By Mark Clause. Last Updated 4th August 2022. In this guide, we hope to illustrate the process of making a compensation claim for a broken back and slipped disc. There are many ways these injuries could happen. And it is important to note that not all injuries will qualify for compensation. However, if you have suffered harm because those who have a duty of care to protect your safety failed you could be eligible to pursue a personal injury claim for compensation.
If you’re wondering how much compensation you could claim if you slipped at work and hurt your back as a result of negligence, then this guide could help you. Alternatively, if you’ve suffered a back injury in a public or in a road traffic accident and it was caused by another party’s negligence, this guide also highlights what action you could take in those scenarios as well.
If you would like to speak to advisors about back injury claims after you’ve slipped at work and hurt your back, then you can contact Public Interest Lawyers for a free consultation and potentially additional support. You can speak to our friendly team by calling 0800 408 7825. You can also get in touch with our advisors online by using our contact page or our 24/7 live chat service.
Select A Section
- A Guide To Calculate Broken Back And Slipped Disc Injuries
- What Is A Broken Back And Slipped Disc?
- Examples Of Financial Loss From Broken Back And Slipped Disc Injuries
- The Most Common Back And Slipped Disc Accidents
- Including Care Claims
- Our Team Can Calculate Compensation Payouts
- Case Study: £150,000 For A Broken Back And Slipped Disc Injury
- Back Injury Compensation Payouts In The UK
- Specialist No Win No Fee Agreements
- How To Find Personal Injury Lawyers With High Success Rates
- Contact Our Team
- Additional Info
This guide looks closely at the personal injury claiming process. We look at how to claim compensation if you have suffered a broken back and slipped disc in an accident that could have been avoided. There are laws and guidelines in place so that our health, safety and well being is protected as much as can be expected. If these laws and rules are not adhered to accidents that could have been avoided may happen. Injuries could occur that could have otherwise been avoided.
This article looks closely at how injuries such as a broken back and slipped disc could occur. What type of accidents may cause such injuries. How these could mean financial complications for individuals and how care may be needed. We examine a case study for illustrative purposes only. To demonstrate the consequences of avoidable accidents and how compensation may be sought
We discuss how a No Win No Fee solicitors can be a way to pursue your compensation with reduced financial risk. We also cover what happens if you lose and if you win your case.
A slipped disc is when one of the cartilaginous discs in the vertebrae of the back gets knocked or twisted out of alignment. It can be an incredibly painful injury that can be long-lasting. Likewise, a broken back can be serious. Symptoms can range from mild discomfort for months and years to irreversible paralysis. The NHS website offers further reading on slipped discs.
When considering making a personal injury claim for your back injury, there are questions you should ask yourself:
- Who had the duty of care to protect my personal safety?
- Was that duty of care breached?
- Did I suffer consequent injuries? (The ‘but for’ test can be useful here. For example, but for the unattended spillage, the reckless driving or the unmaintained pavement, would I have had this injury?)
Duty of Care and Broken Back and Slipped Disc Claims
The Health and Safety at Work etc. Act 1974 seeks to protect our safety at work. Employers must, as much as is reasonably possible, protect employees’ wellbeing at work. The Health and Safety Executive (HSE) lists reportable incidences that could occur in the workplace. Logging your accident in the workplace logbook or reporting it through RIDDOR could help you in terms of evidence if you decide to claim against your employer.
Those in control of public spaces have a duty of care under the Occupiers’ Liability Act 1957 to similarly ensure that everything reasonable is being done in the places they operate to protect you from injury or exposure to harm.
On the roads, our safety is protected by standards outlined in The Highway Code. It highlights the duty of care road users have for others on the road. Road users must show reasonable care to avoid causing accidents.
The standard of care required applies to all, irrespective of age or experience. Road users should also anticipate that other road users or persons on the highway may not show this requisite standard of care and skill.
It hardly needs to be explained how debilitating a broken back could be. Surgery, long rehabilitation periods and months of physiotherapy could be needed. Increased risk of arthritis, depression and impaired sexual function can be a result of a serious back injury.
