Back Injury At Work – Can You Claim Compensation?

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Whatever your job, your employer has a duty to keep you from injuring your back by providing the right training, equipment and a safe working environment. Here we look at how to claim if you injure your back at work and what level of compensation you can expect. While most back injuries are usually caused by lifting heavy items or falls at work, they can also result from repetitive tasks, prolonged time in one position or poor seating that doesn’t support the spine, neck or shoulders properly. Back injuries can have long-lasting implications, and as such, compensation amounts can be fairly substantial.

Table of contents

Employer responsibilities to ensure safe lifting at work

Most back injury claims arise from lifting or moving heavy items at work. All employers have a responsibility to ensure that staff members are adequately trained in how to lift items safely. Safe lifting and carrying is commonly known as manual handling training.

Your employer’s duty of care in this respect is set out by the Health & Safety Executive in the Manual Handling Operations Regulations 1992. This requires an employer to implement policies and procedures to ‘prevent or reduce the risk of injury’ faced by workers required to perform manual handling.

This applies whether you are loading and unloading deliveries, an NHS or care worker handling patients, shifting stock in a shop, or simply moving boxes in an office.

Good employers will ensure new staff undergo a basic health and safety induction to the workplace, as well as manual handling training to prevent back injuries.

As well as training new staff, employers should also ensure that existing staff are provided with regular refresher training (usually every 3 years) and updated guidance.

If you’ve had no manual handling training and injure your back

If you work for an employer who has not provided proper manual handling training, and you hurt your back lifting or moving objects, you will have a very strong work injury claim. They are putting all staff at risk of injury and could be liable to pay manual handing injury compensation as a result.

Can you still claim if you’ve had manual handling training?

Yes, you can still claim. We regularly help workers who have had manual handling training claim for back injuries. Commonly, they have been forced to work in places that prevent them lifting or moving safely, or have not been provided with the correct equipment to do so.

Providing manual handling training does not mean an employer is not responsible for any back injuries caused by lifting at work – it’s also essential to provide an environment that enables staff to work safely and in accordance with that training.

The maximum weight you should be lifting at work

Health and safety guidelines recommend that no person should attempt to lift an item that exceeds 25kgs in weight without the assistance of a second staff member or hoist.

Trolleys should also be provided to move items once lifted, as this will reduce the stress placed on the employee’s lower back.

If you work for an employer who expects you to lift items of 25kgs or more without assistance, you are likely to suffer a back injury, and if so, would have a very strong claim for compensation.

However, some types of back injury, such as a slipped disc, can be caused by lifting light items, so the weight of what you’re lifting isn’t the only factor at play.

How to claim for a back injury at work

Whatever the cause, a back injury claim will only succeed if you can prove your employer is at fault because they were negligent. In other words, that they failed to prevent or minimise the risk of a back injury. The HSE provides specific advice for employers on how to protect workers from back pain.

If you or your colleagues already warned your employer that a potential risk of back injury existed due to unsafe lifting practices, the weight of an object, a lack of equipment or otherwise, try to find a written record or witness evidence of this.

To make a claim, you will at least need to ensure that your injury is properly reported and recorded and medical treatment is received.

If your employer refuses you access to the accident book, you should contact us for advice. There are still things you can do if no record of the accident has been made.

You should also see your GP or attend an A&E department to ensure that the details of your back 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.

What if you have a pre-existing back injury that’s made worse by your job?

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.

Back injury compensation amounts

How much you can claim for a back injury at work depends on the severity of the injury and how it impacts your life. Minor soft-tissue injuries will obviously be valued lower than severe spinal injury claims.

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, not including the special damages element of a claim:

Severity of back injuryCompensation amount
Severe£36k - £151k
Moderate£12k - £36k
Minor£2k - £12k

Can you be sacked for making a back injury claim?

Making a back injury claim against your employer can be a worrying prospect. You may be concerned how it will affect the business and your job security, or that of your colleagues. Rest assured, these worries are typically unfounded.

Firstly, it’s your employer’s liability insurance that will pay any compensation, rather than the business itself.

Secondly, employers are not allowed to dismiss you or threaten you with the sack for making a claim. Your employer has responsibilities to injured staff and you have rights after an injury to help you recover, which includes claiming compensation.

