This page is designed around an example case study, that aims to show how it could be possible to claim for compensation due to a fractured vertebra caused by a workplace accident. We cover many of the ways such an injury could be caused at work, and also cover the basics of making a personal injury claim for an injury caused by an accident at work.
After reading this page, you may have questions you need to be answered about the claims process in general, or about your own prospective claim. No matter what questions you have, our team can answer them. Call them on 0161 696 9685 today.
Jump To A Section:
- Workplace Accident Leading To Fractured Vertebrae
- Anatomy Of The Vertebral Column And Vertebrae Bones
- Back Injuries At Work As Reported To The Health And Safety Executive
- 5 Possible Causes Of Spinal Compression And Vertebral Fractures At Work
- Case Study: £300,000 Compensation Payout For Fractured Vertebrae And Other Injuries
- Spinal Injury And Fractured Vertebrae Compensation Calculator
- No Win No Fee Fractured Vertebrae Compensation Claims
- How Legal Helpline Could Help You Claim For A Fractured Vertebrae At Work
- Speak To Legal Helpline
- Supporting Resources
Workplace Accident Leading To Fractured Vertebrae
Before we go over the example case study for a fractured vertebra at work claim, we need to cover the concepts of eligibility and liability. In order for a personal injury lawyer to be able to process a claim for you, then you need to be eligible to make a claim. You will also need to be able to prove that your employer was responsible for the injury you have sustained. So, we could say that in order for a claim to be potentially valid, the following must all be true:
- You suffered an injury (physical or psychological).
- The cause of this injury can be attributed to your employer.
- Your employer had a duty to provide you with a safe and healthy working environment.
If we were to examine a number of successful workplace accident claims, they would all share these three facets. The fractured vertebrae compensation amounts a successful claim could result in are driven by how much pain and suffering the claimant was put through, whether their life will be affected in the long-term by their injuries, as well as any financial losses injured.
Anatomy Of The Vertebral Column And Vertebrae Bones
The vertebral column consists of 33 separate vertebrae, these are bones which are separated by a disc or cartilage. The column is defined as 5 separate areas, each with a slightly different way the vertebrae are shaped.
The vertebral column has 4 distinct functions. To protect the spinal cord, which runs through the centre of the column, to support the weight of the upper body, to act as the axis of the body, and to provide movement.
The column is quite fragile in places and can fracture or break due to blunt trauma. Fractured vertebrae treatment can be difficult, as it is very hard to fully immobilise the spine. Stabilising pins are sometimes used, and corrective surgery is often needed to ensure the pine remains aligned after it has healed.
Back Injuries At Work As Reported To The Health And Safety Executive
This section and the next one, is based on data made available by the Health and Safety Executive (HSE). There are many common types of non-fatal accident at work that could result in damage to an employee back. And according to the HSE, these are:
- A fall, trip or slip on the same level.
- Manual handling, carrying or lifting accidents.
- Being struck by an object that is moving or falling.
- Being the victim of an assault.
- Falling from a height.
- Being struck by moving machinery.
- Being struck by a moving vehicle.
In accidents such as these, if it can be proven that the employer was to blame for causing the accident, any injured party may be able to make a compensation claim for the harm they suffered. In such cases where an employee’s back is injured or broken, fractured vertebrae compensation payouts would be driven by the severity of the injuries, and financial losses.
5 Possible Causes Of Spinal Compression And Vertebral Fractures At Work
In the section above, we looked at some of the most common types of non-fatal workplace accidents. In this section, we will attempt to show how these accidents can result in an injury at work such as a spinal fracture, that a personal injury solicitor could be able to process a claim for. For example:
- Any accident that exacerbates an existing medical condition. For example, if the victim previously damaged their back and a work-related accident causes it to flare up again.
- Accidents that are the result of sports that are organised by the company. For example, a football player injuring their back whilst playing for the company amateur team.
- An employee slipping, or tripping at work, or falling from a height, causing them to injure their back.
- An employee driving or a passenger in a company vehicle that is involved in a road traffic accident, inuring the employee’s back.
