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Suffering a back injury in an accident that wasn’t your fault can have long-term impacts that go far beyond the incident itself. While some back injuries may only be temporary, others can be more permanent and significantly reduce a person’s quality of life. Whether you suffered minor or severe damage, you may be able to make a back injury claim if you were hurt in an accident caused by someone else’s negligent actions. Please continue reading to find out more about claiming back injury compensation.
What You Need To Know
- Back injuries include herniated discs, fractured vertebrae, and sprains.
- They often occur due to high-impact accidents, such as car collisions and falls from heights.
- In 2023/24, 232,000 self-reported having a work-related musculoskeletal disorder affecting the back area.
- Some back injuries can have long-term consequences, leading to chronic pain, restricted movement, and nerve damage.
- There may also be a substantial financial impact if the back injury requires specialist private treatment, home adaptations, or professional support.
Here at Legal Helpline, our panel of solicitors have extensive knowledge and experience to help navigate their clients through the back injury claims process. If you’d like to find out if one of them can support you next, please speak to an advisor now for more information on making a personal injury compensation claim.
Jump To A Section
- Can I Make A Back Injury Claim?
- What Are The Common Accidents Leading To A Back Injury?
- Types Of Back Injuries Compensation Can Be Claimed For
- How Much Compensation Can I Get In A Back Injury Claim?
- What Factors Will Determine The Final Back Injury Compensation Amount?
- What Do I Need To Claim For A Back Injury?
- No Win No Fee Back Injury Claim With Our Panel Of Solicitors
- More Information
Can I Make A Back Injury Claim?
You or your loved one may be able to make a back injury claim if the following are proved:
- A party owed a duty of care to you or your loved one.
- They breached this duty of care.
- Due to this breach, you or your loved one suffered a back injury.
In any situation, a duty of care is the legal obligation that third parties have to take certain actions to protect your safety. The next section will explore how this duty of care varies in different circumstances, providing a deeper understanding of the concept.
There may be circumstances where a back injury compensation claim needs to be made by an eligible adult, such as a loved one or solicitor, on behalf of someone else. This is made possible by the role of a litigation friend, which is used in situations where someone is too young (under 18) or mentally incapacitated to claim for themselves.
Contact our advisors for further guidance on how the eligiblity criteria for making a back injury claim might apply to you or your loved one’s specific circumstances.
What Are The Common Accidents Leading To A Back Injury?
We will now examine some of the most common accidents that may lead to a back injury, together with how they might give rise to a valid claim.
Road Traffic Accidents
Every road user has a duty of care to ensure they avoid acting in a way that would injure someone else (as well as themselves). They must also abide by the provisions of the Road Traffic Act 1988 and the Highway Code. A breach of this duty may lead to a road traffic accident claim if it leads to an injury.
- Example: A speeding car collides with your motorcycle from behind, leaving you with multiple soft tissue injuries to the neck and the back.
Workplace Accidents
All employers have a responsibility to ensure the well-being, health, and safety of their employees by taking reasonable steps to do so. Under the Health and Safety at Work etc. Act 1974, these steps might involve providing safety training and appropriate personal protective equipment.
- Example: Your employer is aware that a ladder at work is defective, but they insist that you use it despite the potential risk. You subsequently fall from height when the ladder gives way, resulting in serious spinal damage.
Public Place Accidents
Occupiers, those who are in control of a public place, have a duty of care to implement practical measures that can ensure the reasonable safety of visitors. This obligation is set by the Occupiers’ Liability Act 1957, which might be breached in a situation like the following:
- Example: You are unaware that the treadmill at your gym is faulty and in need of repair. Management does not place any notices to alert visitors, nor do they remove the machine from use. The treadmill subsequently malfunctions, leaving you with multiple fractured vertebrae when you are thrown off the machine.
Call our advisors now for guidance on how to make a compensation claim in your specific circumstances.
Types Of Back Injuries Compensation Can Be Claimed For
Many types of back injury compensation can be claimed for, so long as they are the result of someone else’s negligent actions. These injuries include:
- Slipped discs, also known as a herniated disc.
- Paralysis (partial or complete).
- Disc lesions.
- Soft tissue damage, such as sprains.
- Nerve damage.
Whether your injury is serious or minor, speak to an advisor now to see if you can get started with your claim today.
How Much Compensation Can I Get In A Back Injury Claim?
If your back injury claim succeeds, how much compensation you can get will depend on the specifics of the damage, its severity, and the overall impact on your life. However, your personal injury solicitors can assess the potential value of general damage (the part of a claim that covers your pain and suffering) by using the Judicial College Guidelines. They might do so because the text contains suggestive compensation brackets for different types of injuries.
