicial College Guidelines (JCG) to help them. This document provides a list of guideline compensation amounts for different injuries, including slipped and herniated disc injuries.
In the table below, you can find some examples of these guidelines. Please note that these amounts aren’t guaranteed, and that the first entry has not been taken from the JCG.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Multiple Severe Injuries With Financial Losses | Severe | Up to £200,000+ | Compensation for several severe injuries and their financial losses such as care costs and a loss of earnings. |
| Neck Injury | Severe (ii) | £65,740 to £130,930 | Injuries that involve damage to discs in the cervical spine or serious fractures. There will be long lasting disabilities and potential loss of function in the limbs. |
| Neck Injury | Severe (iii) | £45,470 to £55,990 | Injuries in this bracket, such as fractures and ruptured tendons result in chronic conditions and significant permanent disability. |
| Neck Injury | Moderate (ii) | £13,740 to £24,990 | Wrenching-type injuries and severe disco lesion resulting in cervical spondylosis, serious movement limitations, permanent or recurring pain, stiffness or discomfort and increased vulnerability to further trauma or possibly requiring further surgery. |
| Back Injury | Severe (iii) | £38,780 to £69,730 | Disc fractures, disc lesions and soft tissue injuries which may result in chronic conditions and continuous disabilities. |
| Back Injury | Moderate (i) | £24,990 to £38,490 | Prolapsed intervertebral disc that requires surgery or damage to an intervertebral with related nerve root irritation and impaired mobility. |
| Back Injury | Moderate (ii) | £12,510 to £27,760 | This bracket includes many frequently encountered back injuries, such as prolapsed discs and ligament disturbance. |
| Back Injury | Minor (i) | £7,890 to £12,510 | Injuries included in this bracket include less serious strains, sprains and disc prolapses with recovery taking between 2-5 years. |
| Back Injury | Minor (iii) | Up to £2,450 | Full recovery will occur within 3 months. |
What Else Can I Claim For A Herniated Disc?
Additionally, you may be able to claim back any of the financial losses you suffered due to your injury under special damages if you make a successful slipped disc injury claim.
Some examples of the financial losses and costs that could be compensated for under special damages include:
- A loss of earnings if you required time off work due to your back injury.
- Medical costs, such as paying for over-the-counter pain relief rehabilitation such as physiotherapy.
- Travel expenses, such as paying for taxi or train fares to medical appointments.
You will need to present evidence of these losses with documents such as payslips and invoices.
Contact our advisors today if you still have any questions regarding how much compensation you could receive for a successful slipped disc compensation claim. They could also provide you with a free valuation of your case and may connect you with a personal injury lawyer.
When Can I Make A Slipped Disc Compensation Claim?
If you want to know how to claim compensation for herniated or slipped disc injuries, as with any type of personal injury claim, you’ll need to establish that someone else’s negligence has caused your injuries. Negligence occurs when a duty of care that is owed to you is breached resulting in an injury that could have been avoided.
A duty of care is owed to you in several settings. For example:
- At work – your employer should do what can be reasonably expected to ensure your health, safety and welfare at work. This is outlined in the Health and Safety at Work etc. Act 1974.
- On the road – the Road Traffic Act 1988 states that motorists must not drive without due care and attention and without reasonable consideration for other road users.
- In public – the Occupiers’ Liability Act 1957 sets out the duty of care that occupiers of land or buildings have to ensure visitors are reasonably safe whilst on their premises.
Negligence may have caused your slipped disc, meaning you could have grounds for a valid claim. However, it’s worth reiterating the importance of collecting evidence to prove a duty of care that was owed to you was breached and you were injured as a result.
Continue reading to learn about the average payout for a slipped disc injury in the UK. Alternatively, speak with our advisors to see whether you may be eligible to make a personal injury compensation claim.
Time Limits For Slipped or Herniated Disc Compensation Claims
It’s important to make sure that you begin your compensation claim for slipped disc injuries within the correct time limit. The time limit for starting a personal injury claim is generally three years from the date of your injuries, in line with the Limitation Act 1980.
