Claiming For A Back Injury Due To No Health And Safety Training
By Stephen Hudson. Last Updated 12th July 2023. In this article, we investigate how to make a personal injury claim if you experienced a back injury caused by no health and safety training.
Employers have a legal duty to protect their employees’ health and safety. We look at the key legislation governing health and safety at work.
Back Injury Caused By No Health And Safety Training Claims Guide
A lack of health and safety training could lead to a back injury ranging from a pulled muscle to a fractured vertebra and even compressed nerves. We investigate different back injuries and also explore ways your employer could prevent them through adequate training.
If employer negligence resulted in your back injury, you might decide to seek compensation. This article cannot tell you how much your settlement is worth but what it can do is provide examples of payout figures.
To bring this article to a conclusion, we investigate how hiring a No Win No Fee solicitor for your back injury at work claim can be beneficial.
To get in touch with a member of our claims team for advice on your personal injury claim:
- Start your claim online.
- Call us on 0800 073 8804.
- Use the live chat feature found at the bottom of the screen.
Select A Section
- Employer’s Health And Safety Responsibilities
- What Should Health And Safety Training Include?
- How Could A Lack Of Training Cause A Back Injury?
- Potential Back Injuries Due To No Health And Safety Training
- How Long Do I Have To Claim For A Back Injury At Work?
- Compensation For A Back Injury Caused By No Health And Safety Training
- Back Injury At Work Claim – No Win No Fee Solicitors
Employer’s Health And Safety Responsibilities
Section 2 of the Health and Safety at Work etc. Act 1974 (HASAWA) states that employers owe their employees a duty of care. This means that they must take reasonable steps to reduce workplace risks. To avoid a back injury, for example, your employer should ensure that they provide adequate training and the necessary supervision where it is needed.
If you can prove that your employer did not take reasonable steps to reduce workplace injuries, you might be able to make an accident at work claim. You must be able to prove that your workplace injury, such as a herniated disc, was caused by your employer disregarding the duty of care owed to you.
Contact our personal injury claims team to discuss how your employer’s breach in their duty of care caused your back injury.
What Should Health And Safety Training Include?
Identifying specific back injury risks, which will be different depending on the nature of your employment, is key to exploring the training that will be needed. A warehouse employee may be at more risk of manual handling injuries, for example, than an office worker, so training should be tailored to fit the job tasks and work environment. Risk assessing all workplaces is key to identifying risks.
Manual handling training may include:
- Correct lifting techniques.
- Instructions on the maximum you can hold and carry.
- Avoid pushing, pulling and dragging objects.
Health and safety training isn’t just to reduce a back injury risk. It should include training in how to protect workers from other risks specific to their workplace. Also, back injuries are not just associated with manual handling. Office workers should be instructed on the correct posture to avoid backache and back-related injuries.
Contact our personal injury claims team with any questions about claiming for your back injury.
How Could A Lack Of Training Cause A Back Injury?
As part of their duty of care, employers should ensure that their staff receive appropriate training specific to their job role. Inadequate training could result in a back injury.
Manual handling injuries could cause lower back pain, for example, from bending in an inappropriate position. On-job health and safety training where employees are expected to lift and carry objects should consider this.
Strains could occur due to repetitive actions, such as packing objects from a conveyor belt into a box. Employees could be taught on ways to reduce the risk if the repetitive task cannot be avoided. Workers required to sit in front of a computer for long periods of time could be taught ways to avoid lower back pain.
Call our advisors for free legal advice if your back injury was caused by no health and safety training.
Potential Back Injuries Due To No Health And Safety Training
A lack of health and safety training could cause:
- Lower back pain, such as from a strain or other soft tissue damage.
- A herniated disc is also called a slipped disc or prolapsed disc.
- Musculoskeletal disorders, such as from repetitive actions.
- Nerve compression leads to issues with your bowel and bladder.
After a back injury caused by no health and safety training, you may wish to seek legal advice. Personal injury solicitors could help you gather supporting evidence should you want to file a back injury claim. In addition, an assessment of the severity of your back injury will be required as part of your claim. This allows for an accurate understanding of your injury and what impact it could have on your life. Your personal injury solicitor could arrange this for you. It helps to ensure that the amount you are claiming is claimed for in full. If your claim reaches a settlement, you cannot reopen it to claim for symptoms that weren’t included. Additionally, a solicitor could request CCTV footage of the accident that caused your injuries as well as get witness statements.
For your back injury caused by no health and safety training, our personal injury claims team could put you in touch with a No Win No Fee solicitor.