The financial implications of such an injury could also be significant. Your ability to earn a living could be impacted.
If you decide to seek compensation for your accident, there are two types of compensation you can qualify for. They’re known as general damages and special damages and we’ll discuss them in detail below.
Special damages aim to compensate you for financial loss. When it comes to recovering costs and expenses, you must retain all bills, receipts and invoices. Without evidence, it’ll be difficult to persuade the defendant to pay them.
General damages are designed to cover your physical pain and psychological suffering. Compensation for fractured vertebrae and herniated disc accidents can vary depending on severity.
If you’d like more information on the types of expenses you can claim, please get in touch with our team.
It should be emphasised that any awkward twist or seemingly insignificant action can damage the back. The following list of causes of broken back and slipped disc injuries is by no means exhaustive.
- Trying to lift something too heavy.
- Moving things without correct tools or guidance.
- Slipping and landing badly.
- Heavy objects falling on to the head, neck or shoulders.
- Spinal impact or trauma from knocks, bangs or stretches.
- Front or rear-end motor collision.
- Falling from any height.
When it comes to road traffic accidents, cyclists are vulnerable road users. They are arguably not as well protected from a back injury as other road users. According to The Royal Society for the Prevention of Accidents (RoSPA), there were 17,550 cyclist casualties in 2018, and this tragically includes 99 fatalities.
Pedestrians are also vulnerable. A vehicle can seriously injure a pedestrian at no faster than 20 miles an hour and a collision on the roadside could involve back injuries.
Wherever you suffered a broken back or slipped disc injury; if it wasn’t your fault our team could help. Call today on the number at the top of the page.
Slipped discs or broken backs can be debilitating. They can range in the amount of time they take for recovery to happen This can mean months of trying to manage your cooking, shopping, cleaning and personal care with a painful injury. If you need to pay for the services of a professional carer to help during your rehabilitation, and you have to pay for these out of your own pocket the costs can be quite high.
You may not have a choice. Family and friends cannot always be relied upon to give up their time to assist. If this is the case, our advisors could tell you about how to retain all the relevant receipts and invoices for use as evidence. These pieces of supporting documentation could rule out potential objections from the defendant. To get in touch about your potential broken back or slipped disc claim, at any time of any day, call the number at the top of the page or send a message through our live chat.
A medical assessment is crucial in the process of making a personal injury claim. It is a way of establishing that your injuries were a result of the accident. If your injuries were pre-existing but were worsened by the accident, you could claim.
A medical professional should advise about long-term damage and the likelihood of any future medical problems. This could have a bearing on your potential compensation payout. When calculating potential compensation amounts for a slipped disc at work, a vertebrae fracture on the roads or broken back in a public place, you could look at two types of damages:
- General damages– This compensation is awarded for physical and mental pain and suffering caused by your injuries. The amount of compensation that may be offered for general damages can vary. Deciding factors include what specific injuries you are claiming for and how severe they are deemed to be. Both physical and psychological injuries caused by another party’s negligence may be potentially included in the general damages head of your claim.
- Special damages– These compensate you for the various financial losses a serious back injury could cause. Examples may include loss of earnings, personal care, travel expenses and potentially other future losses you’ve endured as the result of the injury. Rehabilitation, physiotherapy, counselling and modifications to your home could potentially be included here also.
Mr Jeffery was driving home on the motorway. He was nearing his junction, as he slowed down to move into the left lane the vehicle behind failed to notice his reduction in speed. The vehicle travelling behind Mr Jeffery was an HGV. As Mr Jeffery looked in his rearview mirror in order to move into the next lane he noticed the driver was approaching his car at full speed. Before he had time to move out the way the HVG vehicle had hit the rear end of the car forcing it passed the left lane and off the motorway. Mr Jeffery could not remember anything from this point.
The next thing Mr Jeffery remembered was being airlifted to a nearby A and E department. Straight away he was rushed into theatre as feeling in his lower limbs was absent. Mr Jeffery had suffered damage to his spinal cord due to fracturing his vertebrae. The surgeon was optimistic about recovery but did not know to what extent he would recover. However, one major problem Mr Jeffery was concerned about was the fact that he had lost some control over his bladder and bowel.
