Back injuries can be really painful and have a negative impact on our day-to-day lives. That’s why, if you’ve suffered a back injury and it wasn’t your fault, it’s important that you investigate whether you may be owed compensation.
In this guide, we cover everything you need to know about back injury compensation, from common causes to the different forms of compensation you could receive, including what qualifies as an eligible personal injury claim.
Notably, we discuss the benefits of pursuing a claim on a No Win No Fee basis, which is a contract our panel of solicitors can provide you alongside an extensive list of services. We have a team of expert advisors who can provide more detailed information. Simply use one of the contacts below to speak with us.
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Jump To A Section
- Can I Make A Back Injury Compensation Claim?
- The Common Causes Of A Back Injury
- How Much Compensation Can I Get For An Injured Back?
- What Is The Back Injury Compensation Claim Time Limit?
- Will I Need Evidence To Support My Back Injury Claim?
- No Win No Fee Claim For Back Injury Compensation
- Why Choose Public Interest Lawyers
- Learn More
Can I Make A Back Injury Compensation Claim?
Yes, you can make a back injury compensation claim; however, you will need to meet certain eligibility criteria:
- Someone owed you a duty of care
- They breached that duty
- You consequently suffered a back injury
Notably, the duty of care is owed differently depending on the individuals involved and the location where the injury occurred. Please have a read of the following distinctions of the duty of care:
- At work: per the Health and Safety at Work etc Act 1974, your employer has a duty of care to take reasonable steps to ensure your safety.
- In public places: the occupier (party in control) of a public space, owe a duty of care under the Occupiers’ Liability Act 1957 to esnure the reasonable safety of visitors.
- On the roads: Road users have a duty of care to use the roads safely to avoid causing harm and must also comply with the Road Traffic Act 1988 and the Highway Code
What If I Was Partially To Blame?
If you were partially to blame for your accident, you may be eligible to make a split liability claim.
For example, you and another road user failed to adhere to the rules of a roundabout, causing a collision.
How much compensation you would receive would depend on how liable you were for the accident. If you were 25% responsible for the accident, you would receive 75% of the total compensation had you not been liable at all.
What If An Accident Worsened A Pre-Existing Condition?
If you have suffered a back injury and it’s worsened a pre-existing condition, such as an old spine injury, you could still be eligible to claim compensation. However, you would need to provide sufficient evidence of how your pre-existing condition has worsened, such as with medical reports.
There are two main ways that an accident can worsen a pre-existing condition:
- The condition is accelerated, triggering the effects of the condition to be brought forward. Notably, the injured party may not have even been aware of the underlying condition until they suffered the accident
- The condition is exacerbated, making the symptoms even worse than before the accident
Serious Back And Spine Injury Claims
You might be wondering what is classed as a serious spine injury when it comes to filing a personal injury claim. The injury usually involves significant damage to the spine, such as:
- Fractures
- Damage to the spinal cord
- Nerve damage
- Severe pain
- Loss of function
- Paralysis
If you suffered a serious spine injury due to someone breaching a duty of care they owed, you may be eligible to make a back injury compensation claim. Contact our advisors today to discuss your case.
The Common Causes Of A Back Injury
In this section, we will discuss the common causes of a back injury and when a claim could be made.
Road Traffic Accidents
All road users, including drivers, motorcyclists, cyclists and pedestrians, must use the roads safely and responsibly. An example of when a road traffic accident claim could be made includes:
- A driver is purposefully driving over the speed limit near a school because they are running late for work when they hit a child who was using a pedestrian crossing, causing the child to suffer from paraplegia
Accidents At Work
Your employer must take reasonable steps to ensure your safety. This could include providing personal protective equipment (PPE) when necessary and ensuring all staff receive sufficient training. An example of when an accident at work claim could be made includes:
- An employer avoids fixing a faulty forklift truck to save money, and the truck malfunctions, causing the employee to suffer a fractured neck and spinal injury.
Public Accident Claims
An occupier must take necessary steps and measures to ensure your reasonable safety when visiting public spaces, such as restaurants, libraries, or supermarkets. This could include performing regular risk assessments and maintenance checks. An example of when a public liability claim could be made includes:
- A restaurant owner fails to provide customers with a hazard sign of a broken handrail in a stairwell. An elderly customer uses the handrail for support, it breaks, and the customer falls, suffering a broken back
Assault
An example of assault in the workplace that could qualify as an eligible claim might be:
- An employee has told their employer that a fellow colleague has threatened to assault them on multiple occasions. The employer fails to implement safeguarding protocols, and the employee at risk is attacked and suffers a fractured disc
In this particular case, the injured employee might be able to make a claim against the vicariously liable party: the employer. Alternatively, you may be able to make a criminal injury claim for assault.
To learn more about vicariously liable parties or pursuing criminal injury claims, get in touch with us today so we can walk you through it.
How Much Compensation Can I Get For An Injured Back?
The compensation you can get for a back injury varies on a case-by-case basis. For example, the amount of back injury compensation you would receive for a paralysis injury claim would be much higher compared to that of a herniated disc.
However, below we have provided a table containing several back injuries that could be sustained in an accident, along with a guideline compensation figure. These figures have been carefully selected from the Judicial College Guidelines (JCG), a publication that may be used by those assigning value to injuries, as it contains compensation guidelines for various types of physical and psychological injuries.
