What back injuries can you claim for?
Back injury claims arise from many different scenarios and have a wide range of severity. The most serious spinal injuries are life-changing for both the injured person and their family. Slipped discs, sprains and soft-tissue injuries can have an impact on your life and affect your ability to earn income.
Back injuries often follow an accident at work. Others are made after a slip, trip or fall in a public place, and commonly after a road traffic accident. They can also be caused by clinical negligence.
However it occurred, if you have an accident that hurts your back, or develop back pain, you can make a claim if it can be shown someone else is at fault for your injury.
Pre-existing back injuries that are made worse
Having a pre-existing back injury does not prevent you from claiming compensation. If it is made worse, you can claim for this aggravation. If you have a previous history of back problems reported on your medical records, they will be taken into account when determining what you can claim for.
Workplace back injury claims
Most work-related back injury claims arise after lifting or moving heavy items or falling over at work. Claims can also be made following an injury due to repetitive tasks, a prolonged time in one position, or poor seating that doesn’t support the spine, neck or shoulders properly.
Whatever your job, your employer has a duty to keep you safe, and this includes preventing you from injuring your back by providing the right training, equipment and a safe working environment. The HSE provides specific advice for employers on how to protect workers from back pain.
Road accident back injury claims
Road traffic accidents often involve back injuries to both drivers and passengers, and commonly these are to the spine and neck.
Whiplash is probably the most well-known injury to suffer in a car accident, where damage occurs to soft tissues in the upper spine, through the neck and in to the shoulders and arms.
More serious spinal cord injuries can have life-changing consequences, resulting in paralysis and the need for ongoing, specialist care. Road users such as cyclists, motorcyclists and pedestrians, who don’t have the same protection as those in a vehicle, are especially at risk of severe spinal injuries.
Back injury compensation amounts
How much you can claim for a back injury depends on the severity of the injury and how it impacts your life.
When you make a claim, your solicitor will access your medical records and organise a medical examination to help to form a valuation of how much compensation you should be due. The cost of the medical assessment is not something you need to worry about and you will not have to pay for it.
Settlement values are comprised of what are known as general and special damages. General damages cover the injury itself and the effect it has on your life. For instance, whether the injury affects your ability to earn money, do your job, perform your usual activities outside work and how long you are likely to experience such problems. Special damages cover the financial costs you incur because of the injury – lost income, medical treatments, travel expenses, property damage, for example.
The table below provides a guide to average compensation amounts for back injuries suffered at work or elsewhere, not including the special damages element of a claim:
| Severity of back injury | Compensation amount |
|---|---|
| Severe | £36k - £151k |
| Moderate | £12k - £36k |
| Minor | £2k - £12k |
Accessing private therapy as part of your claim
Making a claim for injury compensation can be about more than money and actually help your recovery. Depending on your situation, our specialist solicitors can look to obtain a course of private or NHS therapy for you as soon as the defendants have admitted liability.
Third-party insurers are keen to help claimants recover from their injuries as quickly as possible to minimise the total settlement value. Paying for the costs of therapy early on avoids the potential for injuries to become ongoing and add to their costs for treatment and loss of wages.
There are two routes that a claimant can use to pursue rehabilitation therapies – seeking NHS or private therapy on their own, or by requesting that the party against whom they are claiming provides the therapy.
What do I need to make a back injury claim?
To make a claim, you will at least need to ensure that your injury is properly reported and recorded and medical treatment is received.
You should also see your GP or attend an A&E department to ensure that the details of your injury are noted on your medical records as this will provide evidence to support your claim at a later stage.
Don’t worry if this all seems a bit complicated – if you are in any doubt about what to do and need some clear, honest advice, tell us about your situation and we’ll be glad to help.
At Direct2Compensation making a no win no fee claim for back injury compensation is easy. With over 25 years’ experience, you can use our knowledge and expertise to get your claim off to the best start. There is no charge for assessing your case, so you have nothing to lose and much to gain if you can make a successful claim. It’s usually really quick for us to find out if you have a valid claim, just leave a question below, call us on 01225 430285, or .
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