Claiming Compensation For Back Pain And Injuries

By Lewis Houston. Last Updated 4th May 2023. Are you struggling with back pain as a result of an injury that wasn’t your fault? You may be eligible for back pain compensation. This might have been because of a road traffic accident, or an injury at work.

back pain compensation

Back pain compensation guide

Events such as a rear-ender or a slip and fall can have big implications on your future. You may question how you will pay the bills or support your family.

In difficult times, we offer guidance to claimants seeking advice for personal injury claims. You may be able to make a claim on a “No Win, No Fee” basis. To find out more, you can read our guide below, or you can discuss your case in more specific detail by: 

Select A Section

  1. An Overview Of Back Pain Compensation Claims
  2. Types And Causes Of Back Pain
  3. Who Could You Claim Back Pain Compensation From?
  4. How Do You Deal With Back Pain?
  5. Time Limits For Back Injury Claims
  6. How Much Back Pain Compensation Could You Claim?
  7. Why Choose A No Win No Fee Back Pain Compensation Solicitor?
  8. View Our Related Guides

An Overview Of Back Pain Compensation Claims

Many people may experience mild symptoms but for others, back pain can be debilitating. Back pain in the lower back, medically known as “lumbago”, may last for a few weeks or months.

It may appear as a symptom of other back-related problems, such as: 

  • Herniated discs
  • Crushed vertebrae
  • Soft tissue injuries

There can also be implications related to the spinal column. As such, it is highly important that you seek medical attention as soon as possible after a back injury.

If this happened as a result of a road traffic accident, workplace incident, or any other kind of accident that wasn’t your fault, consider speaking to us about a possible claim for back pain compensation. 

Types And Causes Of Back Pain

Back pain is diverse and comes in many forms. While back pain does naturally occur among the elderly, it is not exclusively an issue for older people. 

Back pain can appear as a result of problems like osteoporosis and spinal stenosis. However, it also emerges as a result of trauma and injury. This can appear in the form of:

  • Vertebral fractures
  • Herniated discs
  • Muscle strains 

Many of these injuries can occur as a result of accidents. Slips and falls happen regularly — just under 30% of non-fatal workplace incidents in Great Britain in 2019/20 were slips and falls according to the Health and Safety Executive’s statistics. These accidents can cause trauma to the back, resulting in a range of injuries, which we have detailed below. 

This extends to public accident injuries where slips and falls can happen on premises accessible to the public. Exposed tree roots or pavement cracks can lead to trips and falls, causing back pain. 

You may also experience back pain after suffering road traffic accidents such as T-bones and rear-enders. 

If your back pain was the result of an accident that wasn’t your fault, you may be entitled to claim compensation. Get in touch with our panel of solicitors to discuss your case. 

Who Could You Claim Back Pain Compensation From?

To make any sort of back pain compensation claim, a solicitor must prove negligence through liability. This refers to who was at fault for the injury and why. Negligence is determined as follows:

  • A party has a duty of care
  • That party breached that duty of care
  • In doing so, it has resulted in injury or illness

Employers and owners of venues such as supermarkets have a duty of care to everyone on their premises. It can be more difficult to ascertain liability in public. This will fall to the controller of the space, which could be the council or a private entity. This must be worked out to ensure you the outcome you deserve in your back pain compensation case. 

Note that negligence can only be proved if an actual injury occurred. If you are not harmed, then no claim can be made. This is because no pain or harm can be established.

You may have had a pre-existing back injury that worsened due to the accident. You could still claim. As part of the claims process, you’d attend a medical assessment to prove that your injuries were caused or exacerbated by the accident that wasn’t your fault. If it’s found that your pre-existing injury wasn’t worsened by the accident and you didn’t receive any new injuries, you would find it difficult to claim.

This can make back pain compensation claims complex, meaning that for the best outcome possible, we recommend you speak directly to a personal injury solicitor. This could increase your chances of getting the outcome you deserve as the details of your case may be more complicated.

How Do You Deal With Back Pain?

