Back Injury At Work Compensation Claim Solicitors

When can I make a back injury at work claim?

You will be eligible to make a back injury at work claim if you meet the following criteria:

• Your employer failed in their legal duty to provide a safe working environment
• As a result of that failure you suffered a back injury
• The back injury could have been caused by a one-off accident or a longer term working pattern.

The steps which your employer should take to keep you safe in the workplace are set out in the Health and Safety at Work Act 1974 and include the following:

• Carry out risk assessments of the work being done
• Provide adequate training for any equipment you have to use
• Provide personal protective equipment (PPE) which is fit for purpose
• Carry out inspections and maintenance of any equipment you have to use in line with the manufacturer’s recommendations
• Take all reasonable steps to create a safe working environment

There are also specific regulations relating to particular workplace practices such as using power tools and working at height.

Can I make a no win no fee back injury at work claim?

Yes, if you claim compensation for a back injury at work with Wolferstans we will work on a no win no fee basis. This means that you won’t have to pay anything up-front, nor as we build your claim and negotiate with the other party.

We will only take a fee if your claim is successful, and it will never be more than 25% of the compensation you receive. If the claim fails then the costs of the other party will be covered by after the event (ATE) insurance we take out on your behalf.

Our no win no fee approach means that you can claim against a negligent employer without worrying about costs, and safe in the knowledge that you’ll never be left out of pocket.

How much compensation could I receive for a back injury at work?

The amount of compensation you could receive for a back injury at work will range from a few thousand pounds for a minor and temporary back injury to hundreds of thousands for a back injury which is life-changing and leaves you requiring on-going medical treatment or care provision. The final amount will be made up of general damages and special damages.

General Damages

General damages relate strictly to the back injury itself, and are calculated on the basis of the following:

• How severe your back injury is
• Whether you are expected to recover and how long any recovery could take
• The degree of physical pain and distress caused by your back injury
• The psychological impact of your back injury, which could include depression and anxiety
• The impact your back injury has on your ability to live your life as you used to and engage with hobbies, interests and your social life

The exact figure will be reached with reference to the Judicial College Guidelines (JCG) which lists payment ranges for specific injuries. Examples listed in the latest edition include:

• Serious spinal injury with a significant permanent impact – £69,600 to £82,980
• A moderate back injury such as a crush fracture leading to chronic pain and discomfort – £33,880 to £47,320

Special Damages

Special damages are paid to compensate for the financial impact of a back injury, and to return you to the position you would have been in if the injury had never happened. Amounts covered by special damages include the following:

• Compensation for wages or pension provision lost if your back injury stops you earning a living as you previously did
• Money which you have to spend on medical treatment for your back injury, now and in the future
• Money which you have to spend on care required because of your back injury, now and in the future
• An amount to compensate for any time family and friends spent caring for you free of charge
• Money which you have to spend on specialised equipment such as mobility aids because of your back injury
• Money which you have to spend adapting your home or vehicle in order to make allowances for your back injury
• Money which you have to spend travelling to and from medical appointments to deal with your back injury
• Money spent accessing counselling or therapy to cope with the psychological impact of your back injury

What would compensation for a back injury at work cover?

If your back injury at work compensation claim is successful the compensation awarded will be intended to cover the following:

• The physical pain and distress caused by your back injury
• The psychological pain and distress caused by your back injury
• The way in which your back injury has stopped you doing things like pursuing hobbies and interests or simply enjoying family life
• The financial impact your back injury has had on you

Is there a time limit on back injury at work claims?

Yes, you have a period of 3 years following the accident which caused your back injury at work, or following the date on which your back injury is diagnosed and you become aware that it was caused by negligence. After the 3 years you can no longer start a claim.

Exceptions to this 3 year limit include the following:

• You were under 18 at the time of your back injury at work and so you have from your 18th birthday to your 21st birthday to make a claim.
• You lacked the ‘mental capacity’ to start a claim during the 3 year period, and so the 3 year limit runs from the date on which you regain capacity.

Despite the 3 year limit being in place we always recommend starting a claim as soon as possible after the back injury at work happens. The events which caused your injury will still be fresh in your mind and the minds of any witnesses, and the sooner you start a claim, the sooner any compensation you are entitled to will be paid.

What is the claims process for a back injury at work claim?