However, this time limit only applies to those aged 18 or over. If you are injured as a minor, then the time limit is frozen, and you won’t be able to claim for yourself until the time limit comes into effect on your 18th birthday. However, a litigation friend can begin proceedings for you at any time while the limit is frozen.
Likewise, the time limit does not apply to those who lack the capacity to claim for themselves. In these cases, it is suspended indefinitely and will only come into force if the claimant recovers the appropriate mental capacity. However, a litigation friend can start proceedings on behalf of the claimant at any time while the limit remains suspended.
Our team can help you find out whether you are within the time limit to make a herniated disc claim when you get in touch today.
What Are The Causes Of A Slipped Disc Injury?
There are various ways in which you could suffer a slipped disc. However, in order to be eligible to seek compensation, you must prove that a liable party breached the duty of care they owed to you.
Here are a few situations that can result in a slipped disc:
- Inadequate manual handling training at work. As part of their duty of care, your employer should provide you with manual handling training if this is required to safely carry out your work duties.
- A car accident. The jerking movement if you are hit from behind can cause a back or neck injury.
- Falling from a height. For example, a hard landing can result in a disc injury.
- A slip, trip and fall can also cause a spinal cord injury. Your torso may twist out of place while slipping and tripping, which can cause the injury, as can a hard landing.
If you have any questions about the average payout for a herniated disc or to discuss the incident that caused your injury, speak with an advisor from our team.
Evidence That Can Support Herniated Disc Injury Claims
Now that we’ve discussed the meaning of a slipped disc as well as the potential causes of a slipped disc, you might be ready to make a personal injury claim. However, you’ll need evidence that can prove you have been injured and that the defendant breached their duty of care.
Below are examples of evidence you could gather for a claim after suffering a slipped disc in your back:
- You could request CCTV footage of the accident that caused your injury. This may be applicable if your accident happened in a public place, such as a restaurant.
- Speak to witnesses and ask for their details so that your solicitor can contact them for a statement during the claims process.
- Getting a diagnosis from a medical professional can offer evidence of your injuries. One of our solicitors could arrange an assessment for you if you work with us.
- Anything that can prove special damages you may be able to claim for, such as a bank statement, receipts, invoices or your wage slip.
Once you have gathered evidence, your claim could be eligible for personal injury compensation. If you are wondering what compensation you could receive, we’ll discuss potential figures in the next section. However, if you would like to speak with us, get in touch at any time.
Claim Slipped Disc Compensation With Our No Win No Fee Solicitors
After a slipped disc injury, you might benefit from hiring a No Win No Fee solicitor to help you put together your personal injury claim. Personal injury solicitors who work under this arrangement will offer you a form of No Win No Fee contract called a Conditional Fee Agreement. One advantage of this is that you won’t need to pay your solicitor for their services should your claim fail.
Usually, under this agreement, there are no upfront legal fees whilst ongoing costs accrued during the claims process are covered too. A success fee is deducted from your compensation if your claim succeeds, but you won’t be overcharged as the fee is capped under the Conditional Fee Agreements Order 2013.
If you have suffered a prolapsed or herniated disc, and would like to work with a No Win No Fee solicitor, we could arrange this for you. Furthermore, our expert solicitors can use their experience to let you know the average payout for a personal injury in the UK. To receive free legal advice from our advisors, you can:
- Call us at any for free on 0800 073 8804
- Request a free call back by completing the online claim form
- Use our 24/7 live chat service using the widget on your screen
Useful Links On Slipped Disc Compensation Claims
- Compensation for a Moderate Back Injury
- Lower Back Injury Claims
- Army Back Injury Claims
- Stolen Vehicle Accident Claims Guide
- Personal Injury Claims Guide
- Read this to learn more about claiming for neck pain after a car accident
- Learn how to make heavy furniture lifting injury compensation claims with our helpful guide.
- Get compensation if a driver ran over your foot. Learn about the claims process with our guide.
- Advice on claiming for a soft tissue injury. Learn more about the soft tissue injury claims process with our guide.
- Get more information on the minimum speed for a whiplash claim by reading our informative guide.
