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By Olivia Hewson. Last updated 11th March 2021. Welcome to our slipped disc compensation claim guide.
If you have suffered a slipped disc injury, you may be able to claim compensation if you can prove that your injury was caused by negligence. This guide will explain the eligibility criteria when claiming for a serious injury. Furthermore, it will outline the potential amount of bulging disc compensation you could receive from a successful claim. Additionally, it will also explain the benefits of using a No Win No Fee personal injury solicitor to claim.
When reading this article, you might have additional questions. If that’s the case, why not contact our team of friendly advisors on 0333 000 0729. They’re available 24 hours a day, 7 days a week. They can offer free legal advice and chat about your potential claim in greater detail. And if they think you have a good chance of success, they’ll put you in touch with a specialist solicitor who’ll get to work on your claim right away.
Jump To A Section
- A Guide To Claiming Compensation For A Herniated Disc
- What Is A Slipped Or Herniated Disc?
- Herniated Disc Causes
- Slipped And Herniated Discs Caused By Manual Handling Accidents
- Slipped And Herniated Discs Caused By Slips And Falls
- Eligibility To Make A Back Injury Claim
- What Could You Claim For A Slipped Or Herniated Disc?
- Compensation For A Herniated Disc Calculator
- No Win No Fee Compensation For A Herniated Disc
- Why Choose Legal Helpline For Your Herniated Disc Claim?
- Talk To Legal Helpline Today
- Resources And References
A Guide To Claiming Compensation For A Herniated Disc
Third-party negligence could lead to you suffering a serious injury. You may be able to make a slipped disc injury claim if you have sufficient evidence showing how your injury was caused by negligence.
In this slipped disc compensation claims guide, we’ll cover how a slipped or herniated disc could be caused. In addition, we’ll explain how our panel of solicitors could assist those in making a herniated disc compensation claim. We’ll also answer critical questions such as:
- What is a herniated disc?
- Are herniated disc injuries and slipped disc injuries different?
- Could the negligence of a third party cause a herniated injury?
- I experienced a slipped disc accident at work, can I claim?
- How could a personal injury solicitor help me?
- What is a No Win No Fee Agreement?
What Is A Slipped Or Herniated Disc?
A slipped disc may also be referred to as a herniated disc. There are a variety of factors that could cause an injury of this nature, but often they’re caused by active movements such as exercise and heavy lifting.
In technical terms, a slipped disc occurs when the soft cushion of tissue that is located between the bones in your spine is pushed out of place. The intensity of pain of a slipped disc injury can vary from non-existent to excruciating. The severity depends on whether the slipped disc presses against nerves that are located near the injury. Pain can also radiate to other parts of the body, such as the lower back or neck.
Furthermore, you can claim for many different types of back injuries. This includes a bulging disc. This is similar to a slipped or herniated disc. However, in some cases, the bulging disc may not cause as much pain, depending on the extent of the injury.
Whether you have suffered a bulging disc or want to learn more about making a slipped disc injury claim, know that you can contact us for free to see if you can claim compensation.
Herniated Disc Causes
Many different factors could cause a herniated disc injury. According to the NHS, they include:
- Being inactive
- Being overweight
- Lifting heavy objects with poor technique
- Aggressively exercising
- Ageing
- A slipped disc accident at work
Unfortunately, there are some scenarios where an injury of this nature could be caused by the negligence of a third party. For example, if you work in an environment that requires you to lift heavy objects, then your employer should provide you with the correct protective equipment and provide training, such as lifting techniques and equipment usage. If an employer fails to perform these requirements, then their negligence could contribute towards a workplace incident that could have been avoided.
The Health and Safety Executive (HSE) outlines that training those in manual handling positions cannot guarantee a safer working environment, but it helps raise awareness and reduces the potential risks. The HSE also outlines that the techniques that should be taught in the training process should be modified to reflect the tasks involved within the job role. If an employer fails to provide these requirements, it could make them liable in the event of an accident for slipped disc compensation claims.
You would only be able to claim compensation if you can prove that your slipped or bulging disc was caused by negligence. To learn more about slipped disc injury claims, contact us for free at a time that works for you.
Slipped And Herniated Discs Caused By Manual Handling Accidents
For some, their job role requires them to repeatedly lift heavy objects. Often, this could make them more prone to developing a herniated disc or experiencing a slipped disc accident at work. This is primarily due to the repetitive motion and overexertion involved within their job role.
Employers have a duty of care to adhere to the Manual Handling Operations Regulations 1992, which stipulates that they should:
- As far as reasonably practicable, avoid instructing any hazardous manual handling tasks;
- Assess all manual handling operations that cannot be avoided, and;
- Reduce any potential risk of injury as far as reasonably possible.
If an employer fails to uphold their duty of care, their negligence could result in a slipped disc accident at work.
It’s important to bear in mind that it isn’t just slipped disc accidents you may be able to claim for. You could also claim bulging disc workers’ compensation if you can prove that your injury was caused by employer negligence. Whilst this injury sometimes may not be considered as serious, a bulging disc can still have serious health implications.
If you think you may have been injured by your employer’s negligence, please contact a member of our team to discuss whether you could have grounds to make a herniated disc compensation claim.
Slipped And Herniated Discs Caused By Slips And Falls
There are some cases where a herniated disc could develop in relation to a slip, trip or fall-related incident. The HSE states that slip, trip and fall accidents are the most common causes of significant injury in UK workplaces.
Various factors could contribute to an injury of this nature and one factor could be third-party negligence. In some cases, a herniated disc could occur when a person tries to prevent a fall from happening. For example, if a person were to slip, they might try and attempt to avert the incident by holding onto a piece of furniture. The strain of this action could cause tension and result in a slipped disc injury.
To prevent a slip, trip and fall-related accident from happening in the workplace, there are procedures an employer could perform. From risk assessments, routine investigations to regular housekeeping, there are measures that could be implemented to highlight hazardous causes and ensure a safe working environment for all employees. For instance, the HSE states that risks assessments are a great way to evaluate the workplace and control risks.
If an employer fails to implement these vital measures and an accident occurs as a result of their negligence, they could be held liable through slipped disc compensation claims. To learn whether you could be eligible to claim for a slipped disc injury, contact us for free using the above details.
Eligibility To Make A Back Injury Claim
If you have suffered a herniated disc in the lower back due to third-party negligence, there are some factors you should be aware of. This way, you ensure that you give yourself the best chance of making a successful slipped disc compensation claim.
Firstly, to make a claim for compensation against a negligent employer, you must report the incident so it’s recorded in the company’s accident book. This is important because if, for example, you’re making a bulging disc compensation claim, the accident log can be used as evidence to highlight how the accident happened.
Furthermore, when making a personal injury claim, evidence is vital. You need to be able to show how negligence caused your injury. To do this, personal injury solicitors, should you choose to use them, will help you collect evidence to build your case. Other types of evidence that could help during the claims process include:
- CCTV footage.
- Details of potential witnesses. This could be very important when making a bulging disc compensation claim.
- Photographs of your injured or prolapsed disc and the accident site. This can show how someone else’s negligence could have caused your injury.
- Medical reports and copies of your scans highlighting the extent of your injury. This can also show the severity of the injury which could be important in a slipped disc claim.
For details on how payouts are calculated for herniated disc compensation claims, please see the next section of our guide.
What Could You Claim For A Slipped Or Herniated Disc?
A compensation award may be made up of compensation from two different avenues —general damages and special damages.
General Damages – This award is made to compensate you for the pain, suffering and loss of amenity experienced as a result of the injury. A prolapsed or herniated disc can lead to long-term or permanent health issues. Whether it is a minor injury or a more serious one, you could be entitled to general damages compensation.
Special Damages – This is designed to compensate you for any financial expenses or losses incurred, or those that will be incurred in the future, as a result of a slipped disc accident at work. For example, the time required to heal after an accident could restrict your ability to earn an income. If that is the case, then you could have grounds to claim for the loss of earnings. A special damages claim could also include:
- Medical expenses
- The cost of travel
- Aftercare cost
- The loss of income
- The loss of irreplaceable items
- The cost of repair or replacement of personal belongings
To claim special damages, the financial loss you’ve endured must be directly connected to the accident. If claimed successfully, this can greatly impact the slipped disc compensation amount you could receive.
