Back Injury Compensation Claims

Back injuries are one of the most common causes of incapacity amongst workers in the UK. Most people who work in occupations which involve manual handling are at risk and as such hundreds of thousands of man hours are lost per year as a result of injuries sustained in the workplace. Therefore if you have sustained an injury affecting your back within the last three years it is possible that you may be able to make a claim for compensation for both your injuries and for the time that you were absent from work. Simply complete the Claim Assessment Form and one of our specialist Solicitors will contact you to discuss the circumstances of your accident and your injuries.

Common causes of back injuries in the UK

Many people work in occupations which carry a high risk of back injury.Occupations from home carers to residential care workers, refuse collectors, builders, factory workers and even administrative staff are often at risk of injuries as a result of any lifting activities which they may be involved with. A frequent cause of this type of injury is poor manual handling practices in the workplace. Our aim is to obtain compensation for our clients who have sustained back injuries whilst at work, however we also concentrate on the following:

Rehabilitation – early and appropriate medical treatment is essential when dealing with mechanical back injuries. Earnings – loss can be reduced or avoided if the employer is encouraged to think of rehabilitation and seeks to ensure that the injured person returns to work at an early stage. Indeed, insurance companies in this day and age put a heavy onus upon rehabilitation which is to the benefit of all parties involved.
By acting on behalf of our client we put pressure upon employers to adopt safe working practices to prevent back injuries occurring.

Medical issues relevant to back injuries

The back is extremely complex. It is made up of the spinal column containing the spinal cord, the rear parts of the ribs and the haunch bones known as the iliac, with the sacrum below. Thick, strong muscles cover the bones at the top enabling the movement and support of the head and below going round the flanks and into the lower limbs.

The spinal column is made up of vertebrae which are irregularly shaped bones. An adult normally has some 33 vertebrae which are joined together by the discs which in turn are of cartilage type material and have a shock absorbent function.

Back injuries can therefore vary from bruising through to ligament tears and muscle ruptures to full blown fractures and in the most serious cases, paralysis and death.

The law in relation to back injury compensation litigation

In a nutshell, an employer owes a duty of care to an employee both under the common law and also under the statute law to take reasonable care for their safety at all times. An employer should ensure that a worker has a safe place of work, a safe means of access to and from work and a safe system of work. He must also ensure that the employee has been adequately trained and that all members of staff are equally well trained.

Listed below are the main pieces of legislation relevant to back injury litigation with a brief synopsis of the duties outlined within each Act:

The Health and Safety at Work Act 1974. This states that it is the duty of every employer to ensure, so far is as reasonably practicable, the health, safety and welfare at work of all their employees. This also includes a duty to provide proper instruction, training and supervision.
Management of Health and Safety at Work Regulations 1999. These Regulations expand on the Health and Safety at Work Act and emphasize the duty of the employer to take steps to prevent risks. An employer must therefore assess all risks to the health and safety of their employees, implement preventative and protective measures, provide relevant information and training to all employees, and provide the appropriate health surveillance.
The Manual Handling Regulations 1992. The general and main principle behind the Regulations is that they impose a duty upon employers to adopt an ergonomic approach to a task which involves manual handling. Basically the employer must not only consider the tasks to be done, but also the general working environment, the nature of the load (weight and size), the working environment and the capabilities of each individual worker. The employer must use this knowledge to ensure that the worker is not exposed to hazardous manual handling operations or if these operations are necessary, then the risk of injury must be minimized.

Compensation awards categories in back injury claims

Relatively few back injuries which do not give rise to paralysis command awards above about £25,000. In those that do there are special features.

(a) Severe Back Injuries

(i) Cases of the most severe injury which do not involve paralysis but where there may be very serious consequences not normally found in cases of back injury, such as impotence or double incontinence. Awards of £55,000 to £93,000 are common.
(ii) Cases which have special features taking them outside any lower bracket applicable to orthopaedic injury to the back. Such features include impaired bladder and bowel function, severe sexual difficulties and unsightly scarring and the possibility of future surgery. This type of case will attract an award In the region of £45,000
(iii) Cases of disc lesions or fractures of discs or of vertebral bodies where, despite treatment, there remain disabilities such as continuing severe pain and discomfort, impaired agility, impaired sexual function, depression, personality change, alcoholism, unemployability and the risk of arthritis. Awards in the region of £21,500 to £38,000 are applicable

(b) Moderate Back Injuries

(i) Cases where any residual disability is of less severity than that in (a) (iii) above. The bracket contains a wide variety of injuries. Examples are a case of a crush fracture of the lumbar vertebrae where there is a substantial risk of osteoarthritis and constant pain and discomfort with impairment of sexual function; that of a traumatic spondylolisthesis with continuous pain and a probability that spinal fusion will be necessary; or that of a prolapsed intervertebral disc with substantial acceleration of back degeneration. This sort of claim will settle for between £15,250 and £21.500.
(ii) Many frequent encountered injuries to the back such as disturbance of ligaments and muscles giving rise to backache, soft tissue injuries resulting in exacerbation of an existing back condition or prolapsed discs necessitating laminectomy or resulting in repeated relapses. The precise figure depends upon the severity of the original injury and/or whether there is some permanent or chronic disability. Therefore depending on the above awards will range from £6,750 to £15,250

(c) Minor Back Injuries
Strains, sprains, disc prolapses and soft tissue injuries from which a full recovery or recovery to ‘nuisance’ level has been made without surgery:

(i) within about five years; awards range from £4,250 to £7,500
(ii) within about two years. Compensation will be awarded Up to £4,250.

Please select from the drop-down list for a free assessment by
a specialist injury solicitor.