Are you one of the millions of people in the UK who suffer lower back pain as a consequence of their work? Unfortunately, many people automatically assume that “aches and pains” are simply part of the job - this is not the case.
If you experience pain and suffering as a consequence of your work, then you may be entitled to compensation.
Never attempt any exercises to repair lower back pain after a work accident without first consulting your doctor. They may recommend some light physiotherapy to help strengthen the muscles once pain has subsided.
The Health and Safety at Work Act 1974 places a legal obligation on your employer to ensure your health and well-being.
Therefore, if you suffer lower back pain as a consequence of your employment, you should take advice regarding a potential compensation claim.
We will now take a look at some of the more frequently asked questions regarding injuries in the workplace.
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As you get older, maybe, in the working environment, no. If you experience any pain and suffering as a consequence of your work, then you should advise your employer as soon as possible. There are many things they can do, such as changing procedures, supplying additional safety equipment or making some procedures more mechanical. You don’t have to suffer!
If you are in constant pain as a consequence of your work, then you should visit your doctor to be assessed. In the event that you are able to prove a degree of negligence from your employer, then a diagnosis by your doctor would strengthen your case.
Even if you are not able to prove negligence and claim compensation, you should not continue to work in pain.
If you are suffering from lower back pain, it is important that you stick to the guidance offered by your doctor. While you may think that subtle but regular back exercises are helping your condition, they may actually be making it worse.
Even back injuries which appear relatively minor in the early days can worsen unless treatment is received and it is given time to heal. Overdo the exercises, and you could be in serious trouble!
Yes. It is part of their duty of care to provide the relevant safety equipment to ensure the physical and mental well-being of all employees. While failure to provide this equipment could be deemed negligent, if you have also warned them of constant pain and suffering, then this will also strengthen your case.
If you are injured as a consequence of your work, then you need to report this so that it can be added to the works accident book. It is a legal obligation of all employers to maintain a record of accidents in the workplace.
These records could prove priceless when pursuing a compensation claim if for example, there is a pattern of similar incidents over a period of time.
If you suffer any injuries as a consequence of your work, whether or not you see yourself as partly to blame, it is not for you to make that ruling. Many people are unaware that even in the event of split negligence between the employer and employee, you may still be entitled to a degree of compensation.
There is a general misconception that if the claimant is in any way even partly to blame for their injuries, they cannot claim compensation.
No. There are various protections in place for employees making bona fides claims of compensation for injuries received in the workplace. Unfortunately, there are still some employers who will make it “difficult” for employees seeking genuine compensation for genuine injuries.
However, any employee that goes down this particular route may well be opening themselves up to additional compensation/damages for constructive dismissal. Either way, it is worth taking advice.
There are a number of indicative ranges of compensation with regards to specific types of a back injury. For example, where a full recovery is expected within three months, you could receive compensation up to £1950.
Where you receive compression/crush fracture injury to the vertebrae, you could be entitled to compensation of between £22,130 and £30,910. In the most extreme cases, damage to the spinal cord/nerve roots are classed as serious injuries with compensation of between £72,620 and £128,320.
If you believe that your workplace injuries were a consequence of negligence by your employer, then you can pursue compensation. The first thing to do is gather as much evidence as possible which will include:-
This will give you an idea of the information required to pursue a negligence claim which can then lead on to compensation. Once you have collated as much evidence as possible, it is time to visit a personal injury claims company to review your case.
Ultimately it is your decision as to whether you pursue a compensation claim. However, when approaching a personal injury claims company with your evidence, they will review your case and give you an independent opinion. If they believe you have a minimum 60% chance of success, they will likely offer you a “no win no fee” option.
In effect, the claimant will not be liable for the claims management company’s expenses whether or not they are successful in pursuing their claim. In the event of a successful claim, the claims management company should be able to reclaim their expenses from the defendant. However, they will also negotiate a “success fee” with the claimant.
A success fee is a fee negotiated by the claims management company in exchange for taking on your case. It is traditionally around 25% of any compensation awarded to the claimant but can vary depending on the type of case and duration.
While many years ago, employees automatically assumed that “aches and pains” were simply part of the job; this is not the case today. Your employer has a legal obligation to protect your physical and mental well-being taking in everything from safety equipment to training.
If you are injured as a consequence of your work, then you may be able to sue for compensation.
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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Money Savings Advice is a trading name of RMM Digital Publishing Ltd. Registered trading address, First Floor, 85 Great Portland Street, London, W1W 7LT. Trading in England and Wales, company number 11550143 with data protection number ZA747669.
Money Savings Advice is a trading style of Consumer Credit Justice Ltd.
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.