Please note that the first figure in the table is not sourced from the JCG and that these figures are intended to serve as guidelines only.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Serious Injuries with Special Damages (Loss of wages, medical bills etc) | Multiple Injuries | Up to £1 million+ |
| Paralysis | Tetraplegia | £396,140 to £493,000 |
| Paraplegia | £267,340 to £346,890 | |
| Back | Severe (i) | £111,150 to £196,450 |
| Severe (ii) | £90,510 to £107,910 | |
| Severe (iii) | £47,320 to £85,100 | |
| Moderate (i) | £33,880 to £47,320 | |
| Moderate (ii) | £15,260 to £33,880 | |
| Minor (i) | £9,630 to £15,260 | |
| Minor (ii) | £5,310 to £9,630 | |
| Minor (iii) | £2,990 to £5,310 | |
| Minor (iv) | Up to £2,990 |
What Factors Impact The Final Compensation Amount?
The factors that impact the final back injury compensation amount are details such as:
- The type of back injury you have sustained and its severity
- The length of your expected recovery period
- Whether you have experienced any financial losses
If your back injury claim is eligible, your legal practitioner will consider two heads of compensation: general damages and special damages. The former is designed to compensate you for any pain or suffering that you have experienced as a direct result of your injury. When considering general damages, your personal injury solicitor will take into account factors like:
- The severity of your injury
- If the injury has impacted your quality of life and how
- Whether you have also suffered a psychological injury
- If you have had to go through invasive treatment
- If you have sustained disfigurement or deformity
- Whether you will experience any pain or suffering in the future
The latter of special damages is intended to compensate for the financial losses caused as a direct result of their injury. Please find some examples of financial losses here:
- Medical expenses
- Loss of earnings
- Loss of future earnings
- Costs of care
- Property adaptations
- Travel expenses
- Costs of rehabilitation
If your back injury has meant that you can no longer work, has required expensive rehabilitation treatment, or has caused you to lose money across the board, then you may be eligible to receive special damages. However, you will need to provide evidence in the form of documented costs such as:
- Medical invoices
- Travel receipts from journeying to the hospital or GP
- Invoices for vehicle repair work
Could I Get Interim Payments For My Back Injury Claim?
Yes, if a legal practitioner has confirmed you have an eligible back injury claim, your personal injury solicitor can apply for interim payments. Typically, these payments are provided as an upfront percentage of your compensation to cover any immediate costs relating to your injury, such as paying for necessary physiotherapy, for example.
An interim payment can only be awarded if the defendant has admitted liability or there is a strong likelihood that your claim would succeed if it went to court.
To dsicuss your back injury compensation claim, you can contact our advisors.
What Is The Back Injury Compensation Claim Time Limit?
The back injury compensation time limit is 3 years from the date you suffered the injury, as per the Limitation Act 1980.
There are exceptions to this time limit for those unable to manage their own claim. This includes:
- An adult who lacks the mental capacity to pursue a claim. The time limit would only start if the claimant recovered this capacity and run from this date.
- A child under the age of 18. They will have 3 years from their 18th birthday to start their own claim.
Where the claimant cannot start their own claim, a litigation friend could step in. This will be a trusted individual of the protected party, usually a family member, who can legally file a personal injury claim on behalf of someone else. As a litigation friend, you would act in the best interests of the protected person and handle matters such as decision-making, representation and communications.
Are you unsure about where you fall in relation to the time limit? Contact us online or by phone so we can tell you exactly where you stand.
Will I Need Evidence To Support My Back Injury Claim?
You will need evidence to support your back injury claim, some examples include:
- Medical records about your injury
- Photographs of the accident scene
- CCTV or dashcam footage of the accident
- A police reference number if they arrived at the accident
- Accident reports if the back injury happened at work or in a public place
- The contact information of any witnesses so a statement can be taken from them at a later date.
If you need some help gathering evidence,one of the solicitors from our panel could help you. Contact our advisors today to learn more.
No Win No Fee Claim For Back Injury Compensation
Here at Public Interest Lawyers, we are dedicated to empowering our claimants by providing quality service, easy-to-follow expert advice and securing them the highest back injury compensation possible. Our panel of solicitors are well-respected professionals in their field and will provide you with a No Win No Fee arrangement, specifically a Conditional Fee Agreement (CFA). You will immediately gain access to a robust range of benefits:
- If your case loses, you won’t be charged a fee for the solicitor’s services
- You won’t have to pay any upfront solicitor service costs
- You won’t have to pay for any solicitor’s services while your claim is ongoing
- If your claim is successful, you will pay a success fee. This is paid to your solicitor directly out of your compensation as a legally capped percentage
If you want to learn more about CFA contracts and how they can benefit you in securing fair back injury compensation, give us a call today.
Why Choose Public Interest Lawyers
You should choose Public Interest Lawyers because we can support you with a wide range of case types, including personal injury claims, such as back injuries suffered at work, on the road, or in public. Have a read of the services we could provide you if you choose to work with us:
- We will tell you how strong your claim is
- Help you gather sufficient evidence, including police records and witness statements
- Arrange an independent medical assessment to determine the extent of the harm done
- Determine a fair compensation figure and show you a breakdown of the amount
- Represent you in negotiations and court proceedings
At Public Interest Lawyers, we know how stressful making a claim can be when all you want to do is rest and recover from your back injury. Let us handle the stress, so you can focus on what matters. To find out more about our services and how we can support you in securing back injury compensation, have a chat with us today. We are here to help you.
Contact Us
- Give us a call on 0800 408 7825
- Contact us online
- Use our live chat
Learn More
Some more guides by us:
- Read our helpful guide on serious neck injury claims.
- Learn more about suffering from lower back pain after a car accident.
- Read up on suffering whiplash injuries as a passenger.
Some additional reading:
- Here you will find more information on general back pain from the Health and Safety Executive.
- Read some medical advice on neck pain from the NHS.
- If you’ve been struggling with your mental health after injuring your back, learn more about PTSD from Mind.
Thank you for taking the time to read our guide on back injury compensation claims.