We understand how daunting it can be to think of making a claim against your employer, particularly when you’re busy recovering and trying to come to terms with how you’ve been let down. We keep things as simple as possible by breaking the claims process down into a series of smaller individual steps:

You’ll provide us with a detailed account, explaining how you were injured, the impact your injuries have had, any treatment you have required and the response of your employer.

We’ll contact your employer and tell them that you are seeking compensation for your back injury at work. This generally means negotiating with your employers’ insurers, and in the majority of cases the evidence we present is sufficient for them to admit liability.

We’ll gather the evidence we need to support your back injury at work claim. This will include the following:

• Your medical records, particularly those covering the treatment you’ve received since your back was injured at work
• The entry you made into your workplace accident book or, if this wasn’t possible, an email sent to your employer setting out your version of events
• Witness statement from any colleagues who saw what happened and can confirm your account of an accident or working conditions in general
• Any photographs you were able to take of the scene of the back injury and any PPE or equipment involved
• Any available CCTV footage of a workplace accident
• Any other workplace accidents which you are aware of
• Details of the health and safety regime within the workplace
• Copies of any correspondence regarding the back injury between you and your employer
• Documentation of the financial impact of your back injury, such as wage slips, bank statements and bills or receipts for direct expenses

We’ll arrange for an independent expert to carry out a medical evaluation. They will then produce a report setting out the precise nature of your injuries, the prognosis for any recovery and the likelihood of further treatment being needed.

Once liability has been admitted we will negotiate a fair compensation payment. Although we like to settle claims quickly and without having to go to court in the vast majority of cases, we always negotiate firmly for 100% of the compensation we think you deserve.

In a small minority of cases the claim has to be settled in court. If this happens we will be by your side throughout, offering support and fighting for the compensation we think you’re entitled to.

How long do back injury at work claims take?

A back injury at work claim could be settled in 6-9 months if the injuries are fairly minor and liability is quickly admitted.

More complex cases requiring in-depth medical evaluation could take 18 months or even longer. Once we have all the details of your case we’ll be able to provide an estimate of how long it should take to settle, and will keep you fully updated if this figure changes.

Who pays my compensation?

If you receive compensation for your back injury at work claim it will be paid from something called Employer’s Liability Insurance. This is insurance which has to be carried by all UK employers, providing cover worth at least £5 million.

Can I be disciplined or dismissed from my work if I claim against my current employer?

No, it is against the law for a UK employer to dismiss or discipline you if you make a genuine claim for compensation. If they do either of these things you may be able to make a further claim against them through an employment tribunal, alongside your back injury at work claim.

Can I still claim if the back injury at work was partly my fault?

Yes, you can still claim if the back injury at work was partly your fault, if your employer was also negligent. If you were 15% to blame for what happened then any compensation you receive would be reduced by 15%.

What should I do immediately following a back injury at work?

If you injure your back at work you should immediately seek medical attention. As well as increasing your chances of making a recovery, prompt medical help will create an official record of your injuries and the accident that caused them.

You should report your back injury to your employer, by placing an entry in the workplace accident book or sending an email with a full account of how your injury happened.

If you are able to safely do so you should gather some evidence to support a back injury at work claim. This could include photographs of the scene of the accident, any items you were moving and any equipment you were using.

You should also take the contact details of any fellow employees who witnessed the accident which led to your back injury.

You should create your own record of the back injury, noting down how it happened, what impact your injuries have had and how your employer has responded to the situation.

You should then contact Wolferstans for a free initial consultation. If we think you have the grounds to make a claim, we’ll explain how the process works and set about recovering the compensation we think you deserve.

Why choose Wolferstans for my back injury at work claim?

You should choose us for your back injury at work claim because we know exactly what it takes to prove that an employer has been negligent, and that’s why we have such a fantastic track record of winning compensation for our clients.

When it comes to compensation, we never settle for anything less than what we think you’re entitled to, and our expertise at dispute resolution means that the vast majority of back injury at work claims are settled without having to go to court.

When you come to us with your claim we provide empathetic one to one support alongside our legal experience. We know how distressing it can be to end up being injured because your employer acted negligently, and our advice is always provided in a friendly, accessible and jargon-free manner.

Our no win no fee approach means you can make a claim on the basis of natural justice without having to think about fees or costs, up to and including having us represent you in court if it’s necessary. If you’ve suffered a back injury at work because your employer failed to keep you safe then contact Wolferstans today.

If we think you have the basis for a claim we’ll get to work straight away and do everything we can to win the compensation that could make all the difference to your recovery.