The NHS recommends a number of treatments to ease back pain. For example:

  • Staying active throughout the day as sedentary behaviour can worsen pain
  • Gentle leisure activities such as pilates or walking
  • Taking anti-inflammatory painkillers, e.g. ibuprofen
  • Use hot or cold compresses to numb pain or swelling

These are recommended as methods for easing the pain on a day-to-day basis. Remember, if you need specific medical advice, always speak to a medical professional.

Time Limits For Back Injury Claims

When claiming for back injury compensation, you’ll need to start your claim within the time limit set out in the Limitation Act 1980. Typically, you’ll have 3 years to start your personal injury claim, from the date you suffered your injury.

However, certain back injury claims will have exceptions to this time limit. These exceptions are:

  • If a minor sustains an injury to their back, the three-year limitation period is paused until their 18th birthday. Before this point, a court-appointed litigation friend could make a claim on their behalf. If a claim has not already been made, they will have 3 years from their 18th birthday to start a claim.
  • Should someone lack the mental capacity to begin their own claim, the time limit is suspended indefinitely, and a litigation friend could make a claim on their behalf. However, if they were to regain this mental capacity, they will have 3 years from this date to start a claim if one has not already been made.

Contact our advisors today if you have any questions about starting a back injury claim and the amount of compensation you could be awarded. Our friendly team is available 24/7 to help you and offer free advice.

How Much Back Pain Compensation Could You Claim?

Back pain injuries are diverse, meaning that specific details are needed to get the right outcome for you and your back pain compensation. 

Using ranges provided by the Judicial College Guidelines, we can provide you with rough estimates on the amount of back pain compensation you might receive. However, please be advised that these are just estimates. You may choose to use a personal injury calculator, but we recommend speaking directly to a personal injury solicitor to ensure accuracy.

InjuryNature of incidentPotential compensation
Injury to the BackSevere (i): can involve severe trauma to the spinal cord, partial paralysis and loss of sexual function£91,090 to £160,980

Injury to the BackSevere (ii): can involve nerve root damage, loss of sensation and impaired bowel and bladder function£74,160 to £88,430
Injury to the BackSevere (iii): can involve disc lesions or chronic soft tissue pain£38,780 to £69,730
Injury to the BackModerate (i): covers injuries such as lumbar vertebrae compression and osteoarthritis£27,760 to £38,780

Injury to the BackModerate (ii): disturbance of ligaments, soft tissue damage, aggravating an old back injury. £12,510 to £27,760

Injury to the BackMinor (i): recovery to nuisance level, taking two to five years£7,890 to £12,510

Injury to the BackMinor (ii): short term acceleration injuries, recovery between three months to two years£4,350 to £7,890

Injury to the BackMinor (iii): full recovery in three months to a year£2,450 to £4,350

If you can’t see your injuries in the compensation table above, why not get in touch with our advisors? They can give you a free estimate of what you could claim. 

Why Choose A No Win No Fee Back Pain Compensation Solicitor?

If you choose to make a claim, your case may be taken on a “No Win, No Fee” basis, professionally known as a Conditional Fee Agreement. This means that if your claim is unsuccessful, you pay no solicitor fees. If your claim wins, a small success fee will be taken by your solicitor. 

No Win, No Fee agreements are considered an ideal way to give claimants peace of mind when it comes to the financial risk of funding the services of a solicitor. Because No Win No Fee solicitors only take their fee if the claim is a success, it can be a way of getting affordable legal representation for people struggling financially as a result of injury. 

We understand the stress that can come not just with back pain but also seeking back pain compensation. Our panel of solicitors will use their extensive experience to make life as easy as possible for you and your family. Consider getting in touch today to discuss your case. You can do so today by:

View Our Related Guides

Car Accident Back Muscle Injury Compensation Case

Broken Back and Slipped Disc Compensation Guide

How to Claim Compensation for an Accident or an Injury

NHS information on back pain

An HSE guide to back pain in the workplace

A guide one workplace musculoskeletal disorders

We also have some other personal injury guides you may find useful:

Thank you for reading our guide to back pain compensation.

Article by EC

Publisher UI