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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Comments & Questions

Read on for questions and advice about claiming, plus work back injury claim examples...

I was employed for 28 years as a site supervisor which involved a lot of manual work often being forced to lift and move extremely heavy items.
I received no guidance on manual handling until well into my employment, this was many years well over 10 years. I had back surgery for herniated disc L5 and returned to work approx 10 years ago at which time I was advised it was a phased return for 1 month only and would then be required to carry out all aspects of the role. I subsequently suffered herniated discs and was left with no choice but to finish my employment in 2015 as the work was to hard I’m currently awaiting surgery on the same discs, do I have grounds to claim?

Ian Morris

It would seem that your former employer was negligent in their handling of your safety at work. However, the time that has lapsed between you suffering the injuries mentioned and being left unable to work and now puts you out of limitation and unable to make a claim for personal injury. Unfortunately, all claims MUST be made within 3 years of the date of an injury or date at which you became aware of the severity of your injuries.

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I have injured my back at work, and awaiting a chiropractic report on the damage done.
I am expected to lift weights of up to 52kg (radiators & boilers), and have never been shown the correct way to do this, nor shown how to fill in an accident report.
Do i have a claim against my employer?

Ian Morris

You certainly have a valid claim. The weight of the items you mention (52kg) exceeds safe lifting limits and are of a weight that should never be lifted by one employee. This, combined with the employers failure to provide you with appropriate manual handling training indicate that you have strong claim.

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I’ve had sciatica pain, leg and back, for 2 years now and recently has got so bad keeps me awake. I think this caused by lifting washing machines, fridges etc at work. My employer has terminated my employment after 35 years on another issue to avoid paying redundancy. Can claim compensation for what I think is a work caused condition?

Ian Morris

You have a right to make a claim for compensation so long as you do so within 3 years of the onset of any symptoms. The issue that needs to be considered carefully is causation – that is to establish that the injury is related to heavy lifting at work and not due to degeneration or some other trauma.

Did your employer provide you with manual handling training and equipment to assist with the lifting and moving of the washing machines, fridges and other white goods?

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I work for a company that distributes a group of products that exceed 25 kilos. We are expected to lft these as individuals and I have developed a weak back that sometimes goes into spasm. I recently said I was finding the work harder (I am 63) and I have been told that my hours are being reduced by 50% and my inability to do heavy lifting was given as one of the criteria. Can I claim for years of heavy lifting reducing my ability to lift?

Ian Morris

Any claim must be made within 3 years of the onset of symptoms, or the date at which you ought to have known that you had developed symptoms. With regards to the back problem you have developed, when did you first become aware of it and when did you first attend your GP regarding the condition?

Essentially, as you are being asked to lift weights exceeding the safe lifting limit, a claim would be valid – we just need to know more about the timeline to make sure that the claim is within limitation.

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Hello I have injuried myself at work and took my employers to a tribunal which I won for discrimination. I was later unfairly dismissed with 3 hernia and a back injury could I receive any compensation for this please advice.

I injuried myself end of January 2019 and was diagnosed with sciatica and back pain then. I had a scan and had 3 hernia repaired. They waited until I was healed before I could have a scan on my back and it as just come through I have slip disc.

Ian Morris

The tribunal and employment issues should be seen separately to any injuries that you may have sustained at work and the tribunal hearing that you won for discrimination is not relevant to personal injury compensation – although it does indicate that your employer may not have acted appropriately towards your health and safety at work. As such, if you have not yet already made a claim for the injury you sustained in January 2019, please contact us at the earliest opportunity on 01225430285 as you have just over 12 months of your 3 year claim limitation period remaining available. With this in mind, it is important to act quickly and avoid any further delay in making your claim for injury compensation.

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I used to work for a steel company till we all got made redundant but a few years ago. I had an accident where I felt and heard a disc in the lower back pop out and went for x-ray and got told that disc had come out. I was put on strong medication for it as pain was unbearable, and had to go for physio for a length of time, but still suffer from pain. The accident was put in book, but it happened around 6 years ago. I couldn’t claim at time as I know I would have lost my job as people who claimed compensation from them soon after would lose their job.

I never had any handling training before the accident. Is it too late to claim now?

Ian Morris

Your former employer appears to have stolen your right to make a claim for compensation due to their illegal actions of dismissing staff who pursued a legitimate claim. As more than 3 years have now passed, you cannot make a claim for compensation as you must do so before the 3rd anniversary of your injury. This is really unfortunate as you would likely have succeeded with a claim if you had made on in time as the employer’s failure to provide manual handling training is employer negligence.

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Hi I hurt my back at work lifting a trailer bar to hook it off. I didn’t go to the Doctor and the work didn’t record it. They never gave me any training or a course but now they are starting to send us on courses.

Can I make a claim as I still suffer with my back but I have not seen a Doctor? The employer did only put me on light duties.

Ian Morris

When did you have the injury? If the incident happened within the past 3 years, you have a right to make a claim. Of course, the lack of an accident book entry and a lack of medical records could make succeeding with your claim less likely, but as things stand you can still claim without having seen a doctor yet, we would be happy to have our Solicitors further consider this for you.

Please call us on 01225430285 to provide further details.

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Hello, I suffered torn abdominal muscles in March 2019. I was told to lift a 50 kg box onto the van. I picked it up at a funny angle, I heard it tear. My boss and his son laughed and because it’s a small family business I do the majority of everything. I have worked there for 32 years. I never signed a contract nor has there been any health and safety, no HR, nothing. I have never been trained in lifting procedures or any health and safety. I went on holiday three days later being in agony for the whole holiday and spent it in bed. I couldn’t walk fifty yards without having to sit down because my legs went like jelly. Being in the abdominal region which is the core of your body it ruined my holiday. When I returned home I went to see my GP a couple of times. I was never allowed to have time off unless I was dying. I was advised to purchase a stomach support band for two months.

Eventually I developed pneumonia and collapsed outside a restaurant. I was told to get a taxi to an NHS emergency centre and they wanted to admit me to hospital, but I told him I had to work the next day, so they just give me antibiotics. It’s been like this for 32 years In which I only had 15 days off sick and four of them where my own family members funerals. I rang the the councils health and safety around seven years ago anonymously. A lady came round and threatened to close him down if he didn’t sort the issue in two weeks. She came back and he just locked all the doors and never heard from her again.

Ian Morris

Your employer clearly ignores their obligatory duties regarding Health and Safety in the workplace and the requirement of employers to reduce the risk of injury in the workplace.

In this case, the lack of manual handling training and inadequate employer guidance regarding safe lifting has caused you to sustain the injury to your abdominal muscles. As such, you have a valid right to make a claim.

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I am concerned about the potential for injury.
i just started a new job. desperate times taking on a job better suited for a younger guy. I’m 52 strong but not as supple as I once was. my job involves delivering large hot tubs and equipment. taking off truck, and dragging it into position on a sledge. sometimes there is an old one that needs collected and put back on the truck. items weigh 300-500kgs and we are expected to manage with myself and one other. We have been trained on how to lift signed lots of paperwork. I couldn’t turn down the job as I was in need. The other day I could feel the strain just that second as we lower to the ground or lift from ground. i cant risk share my concern with bosses as i need the job. but worried what will happen if i do put my back out. I work through a temp agency. will I be able to claim any medical cost and compensate for time unable to work if any injury ?

Ian Morris

Your employer is obliged to ensure that you are provided with the correct manual handling training to enable you to lift safely and identify items too heavy to lift without assistance or equipment. If your employer fails to provide the same and you sustain injury, you could pursue a claim against their insurance for compensation for the injuries sustained and loss of income.

In reality, if you are concerned about injury, you should ask your employer for training and see if they are willing to do the right thing.

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Around 1 year and 10 months ago, I was working in a storeroom following the correct training methods of lifting, I pulled my back whilst lifting stock. When I injured my back, uninformed on my rights to declare the injury, I asked my peers and supervisors whether I should report my injury to which they said it was unnecessary. Reflecting on their response it was clear they wanted to diffuse me doing so and persuaded me to not feel the need to report it. Since then I have attended a GP and have had sessions to recoup my back issues with physiotherapy.

I am currently doing my CSCS course and have learned about Health and safety extensively, I feel done wrong by the company, and also that they have not complied by law to report this injury!

Please could you advise as to whether there is anything I can do?