How Long Do I Have To Claim For A Back Injury At Work?
If you have valid grounds to claim compensation for a back injury at work due to a lack of health and safety training, then you should be aware that there is a time limit for starting proceedings. The Limitation Act 1980 sets out that there is generally a three-year time limit for starting a work injury claim.
The three-year time limit can work differently under certain circumstances. For instance, if the injured party is under the age of 18, then the time limit is paused until the day of their 18th birthday. A claim could be made on the injured party’s behalf by a court-appointed litigation friend before this day. If, however, this doesn’t happen, then the injured party will have three years to start their own claim from the day they turn 18.
If someone injured at work lacks the mental capacity to make a claim, then the time limit is suspended indefinitely. A litigation friend could make a claim on the injured party’s behalf. However, if the injured party later regains this mental capacity before a claim is made, then the three-year time limit will apply from the date of recovery.
Contact our team of advisors online or on the phone today if you need any help with making a back injury at work claim.
Compensation For A Back Injury Caused By No Health And Safety Training
Your back injury at work claim could be made up of two heads. Firstly, general damages compensate for your back injury and any psychiatric injury caused by the accident itself or being injured. The second head is called special damages. It aims to recover costs you may have spent on coping with the injury. Further information is provided in the sections below.
General Damages
As part of your back injury claim, you will need to have value assigned to your injury. Legal professionals, such as personal injury claims specialists, will use a document called the Judicial College Guidelines (JCG). Examples of injuries sit next to potential compensation brackets. The figures in the table below are from the spring 2022 edition.
| Injury | Severity | Potential Compensation | Notes |
|---|---|---|---|
| Back | Severe (a) (i) | £91,090 to £160,980 | Severe pain with disabilities that could include incomplete paralysis, and impairments to sexual functioning, bladder and bowel from spinal cord and nerve root damage. |
| Back | Severe (a) (ii) | £74,160 to £88,430 | Injury with special features such as nerve root damage leading to impairments with mobility and sexual function as well as the functioning of bladder and bowel. |
| Back | Severe (a) (iii) | £38,780 to £69,730 | Chronic conditions from disc lesions or fractures or soft tissue injuries despite treatment. |
| Back | Moderate (b) (i) | £27,760 to £38,780 | Less severe residual disability than seen in back injuries of a more severe nature. |
| Back | Moderate (b) (ii) | £12,510 to £27,760 | Ligament and muscle disturbance or soft tissue injuries causing back ache and exacerbation of pre-existing back conditions. |
| Back | Minor (c) (i) | £7,890 to £12,510 | Full recovery without surgery within 2-5 years. |
| Back | Minor (c) (ii) | £4,350 to £7,890 | Full recovery without surgery within 1-2 years. |
| Neck | Severe (a) (ii) | £65,740 to £130,930 | Disability from serious fractures or disc damage in cervical spine. |
| Neck | Severe (a) (iii) | £45,470 to £55,990 | Chronic conditions from injuries such as fractures, dislocations, severe soft tissue damage or ruptured tendons. |
| Psychiatric | Moderately Severe (b) | £19,070 to £54,830 | Although the future is more positive than seen in a psychiatric injury of a more severe nature there are significant problems experienced in life due to the symptoms. |
Special Damages
To recover costs incurred from your back injury caused by no health and safety training, you will need to supply proof, such as your payslips or receipts.
Examples:
- Loss of earnings/future earnings.
- Additional medical expenses, like therapy.
- Transport costs.
- Home and vehicle adaptations.
Contact our team for a free estimate of your back injury claim.
Back Injury At Work Claim – No Win No Fee Solicitors
If you decide to hire the services of a personal injury solicitor to pursue your back injury claim, you could hire a No Win No Fee solicitor providing legal services under a Conditional Fee Agreement (CFA).
Your back injury lawyer won’t charge you an upfront solicitors fee. They’ll take a success fee from your award. This success fee is subject to a legal cap. You will not have to pay for your personal injury lawyer’s services if your claim does not succeed.
Our personal injury claims team can help you start your back injury at work claim today. If your claim seems like it might succeed, you could be passed onto our solicitors. If a solicitor decides to take your claim and you wish to proceed, their services will be provided under a CFA.
To speak to us about your back injury caused by no health and safety training:
- Start your claim online.
- Call us on 0800 073 8804.
- Use the live chat feature found at the bottom of the screen.
Health And Safety Resources
Links that may help you:
Further guides from Legal Expert:
