Back Injury At Work – Can You Claim Compensation?

241 questions have been answered on this subject - ask us your question

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 .

241 questions have been answered on this subject - ask us your question

Leave a comment or question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll reply as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Comments & Questions

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

I injured my back in a work accident lifting a barrel of oil. Work accepted full liability & I have needed spinal fusion with screws/cage leaving me disabled. I am in a predicament as my GP has not recorded my visits correctly so they are saying I cannot claim for my back just a neck strain. I have been so depressed lately with all the stress & not received a settlement letter from work saying sign this agreement to receive monies of around £3000 but will I not be able to pursue a claim for the injury so I just do not know which way to turn.

Ian Morris

If your GP has failed to properly record the details of symptoms you have presented with, diagnosis of injuries and treatments provided, you may have a second claim against them for professional negligence.

Have you had a Solicitor representing you in your claim to date?

Reply

What about the injury not due to accident but from lifting 40kg heavy doors on my own every day? Probably my rotator cuff got damaged. Do I put it in accident book? Can I claim?

Ian Morris

Any injury at work should be recorded in an accident book. If you are expected to lift an item of 40kg without support or help, your employer is acting negligently and you may succeed with a claim against them.

Reply

Hi I’ve been diagnosed with sciatica and in my job I was lifting heavy parasols every day at work. I believe it’s damaged my back completely. I’m off work now since October 2019 on sick. I can’t walk long distances or sit for long periods, it’s effecting my sleep too. I’ve been told I have a disc bulge. I don’t think I can return to work any time soon, i just need advice in what to do regarding a claim to my employer.

Ian Morris

To make a claim against your employer for injuries caused through working practices, you would be best served by instructing a specialist Claims Management Company or personal injury Solicitor to represent you in your claim. This is the exact service that we provide and we can assist you with this.

In your work, you are clearly expected to lift and move items of weight. Has your employer ever provided you with manual handling training or equipment to help you move the items? If not, there may well be a case of employer negligence and it would be suitable to pursue a claim for compensation.

The most sensible next step would be for you to call us on 01225430285, so that we can fully discuss your situation and the cause of your injury. We can then advise you as to whether or not you have a potential claim. If you do, our team will explain the No Win No Fee process to you and can take some initial instructions and pass your enquiry to our specialist Solicitors for you.

Nk

Hi
Thanks for replying.
Manual handling was completed but no equipment to help move items. I did also damage my tendon in my arm too from pulling the base of the parasol.

Ian Morris

If you would like to make a claim on the basis that the employer has not provided equipment to move the items, please let us know.

Reply

Hell I used to work for lowfield distribution on the Asda contract picking ambient goods such as packs of sauces and very heavy goods etc. I’m now a 46 year old man and have been diagnosed with arthritis and many other problems due to the back such as sciatica. This is chronic and effects my every day living as I no longer work. I was mainly a class one lorry driver after this job and looking back this was the only job I used to come home from with an aching back, although I never recorded anything in the accident report book. I strongly feel this was where I suffered my injury from. I was wondering would I have any chance of compensation?

Ian Morris

The lack of a report of the injuries/pain at work could be problematic in making a claim. However, you do have the right to make a claim if the employer didn’t provide you with manual handling, trained you to work safely, provided equipment that enabled you to lift and move items safely and had a working environment that enabled training and equipment to be used to minimise the risk of injury.

Reply

I strained my back 7weeks ago in work. I did ask someone to put it in book but it never happened, my boss knew but I carried on lifting for another 2weeks before I collapsed in work. I was sent home and was put on the sick for 3weeks, the night before I was going back I slipped in my bathroom and subconsciously thinking not to hurt my back I twisted myself and ended breaking 3 ribs, can I make a claim?

Ian Morris

If your employer requires you to lift items, they must ensure that you are provided with manual handling training and given the correct equipment to enable you to work safely (trolleys to move items, assistance with heavier items and the knowledge as to how to identify the weight of items). If the employer has failed in these obligations towards your safety at work, employer negligence may attach and a claim could proceed.

Reply

Hello,
I m working for the industrial company as a Break Press operator for over 9 years. I had a problem with my lower back, it is very painful for last few weeks I can’t sit, sleep, walk properly because of pain and because it is affecting my leg as well. Sometimes I just fall over because I fell something like electric shock in the legs a short strong pain and then I loosing feeling in my legs for a second and keep falling over. I’m gonna see my GP next week and hopefully they will sent me to specialist for a scan etc…
I had already two accidents recorded in the company book I had hurt my back lifting items and twisting back. As a Press operator I have to manually work with lots of heavy and uncomfortable to lift items it is just normal work (overall I lifting a few tones of steel every night 12 hours shift) because of nature of my work for last 9 years by back are completely ruined, And this job did it to me. I had a training (video about lifting) when I started job, Use a crane for help (but even if I use the crane to put or take item off I have to push if and pull items weight over 300kg when they inside of the machine). I hope you know how a press operator job looks like, and you understand that doing this in heavy duty lifting cause my back condition. I there any chance to claim?

Ian Morris

There is certainly a chance to make a claim. There are certain issues our specialist Solicitors would need to consider – when your symptoms started (to ensure that you are within the claim limitation period), what areas of work may your employer have acted negligently towards you and whether you were correctly trained and provided with the right equipment.

Reply

I worked for Currys part of the Dixon’s Stores group back in the late 80’s & Early 90’s. As as sales person and later a manager my duties always included manual lifting, often large items such as washing machines and the old style heavy cathode ray tube televisions. Manual lifting was daily due to incoming stock refill and outgoing customer deliveries as well as displaying goods and warehouse duties. I was never trained in manual handling and I now suffer from serious lower back problems. Can I claim?

Ian Morris

There is likely to be an issue of both limitation and causation if you were to make a claim. Firstly, to make a claim you MUST do so within 3 years of the onset of any symptoms. Secondly, can you establish a link between the work you were doing and the injury.

As you mention that you worked for this employer in the late 80’s, that is 30 years ago now. It is likely that you are too late to make a claim.

Reply

The company I work for deals with heavy steel items. The only lifting equipment here is a forklift truck, but this machine is not able to access the rear of the workshop. As a result we have to lift all the metal parts by hand. We are all suffering with our backs form this and I am too. One the lumps of metals weights 110kgs, which is lifted by just two of us. I have requesting better lifting equipment and it has been promised but nothing has been done and I am guessing that nothing will be done. I am concerned that one day I am going to lift something and my back will fail. Our boss is a nasty piece of work and he sacks anyone that steps out of line. Please can you advise what options are available to me (us), i.e. suing now for poor working conditions or compensation when my back does eventually break.

Ian Morris

UK law is unlikely to enable you to sue the employer for the working conditions, although you should of course report the lifting and lack of suitable equipment to the Health and Safety Executive anonymously and get them to conduct an investigation. You should also ensure that your justified concerns are put to your employer in writing.

Certainly, if your back is injured in lifting weights of such a size, you would have a valid claim for compensation.

Reply

I’m a manger in my job I hurt my back and neck due to heavy lifting. I have never been sent on a manual handling or safety course. Is it my fault as a manager that this has happened? I have told my boss to send me on this course.

Ian Morris

Whether or not it is your responsibility to arrange your own training, including health and safety training such as manual handling training will depend on your job description and to what extent you have control over such matters. It is certainly reasonable for you to make a claim against your employer if you have not been given such training as there is a likelihood that such a claim would succeed and we would be happy to assist you in this matter.

Reply

I would like some advice with an ongoing lower back pain problem caused by lifting constantly throughout a night shift. I was off work for 3 months with sick notes and physio. I had my work harassing me to get me back to my role which I didn’t feel comfortable with at the time as I wasn’t ready. I have left my role now because I felt I was being pushed into work and was worried that my injury may get worse.

Ian Morris

If your former employer failed to provide you with manual handling training, equipment to help with the movement of heavier items (trolleys, hoists etc), then you have a right to make a claim against the employer for the injury caused to your lower back.

If it is felt that you have a valid claim, our Solicitors will attempt to recover compensation for the pain and discomfort caused by your injury, recover any lost income relevant to the injury and also any incurred expenses or losses.

Reply

Hi i hurt my back at work pulling a heavy load across the floor, approx 150 kilos, the only ppe given was gloves, glasses, hard hat and high vis vest, no back support as i felt maybe should have been provided but wasn’t. i’m suffering with severe lower back pain, i have a doctor’s appointment next week to see the extent of the injury.

Ian Morris

150 kgs is a considerable weight and should be moved appropriately. An employer needs to ensure that the staff moving such a weight have had both manual handling training, but are also provided with the appropriate equipment to move such an item safely. In this case, the item should have been on some sort of trolley or pallet truck. It is likely that there should have had 2 persons moving it also.

We would be happy to help you make your claim and would recommend that you ensure that an accident book entry is made with the employer. Please call us on 01225430285 or ask us to call you to find out how we can help and learn more about your options.

Reply

Hi, I had an extra large delivery of crates of drinks that I had put away last xmas, I have received manual training a long time ago with them but due to the amount of stock and repetitive work of lifting this has lead me to having a back operation and nerve damage I am nearly a year on and still having problems as do not have full sensation in my leg. I am a manager for the company, I am 47 and was fit and regularly attended the gym previous to this. Could I claim? Many thanks

Ian Morris

Your employer may have done all that would be expected of them by providing manual handling training. If so, you may struggle to pursue a claim.

However, your employer may be seen to have acted negligently depending on the nature of the work you were undertaking and the working environment and pressures placed upon you to work at speed or lift too many items or items of excess weight. To this end, our Solicitors would be happy to consider the merits of your claim enquiry and advise you further as to whether or not they can take this matter forward for you.

Reply

Hello, yesterday I injured my back whilst unloading a delivery in my workplaces loading bay.
I was unloading a different van when another van and it’s driver lost control of a roll cage and it flew off the tail lift hitting me in the back – I had my back towards the tail lift facing the other van.
Luckily It was empty but it still hurt.
I carried on work as normal for the rest of my shift.
The incident is on tape but not sure if it has been logged in the accident book.

I woke up this morning in pain but decided I was fit enough go to work.
I completed my shift again today but now it’s really starting to hurt.

Ian Morris

You have valid grounds to pursue a claim for compensation from the employers insurance cover – we can certainly help you in pursuing your claim. However, before you do, you need to do two things to protect your interests and give your claim the maximum prospects of succeeding.

Firstly, ensure that the incident is properly recorded within an accident book. If you struggle to have the employer record it, you should make your own written report and email a copy to your line manager and you should also request that the CCTV footage is retained.

Secondly, you should make a GP appointment to discuss your injury. The symptoms you describe could well indicate that you have suffered a soft tissue injury and it is common for the symptoms of such injuries to become more evident over 24/48 hours post incident. As such, the fact that you are hurting more this evening than you were yesterday makes sense.

Reply

I have suffered a back injury at work.

Can I claim for a bad back due to pushing 2 ton reels along to the crane position? These reels were deemed safe for 2 people to push but has caused me discomfort and have been off work for last couple of weeks. I have all evidence and everything is logged. Now the employer is extending the crane but the damage is already done to my back.

Ian Morris

Were you pushing/moving the reels alone or with a colleague? If something is a two tonne weight, it is hard to understand how they could be deemed safe for a 2 person team to move – unless specific equipment was provided to reduce the burden on the individuals in question.

Given the substantial weight of the items you were moving, I feel that your situation warrants further specialist consideration by our expert Solicitors. The appropriate thing to do with your claim enquiry is for our team to have a brief chat with you to take some initial basic information so that we can then submit your enquiry to our specialist Solicitors to consider and then contact you directly for a detailed discussion with you with a view to making a claim for compensation for the injury you have sustained to your back.

Reply

I worked at a fuel station and had to unload stock that was delivered on a pallet by cash and carry. After unloading the stock, I used to leave the pallet on the floor, but was told by one of the bosses to move it out of the way of the front of the shop to the wall which was approx 10-12m away. The pallet weighed 28kg and I lifted it onto my right side and hurt my back doing so. We had no accident book or procedures, so I wrote the details of my injury in in the staff hand over book and told my useless manager too. However, the following week I was made to unload 2 pallets of stock despite my injury which was further aggravated, so I went to see the GP as an emergency appointment (I was not able to get an appointment earlier).

The GP did me a sick note to say no heavy lifting as I was happy to go work but no lifting. Again stock day came 3 days after giving my sick note and the big boss asked why I wasn’t bringing all the stock in (they expected us to serve customers and do stock asap), so I explained that I had a sick note and I was told that as I couldn’t do my duties and as I was a week off my 6 month probationary period ending, I would be let go, so I left on my own accord as I was not going to be bullied but also due to the lack of care the employer showed for their employees – which is frankly ridiculous.

It’s now September and I still have a sick note as I’m not fit for work since as my back hurts from sitting or standing for any prolonged period. I get sciatic pain which is intermittent. The MRI scan I have had didn’t show anything and my GP only made a referral for physiotherapy some 5 months after my accident. So my first physiotherapy appointment is not until this October.

Ian Morris

The key issue here is that you appear to have been caused injury through employer negligence and as such, you should pursue a claim against your former employer for the injury you have sustained and the associated losses incurred.

The pallet that you were asked to move alone was 28kg’s which exceeds the safe lifting limit of 25kg’s which indicates your employer was negligent towards your health and safety at work in preventing back injuries. Further, if your employer failed to provide you with manual handling training so that you could work safely and know what you could or could not lift or move, the employer will have a tough time defending any claim you may go on to make.

We would certainly like to help you make a claim for compensation for your injury and feel that on face value, you have a valid claim that should be presented to our specialist Solicitors for detailed consideration.

Reply

I work a retail job, where it involves carrying 20-40 boxes 3/4 times a week. I haven’t been trained on how to lift boxes in the right manner, and due to this I’ve been experiencing back pains for a week now. I’ve booked an appointment with my local GP, however Is there anything legally that I can do?

Ian Morris

Your employer has a legal obligation to ensure that you are able to work in a safe manner and that the risk of injury at work is minimised. Therefore, the employers failure to provide you with adequate manual handling training will be seen as employer negligence and therefore you should make a claim for compensation against the employer. We can help you with this – please call us on 01225430285 or use our online options to make contact.

Reply

I would like to ask you if there is a maximum weight your allowed to lift at work? I work in a job where we are expected to lift 80kg weights. I am the strongest on our site and am often expected to do this alone as the other staff are unable to do so. This seems excessive to me and often leaves me with a sore lower back. Where would I stand if I injured myself?

Ian Morris

Lifting weights of 80kg without assistance or equipment is unsafe and would see your employer struggling to defend a claim if you sustain injury. You mention that you are already suffering occasional symptoms with your lower back and you need to be extremely careful as injury may already have occurred. You should make a report at work of your back injury and the lifting and seek medical attention before making your claim for compensation.

In most cases, employees would not be expected to lift an item exceeding 25kg without having assistance or equipment to aid the lifting.

Reply

Hi
I work in a call centre and been employed by same employer for quite some years. They are aware that I have degenerative discs and after years of asking was finally given a raised desk. However the damage is done and being sat down for 35 hours a week took its toll. I’ve had nerve blocks which worked at first but not anymore and have had quite a few instances off work due to chronic back pain and now sciatica daily. My back consultant says the only thing left is to have surgery, decompression and a wallis implant. I wouldn’t have got to this state if I had been given a desk where I could stand up at on first asking years ago!
Where do I stand as they aren’t happy I will have to take more time off after operation 6-8 weeks and only in SSP?

Ian Morris

There is the potential to make a claim, but it is not without difficulty given the nature of the injury and issues you’d face in the claim. The defendant is likely to argue that you have a degenerative condition and not one that they caused. They will argue with you on issues of causation. Also, you could face a problem with claim limitation. You have 3 years to make a claim under UK personal injury law and it could be that your 3 years is already up – depending on when you began to suffer symptoms and when you first attended your GP regarding this problem.

Reply

Hi I’m 24 years old man working in an offsite building company. My job is to assemble the panels. Basically I have to lift steel poles (over 40kg and 3m length) and put them in tracks almost everyday. No assistance provided and it’s all manual . Due to repetitive movements I developed a shoulder muscle imbalances which causes a pain also a pain in my lower back. We never had actual Manual handling training but I think we signed a form which said we did. And even if I was working in safe manner but repetitive movements of heavy lifting (sometimes 50 poles a day) lead me in to that. What should be my further steps?

Ian Morris

UK law would not only require your employer to provide you with adequate manual handling training, but would also require the employer to ensure that you have a working environment that enables you to follow such training.

Whilst your employer is likely to cite the piece of paper you have signed regarding training to claim that they have provided you with adequate guidance for safe lifting, it is clear that they have put you at risk of injury by the way that they expect you to lift an item of 40kg’s without support or help.

You need to make sure that an injury report is given to your work (accident book or similar) outlining your injury and the work you have been doing. We would be happy to help you make a claim for compensation on a No Win No Fee basis. Please contact us to start your claim or to find out how we can help you.

Dovydas

Thank you for a reply, my only concern that the company gonna twist things that it’s my fault that I did not ask for a help, but it’s very hard to get someone to help you because of lack of space and a position the steel parts need to be stacked and in fact it’s even more dangerous to lift them by two people because of uneven weight distribution. My company is really dodgy, before they used to hire only polish guys who can’t speak English to abuse them in bad working conditions, now things getting a little better but the management is almost the same and I think they gonna find a way to get around it.

Ian Morris

Your concern about your employer acting in a dishonest way should not prevent you from pursuing a claim if you believe that you are in the right. You should document any issues and obtain evidence where possible (by taking photographs etc) to strengthen your claim so that should you pursue action in due course, the employer is confronted with strong evidence.

You do have 3 years to make a claim, so you do have the option of obtaining the evidence needed and securing new employment elsewhere before you start your claim.

Reply

Hello
I was a nurse for 37 years & I worked in physical disabilities for 16 years – lifting patients was the norm & although we did have various pieces of equipment, training was very limited compared to the later part of my career, moving & handling techniques were very invasive & involved actually ‘bodily’ lifting patients, which today is utterly not allowed, it was just how things were back then but it had huge physical consequences for me & I have experienced many back issues one resulting in a slipped disc which I had to have emergency surgery for 7 years ago. I have since suffered many short term episodes of severe back pain which is difficult to manage – These flare ups are now causing me issues within my work & i may have to consider retirement – how do I stand with getting compensation for my historical issues?
Thank you

Ian Morris

The main issue that will get in the way of any claim that you may wish to make will be one of limitation. Whilst your ‘injuries’ flare up and cause ongoing problems, you were aware some years ago of the problems you face as you mention having surgery 7 years ago. Therefore, any claim will likely be statute barred as you must pursue any claim within 3 years of the date of an injury or the date you became aware of an injury.

Reply
Chat with us for friendly, expert advice 01225 430285