Ian Morris

Your former employer should have recorded your injury at work – regardless of whether they or you were at fault.

As you appear to have received training from the employer and were following that, it may not be possible to pursue a claim.

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I am a Support Worker and support adults with learning difficulties, over the years I have been asked to move heavy furniture from residents rooms up and down the stairs. My back problem started after I was asked to move an electric chair which was heavy, up the stairs. I had to lift it above my head so as to get the chair over the banister rail as I went up the stairs. Since then I have had lower and upper back pain, my ability to twist to the left causes a sharp pain. I have spent over 1000 pounds with a Chiropractor and I’m no better off, except for numbness in my finger and foot which took a month to go. I had a service user who was unable to get out of the bath for many months and I had to lift him out on my own on many occasions, suffice to say this didn’t help my back at all. I asked my manger to get a bath lift or walk in bath and I was told the council wouldn’t pay for that. I have since moved to another house in the company.

Ian Morris

It is likely that the item you were asked to lift exceeded the safe lifting limit and the way that your employer was asking you to work was negligent. We actually help quite a few support workers injured in this way.

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Hi I have a drop foot problem that I’ve had for over a year. I remember how it happened when lifting a heavy electric recliner sofa. I thought it was a muscle strain so wasn’t reported to the manager, our container operation has had no risk assessments done on tasks that may be carried out. I’ve worked on with it for over a year, the pain has got gradually worse. I emailed my operation director some months ago about the trouble I was having with the injury, she said she would wait for a the retail manager to return from holiday and would set up a meeting that to date hasn’t happened, over two weeks ago I emailed her again asking for occupational health to assess me, as yet nothing has been done and no written response has be made been received.

Ian Morris

We would like to speak with you regarding the drop foot injury that you are suffering and the work you do/have done. We would like to know more about what training – if any, the employer has provided and what equipment they provide to help you with safe lifting, as it would appear that you have a valid right to make a claim against them.

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I have hurt my back at work, been signed off for a month, been given strong painkillers, only done 2 weeks still have the rest to go, it all happened as the company is not watching there staff to make sure they are doing the right thing and using the right equipment, can I claim?

Ian Morris

Please call us on 01225430285 to start your claim. Your employer has a duty of care towards you if you are doing lifting or handling items of weight at work. If the employer has failed in that regard, you have a valid claim for compensation and we would be happy to help you.

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I was working in a warehouse and had no experience. They threw me right in, I was being shouted at with no clear instructions telling me I had to move faster. I had to carry heavy items by myself without any training on how to carry items safely and have injured my leg and back. I also fell through a hole between a truck and the warehouse floor as no one warned me there was a hole. There was no wooden pellet being used to cross it. I’m not sure of what the injury is but it feels like a tear in my muscles.

Ian Morris

We think that you have a strong case to make a claim for compensation and we would like our Solicitors to act for you in this matter. Your employers appear to have failed to carry out their statutory obligation to ensure that you were appropriately trained, given the correct guidance regarding safe lifting and not warned of an obvious hazard with the hole in the floor of the work area. As such, our Solicitors could mount a claim on the basis of employer negligence and seek compensation for your injuries and any loss of income or other incurred costs caused by the accident at work.

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Hi

For around 6 months I’ve been starting to get pains in the bottom of my back very frequently of mild to moderate pain. Often after lifting something heavy, standing or siting for a long period at a time. I believe this was caused by my job I am constantly lifting boxes around the 25kg mark sometimes more. And also lifting metal bars that can weigh much more than 25kg. We have no assistance to lift the metal bars and can sometimes need to be lifted around 5/6 foot. They are between 3 and 4 meters long. These need to be carried between tight spaces. We had no manual handling training for the first two and a half years and only in the past two months have we been shown a very basic YouTube video. I haven’t gone to the doctors or reported it to work yet do you think I should? What steps do I need to take?

Ian Morris

On face value, you have a valid claim that should be further considered in detail by our specialist Solicitors. Your employer is obliged to ensure that you are given proper manual handling training and provided with the correct guidance for how to lift items safely and lifting aids to help with items of heavier weight. As the employer had failed to fulfill these statutory obligations, you may well succeed with a claim.