The table below contains some JCG brackets for back injuries, excluding the initial row (which isn’t sourced from the text). Please only use this table for guidance.
| Injury | Category | Notes | Compensation Guidelines |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | There are many injuries and financial implications due to a loss of income and medical costs. | Up to £350,000+ |
| Back | Severe (i) | This bracket includes the most severe possible injury to the nerve roots and spinal cord. There will be severe disability and pain along with incomplete paralysis and significant impairment of bowel, bladder, and sexual function. | £111,150 to £196,450 |
| Severe (ii) | This bracket will have special features compared to lower brackets, such as impaired bladder and bowel function, unsightly scarring, and loss of sensation. | £90,510 to £107,910 | |
| Severe (iii) | Includes cases of soft tissue damage causing chronic conditions. Despite treatment (usually surgery), there will be ongoing severe pain, as well as impaired sexual function and agility. | £47,320 to £85,100 | |
| Moderate (i) | This bracket can include crush and compression fractures to lumbar vertebrae, with constant pain and a substantial risk of osteoarthritis. | £33,880 to £47,320 | |
| Moderate (ii) | Bracket covers muscle and ligament disturbances that result in backache, as well as soft tissue damage causing persistent acceleration and/or exacerbating pre-existing back conditions. | £15,260 to £33,880 | |
| Minor (i) | Without surgery, claimant will make a complete recovery (or one to nuisance-level) within around 2-5 years. | £9,630 to £15,260 | |
| Minor (ii) | Complete recovery made within 1-2 years without the need for surgery. | £5,310 to £9,630 | |
| Minor (iii) | Full recovery without surgery occurring around 3 months to a year. | £2,990 to £5,310 | |
| Minor (iv) | There is a full recovery within 3 months. | Up to £2,990 |
Our advisors are available 24/7 if you have any questions about payouts or using our mental health compensation calculator.
What Factors Will Determine The Final Back Injury Compensation Amount?
Several factors will determine the final back injury compensation amount, not the least of which is the financial impact of being hurt. These losses fall under special damages, which require evidence like bank statements to be claimed for. If you have this documentation, claimable losses might include:
- Lost income, including future earnings, if you are no longer able to work or do your old job.
- Cost of care provided by professionals or a family member.
- Medical costs, such as prescriptions and private healthcare.
- Rehabilitation and recovery through physiotherapy, occupational therapy, mobility scooters, and counselling.
- Home or car adaptations, like installing grab rails throughout your house.
- Travel expenses incurred while attending medical appointments.
Can I Get Early Access To My Compensation For Ongoing Needs?
Yes, you may be able to seek early access to your compensation if you have ongoing needs by applying for interim payments. These payments are essentially an advance on compensation, paid out before a claim settles. You may be eligible if:
- There is a strong chance that your claim will succeed
- The defendant has accepted liability.
- You have an urgent financial need, such as the cost of emergency medical care.
Please reach out to learn more and find out how one of the solicitors from our panel can assist with your interim payment application.
What Do I Need To Claim For A Back Injury?
To claim for a back injury, you will need to begin collecting evidence that highlights how another party’s negligent actions directly caused it. This proof might include:
- Contact details for colleagues or family members who might provide supportive eyewitness testimony to your solicitor.
- Medical notes, such as X-rays, consultation notes and A&E records.
- Details from the accident book, if you suffered a back injury at work or in a public place.
- Dashcam or CCTV recordings of the accident.
- If the back injury occurred on the road, then you’ll need the contact details of the other party. You’ll also want to get their insurance, registration, and vehicle information.
- Photographs of the accident site and any visible injuries you sustained to your back or elsewhere.
As well as having this evidence, you will need to ensure that you start your back injury compensation claim within 3 years of the accident. There are exceptions to this under the Limitation Act 1980, which our guide on time limits explains in depth.
If you choose to work with one of the solicitors from our panel, they will not only make sure your claim is filed in time, but also help gather the evidence needed to strengthen your case. Please get in touch to learn more, and keep reading to find out what other services are available to clients.
No Win No Fee Back Injury Claim With Our Panel Of Solicitors
You can make a No Win No Fee back injury claim with a solicitor from our panel if your free, initial consultation determines you have an eligible case. Our panel of solicitors specifically operate under a Conditional Fee Agreement (CFA), which protects you from paying any service fees for their work:
- At the start of the claim.
- While the claim is in progress.
- If you lose your claim.
You will only have to pay a small percentage of your back injury compensation to your solicitor if your claim succeeds. This success fee is kept small thanks to the percentage being subject to a legal cap. CFAs aren’t the only benefit to working with our experienced panel of solicitors. Here are just a few ways one of them could help your back injury compensation claim:
- Arranging an independent medical assessment to document the extent of your back injuries and support your claim.
- Gathering evidence and piecing all the documents together to build the most compelling case possible.
- Calculating your potential back injury compensation to ensure any settlement fully reflects the extent of your pain and suffering.
- Providing regular updates on your claim so you always know where you stand.
- Coordinating with rehabilitation specialists to support your recovery.
Contact Legal Helpline
For more information about the benefits of working with our panel of No Win No Fee solicitors, contact Legal Helpline’s advisory team today:
- Call on 0333 000 0729.
- Fill out our online form for an enquiry.
- Speak to an advisor through live chat.
More Information
Here are some more of our guides:
- Information on how to make a PTSD claim.
- Details on Botox injury claims.
- Our guide on finger injury claims.
You can also read these additional links for more information:
- NHS guidance on back pain.
- Information from the NHS on sciatica.
- Government resource on statutory sick pay (SSP).
Thank you for reading this guide, and please reach out today if you’d like to get started with your own back injury claim.