For quite a while Mr Jeffery needed a lot of help at home from carers. He also needed help with daily tasks at home too. However, he was able to return to his job as it was a desk job and did not require much physical activity. But his return to work did not happen for 12 months.
Broken Back Injury Settlement
Mr Jeffery had several conversations with a personal injury solicitor. It was agreed from the start that there was no denying that the HGV driver had been negligent and careless too. Liability was admitted almost straight away. Mr Jeffery was awarded £150,000 in compensation. This included general damages and special damages too.
A break down of Mr Jeffery’s compensation would look like the following;
|The crush fracture of the lumbar vertebrae and spinal cord damage £95,000.
|Loss of earnings (excluding Statutory Sick Pay): £45,000
|Medications and prescriptions: £500
|Travel costs to hospital and physiotherapy appointments: £350
|Home and car adaptations £3000
|Extra costs – gardener, cook, cleaner, child minder etc £1,150
Mr Jeffery’s case study is purely an example based on our past experiences of handling claims. It serves to illustrate how easily accidents can happen and what a broken back or slipped disc claim could look like.
There are several important factors that will influence how much back injury compensation claims are worth. One of these concerns the strength of evidence that can provide in support of your case.
Another crucial element is the severity of the injury. In short, the more impactful that the injury is, the more compensation that you’re likely to receive. Minor back injury claims are going to be worth less money than a paralysis compensation claim, for example.
Back injury claims will also be affected by the impact on your quality of life. For example, if you were previously an avid boulderer, but were unable to do this anymore, then this loss of enjoyment could be considered when your claim is valued.
The amount of money you have lost due to your injury will also impact the value of your claim. For example, if you sustain a back injury that will prevent you from ever working again, your loss of earnings could be included in your claim as special damages. The same can be said for other costs and losses.
Contact us today to chat about payouts for back injury compensation claims in further detail.
At Public Interest Lawyers, we can offer you access to quality personal injury advice for your broken back or slipped disc claim. Our panel of solicitors can also offer No Win No Fee terms. There are many benefits to using a No Win No Fee service including:
- Not having solicitor fees to pay upfront.
- Not having solicitor fees to pay while the claim is ongoing.
- The solicitor’s success fee being capped and only paying it if your case wins.
- Not paying solicitor fees if your case loses.
Aside from that, if you choose to use a solicitor to claim, there is the potential for you to receive useful advice about retaining evidence and proof of expenses.
You can take advantage of free, no-obligation, legal advice by contacting our advisors today. Our live support team is available 24/7. You can discuss how you could claim compensation for your broken back or slipped disc. This can be whether it was at work, in a public place or as the victim of a road traffic accident.
Thanks to the internet, the proximity of a personal injury lawyer is no longer relevant. You can get skilled and experienced lawyers to work for you from anywhere in the country. It’s important to consider the following in your search for the right one:
- Did it take a reasonable amount of time for the solicitors to settle previous cases?
- Important, was the communication good?
- Are they a successful company?
- Do they win compensation regularly?
Our advisors can put you in touch with our panel of personal injury lawyers, who can offer you expert advice and guidance, should you choose to claim. There’s no obligation for you to proceed with these services after talking with an advisor, however. Get in touch today through any of the methods below.
We hope that this guide has been informative and helpful in your search for how to approach a claim for a broken back or slipped disc. For free legal advice and support, with no obligation to proceed:
- Call our friendly team on 0800 408 7825 to discuss your case today.
- Talk to our live support team online by using the chatbox.
- Contact us and we’ll get back to you.
Read our guide to public accident claims hotspots.
If you suffered an accident in a public park that wasn’t your fault, read our guide.
Find out about claiming compensation after cycling accidents.
There were 1.6 million work-related ill-health cases in 2019/20. The HSE has more statistics.
The North Bristol NHS Trust has advice on spinal fractures.
Finally, be sure to let the DVLA know if your spinal injury affects your driving.
Article by EA
If you would like to learn more about broken back and slipped disc claims, then you can contact our advisers by using the contact details found in this guide.