- A back injury that is the result of an employee that has been assaulted at work by either another employee or a member of the public.
Case Study: £300,000 Compensation Payout For Fractured Vertebrae And Other Injuries
In this section, we present an example of a possible personal injury claim for a fractured spine caused in an accident at work. We will look at how the accident and injury occurred, how the claim progressed, and why the claimant was awarded £300,000 in compensation.
In this specific case, the claimant was a warehouse worker approaching their retirement age. The claimant was asked to move a stack of heavy boxes without using a back brace, as all of the available back braces were being used by other people. After lifting and moving several of the boxes, the claimant stumbled. They tried to correct their balance while still carrying the heavy box, and toppled backwards onto the floor. Unfortunately, there was a small piece of boxwood used in packaging laying on the floor under the victim’s lower back. This caused a fracture of the vertebrae.
The victim was unable to stand on their own, and an ambulance was called. Upon diagnosis, it was found that the fracture had occurred on the same vertebrae that the victim had a history of disc problems with. Due to the victim’s age and previous medical history, it was predicted that even though the fracture would heal, the patient would suffer ongoing back pain, and be unlikely to walk unaided in the future.
Treatment was provided, lasting many months, and eventually, the patient was able to stand and walk a short distance. However, they were in constant back pain and couldn’t walk further than a few metres without a walking stick or frame. In effect, the victim had lost their mobility and now suffered a permanent disability. They had already missed months away from work (losing out on their wages), and now would not be able to return to their job.
A solicitor helped the victim to make a claim against the company. Stating that asking an older member of staff, with document back problems, to carry a heavy weight without safety equipment was gross negligence on the part of the employer. The employer denied liability and the claim went to court for a decision.
The court ruled that the company was indeed liable. A settlement of £300,000 was awarded for pain and suffering, the long-term negative effect on the claimant’s quality of life, and the financial hardship of missing out on income, the claim included a large loss of earnings claim.
Spinal Injury And Fractured Vertebrae Compensation Calculator
Part of the answer to the question, how much compensation will I get for a spinal injury? Is that due to the unique nature of every claim, coming up with an average value is impossible. You may be able to use a fractured vertebrae compensation calculator to get an idea of the value of your claim. You can also use this table below to look up the possible range of compensation. It is based on the UK judicial guidelines.
|Injured back||Severe||£36,390 to £141,141||In this range, we have all severe back injuries such as damage to the spinal column, the spinal nerves, etc. The result will be severe pain and some level of measurable disability, which could include partial paralysis. At the lower end of the scale, all back injuries that result in permanent symptom manifestations including numbness, pins and needles, etc.|
|Injured back||Moderate||£26,050 to £36,390||All back injuries such as damaged vertebrae and minor damage to the spine or spinal nerves. Injuries that could result in a disability, although the victim will still be able to work and enjoy their lives except in the most serious cases.|
|Injured back||Minor||Up to £11,730||Flesh wounds such as lacerations, burns and deep puncture wounds as well as crush injuries. All soft tissue injuries such as sprains and strains and any injury that will heal fully within a 6 month period.|
No Win No Fee Fractured Vertebrae Compensation Claims
You can use a No Win No Fee lawyer to help mitigate the financial risks of making a claim. The lawyer will only take their pre-agreed fee once they have received a compensation payment for you. This means no upfront fees to start your claim, and no ongoing fees while the claim is being processed. You also don’t pay any fees if the claim is unsuccessful and you don’t get any compensation.
How Legal Helpline Could Help You Claim For A Fractured Vertebrae At Work
Do you think you have a valid reason to claim compensation for a compression fracture or any other back injury caused by an accident at work? Then follow these 3 steps to get the help you need.
- Call our team on the number below.
- An advisor will evaluate your claim for you.
- You will learn how a solicitor can help you by processing your claim.
Speak To Legal Helpline
Have you hurt your back in an accident at work that wasn’t your fault? Then you could be able to make a claim if you can prove your employer was to blame. Our team can help you with this. Please contact them on 0161 696 9685 to get some free legal advice on how best to proceed. They can also provide critical information such as the applicable personal injury claims time limit.
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