Back injuries are extremely common and do not always involve heavy lifting. If you have injured your back at work, on business premises, or even outside, you may well be eligible for compensation. You will need to prove negligence on behalf of one or more third parties before you can pursue compensation.
We will now take a look at some of the more common back injuries and the level of compensation you might expect to receive.
Then we will take a look at how you can progress a claim for compensation, the paperwork required, and how to negotiate the best deal possible.
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Unfortunately, back injuries take many shapes and forms and can have a varying impact on your life. We have put together a summary of the level of compensation available for back injuries of varying severity.
|Type / Severity of Injury||Compensation|
|Where a full recovery is expected within three months||Up to £1,950|
|Where a full recovery is expected within three months to 2 years without surgery||£1,950 to £6,290|
|Full recovery expected within 2 to 5 years without surgery||£6,290 up to £9,970|
|Disturbance of ligaments/muscle often exacerbating existing back conditions by five years or more||£9,970 up to £22,130|
|Injuries including compression/rupture of the lumbar vertebrae resulting in an increased risk of osteoarthritis together with constant pain||£22,130 up to £30,910|
|Disc lesions/fractures, soft tissue damage resulting in chronic conditions, impaired agility, depression and personality change||£30,910 up to £55,590|
|Injuries such as nerve root damage, orthopaedic injury resulting in loss of sensation, impaired mobility, impaired bladder/bowel function, sexual difficulties and unsightly scarring||£59,120 up to £70,490|
|Damage to the spine and nerve roots leading to severe pain/disability, impaired movement, impaired bladder/bowel control and reduced sexual function||£72,620 up to £128,320|
This will give you an idea of the compensation available for various back injuries. It is worth noting that other classes of injuries such as neck/shoulder may also include some damage to the back.
The back is a very complex element of the body, and the long-term impact of injury is sometimes difficult to forecast with any great certainty.
The vast majority of back injuries tend to occur in the workplace. There are numerous reasons why these may occur such as:-
This list is by no means exclusive, but it does give you an idea of some of the reasons why back injuries tend to occur in the workplace.
It is worth noting, as we mentioned above that the long-term impact of back injuries is not always easy to forecast.
It matters not where your injury occurred; if it was as a consequence of negligence by one or more third parties, then you may be able to claim compensation. For example, you could slip on a wet floor in the supermarket, hurt your back, and be able to claim compensation.
Alternatively, there may be a loose paving stone on a public pathway, which causes you to trip and injure your back. We know that the vast majority of back injuries relate to work but not always.
Initially, there is a three-year window of opportunity from the day that you were injured, during which you will need to lodge a claim for compensation. However, this timeframe is not set in stone.
If, for example, you are not diagnosed with a back injury, connected to your workplace, until weeks, months, or even years down the line, you may still be able to claim compensation.
Where you are not diagnosed immediately, day one of this three-year window of opportunity will be the date on which you received the diagnosis.
There are two options. You can either pursue compensation in your own right, with no outside assistance or utilize the services of a claims management company. While you may be tempted to pursue your own compensation claim, remember that this is the legal system of the UK, which can be very complex.
We have seen scenarios that were perfectly legitimate, even strong cases, have fallen by the wayside because deadlines were missed, and information was not lodged with the courts. So, it is no surprise to learn that more and more people are now looking towards using claims management companies.
The first thing to do is gather as much evidence as possible regarding your claim. Then approach a claims management company and ask them to review your case. They will look at details of your case together with evidence provided and estimate your chances of success.
If they believe you have a minimum 60% chance of a successful prosecution, they would likely offer to take on your case.
We know that the majority of personal injury claims are pursued through “no win, no fee” arrangements. This reduces the financial risk to both parties. The claims management company believes they are taking on a relatively strong case. The claimant does not have to cover any fees, and therefore their financial risk is minimal.
In effect, the claimant is indemnified from any costs incurred by the claims management company when pursuing the case. In exchange, the claims management company will look to arrange a “success fee.”
This would entitle them to a share of any compensation awarded with an average figure of around 25%. It’s also worth noting that with larger claims, outside the Small Claims Court limit, a successful prosecution would likely see their costs repaid by the defendant.
General damages refer to financial compensation, directly associated with pain and suffering. Special damages relate to costs incurred, future expected costs, and any other issues such as loss of income, etc. While general damages are limited, see the above figures, there is no such upper limit on special damages.
Back injuries are notoriously difficult to diagnose as they can take weeks, months, or even years to materialize. Thankfully, due to improvements in medical technology, it is now possible to directly link back injuries with working conditions, even if experienced years earlier.
It is important to consider the use of a personal injury claims management company. They will have access to experts, experience in pursuing compensation, and the ability to extract maximum compensation where negligence has been proven and accepted.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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Consumer Credit Justice Limited is authorised and regulated by the Financial Conduct Authority, Reference 834486. We are regulated by the FCA in respect to claims management activities.
You do not need to use the services of Consumer Credit Justice, or any other claims management company, to make a claim. You are free to choose an independent solicitor of your choice.