It would be sensible to attend your GP to discuss the symptoms and your working regime (you should mention the limited working space and the lack of training and equipment to move heavier items too) and you should also report your symptoms to your employer and query the same issues with them – this would help later on in the process should you make a claim as it will give your Solicitor some evidence to support your claim and help with holding the employer to account.

We look forward to speaking with you and helping you understand your rights regarding back injury compensation.

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The delivery company left a heavy portable air conditioner outside the building and refused to bring it up to the flat, I was not notified this would happen so I had to bring it up myself, up two flights of stairs and the box weighs 32kg and now I aggravated and hurt an already injured back?

Ian Morris

Please call us on 01225430285 so that we can take some further details from you and present your enquiry to our specialist Solicitors so that they can consider whether or not you can pursue a claim against the delivery company for the injury to your back.

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My work are telling me there changing my job role and it means now using a 40-50 kg generator daily and lifting it on and off the van multiple time’s a day I’m worried my back will go there forcing me into this position if it does go can I make a claim?

Ian Morris

You should not be expected to lift an item of such weight without assistance or without equipment to assist with the lifting. Furthermore, you should also receive training for the safe movement of the generator and use of the same. I would recommend that advise your employer in writing that you are deeply concerned about the weight of the item and believe you should have assistance to lift and move it and training regarding the same. If you then sustain injury and the employer has not acted on the fact that you have raised justified concerns, it would greatly help you should any claim then be made.

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Hi
I work offshore and my first shift my back went. I don’t suffer from back pain and a daily gym goer, lifting weights to which i’ve not been able to do.
Two weeks and my back seemed to be settling. My manager made me lift heavy items as we had food containers to unload. They were coming at me thick and fast. I was told that he couldn’t put me on lighter duties as I was part of a team. While trying to hand me 3 cases of pop and to sort the veg store where bags of potatoes, onions, carrots, turnips etc.. well low and behold my back has started again. Is there anything I can complain about here and how?

Ian Morris

Has your employer ever provided you with manual handling training? If so, was the employer allowing you to work in accordance with the training? If not, you should contact us to find out whether we can help you pursue a claim against your employer.

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I have been suffering with drop foot for over 11 months, caused at work by lifting and carrying heavy furniture, I’ve had one mri that ruled out a herniated disc, two sets of nerve conduction tests at two different hospitals, I have a additional MRI for the 14th March to find out damage to the sciatic nerve in the lumbar plexus and the consultant has suggested surgery. I did do a manual handling training, but my work base changed where we have worked out one charity shop and store all deliveries in a outside container. There are no risk assessments, or safe operating procedures, health and safety meetings. My consultant has confirmed that the damage is highly likely to be caused by heavy lifting, would I have any cause to make a claim?

Ian Morris

Employers must ensure that staff members are made aware as to how to lift safely and they must ensure that the risk of injury in the workplace is minimised. In work places where any lifting is involved (especially where heavy lifting or repetitive lifting forms part of the workload), employers have a duty of care to ensure that their staff are provided with manual handling training, assist equipment to lift items safely and given guidance about safe lifting limits.

In your case, if your employer has failed to provide training, equipment and guidance you may well be able to hold them liable for the injury you have sustained.

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Hi, i have been working as a carer for over three years. I work with one client doing a 24 hour and a 20 hour shift on my own. The client needs hoisted and also as he is in an electric wheelchair sometimes he slides down and i need to lift him back up. When i am in his flat i can use the hoist but when we are out i have to lift him back to a seated position manually. Its only a small lift, but my lower back has really started hurting. I am just worried the damage to my back could be permanent. Can i claim anything for my injuries? I am employed though an agency but with any problems i talk to the client’s parents. I had a manual handling training a year after i started, then another one later but even the trainer said just do your best. Unfortunately i cannot avoid lifting him up and i do it about 15-25 times a day when i am there.
He is getting a new chair in a few weeks which might solve the problem but my back might not improve.
Thank you and kind regards
Agnes

Ian Morris

It is important that you make your employers aware of the issues you face and how you are developing pain and discomfort from the lifting you have to do. You should make them aware in writing.

Hopefully, the employer will act on that and provide updated assessment and training. If nothing changes and your injury worsens or becomes chronic, you could then consider making a claim against the employers insurance cover. It doesn’t matter that you work for an agency.

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