Evidence you could use when claiming for financial losses in a personal injury claim includes receipts, invoices and bank statements. Furthermore, it’s important to remember that you would only receive special damages compensation at the end of the claims process if you’ve been able to prove that your injury was caused by someone else’s negligence.
To learn the type of payout that you could be entitled to as part of a slipped disc compensation claim, please see our personal injury compensation calculator in the next section.
Compensation For A Herniated Disc Calculator
You may have encountered a personal injury compensation calculator online, promising to provide you with an accurate payout estimate. However, you can find important information about potential slipped disc compensation amounts below. These figures are based on a legal publication called the Judicial College Guidelines which details compensation awards made by the courts for different injuries.
Within the table, there is a list of various injuries, their severities, and the compensation that could be awarded. It is important to remember that the value of each claim is unique so the amount you could receive at the end of the claims process could be different.
| Injury Type | Severity | Compensation Amount | Injury Description |
|---|---|---|---|
| Back Injury | Minor | £7,410 to £11,730 | Within this bracket, the injury severity is often in relation to fractures and breaks. The affected individual is expected to make a recovery without surgery, but they could be in a degree of pain and are expected to two to five years. |
| Back Injury | Moderate | £26,050 to £36,390 | A moderate back injury of this nature is often related to compression and crush fractures of the lumbar vertebrae. The affected individual will be on constant pain and discomfort, they may also require surgery. |
| Back Injury | Severe | A severe back injury is often relating to nerve roots and the spinal cord. Those who experience an injury of this nature are often expected to have an impaired balder, bowel, and sexual function. | A severe back injury is often relating to nerve roots and the spinal cord. Those who experience an injury of this nature are often expected to have an impaired balder, bowel, and sexual function. |
| Neck Injury | Minor | £4,080 to £7,410 | A minor neck injury is often expected to real within a one to two year time frame with no need of surgery. |
| Neck Injury | Moderate | £7,410 to £11,980 | A moderate neck injury of this calibre could result in shoulder limitation and discomfort. Additional symptoms might persist for two years. |
| Neck Injury | Severe | £18,020 to £45,070 | A severe neck injury is often related to brachial plexus, which means that the affected individual will be significantly disabled. |
| PTSD | Minor | £3,710 to £7,680 | Minor levels of PTSD are often expected to minimise after one to two years-time. However, the affected individual may display signs of depression and anxiety. |
| PTSD | Severe | £56,180 to £94,470 | A severe case of PTSD will affect the individuals ability to work and function to a similar level pre-trauma. |
No Win No Fee Compensation For A Herniated Disc
Our panel of solicitors always offers the option of entering into a No Win No Fee Agreement, also known as a Conditional Fee Agreement (CFA). If you sign a CFA with a solicitor from our panel, you will not have to pay any upfront legal fees, nor will you have to pay any legal fees during your claim. Furthermore, if your claim is unsuccessful, you will not have to pay your solicitor’s legal fees.
If your claim is successful, your solicitor will take a legally capped success fee from your compensation to cover their legal fees. This is an amount that is agreed upon before you agree to use their services.
To learn more about the services that our panel of personal injury lawyers could offer to handle your slipped disc compensation claim, please see the next section of our guide.
Why Choose Legal Helpline For Your Herniated Disc Claim?
Many legal representatives could handle your claim. However, here at Legal Helpline, our advisors offer free consultations and could go on to connect you with a specialist solicitor from our panel.
With significant experience in handling herniated disc compensation claims, our panel of solicitors could help you claim compensation. To ease your journey, they will guide you through the complexities of the legal process, explaining your progress each step of the way. If you have a query or would like an update on your case, our team is always on hand to take your call, any day, any time.
Talk To Legal Helpline Today
To begin your slipped disc compensation claim, why not call one of our advisors on 0333 000 0729? They are well-versed in personal injury law, which means they can offer free legal advice and discuss your potential claim at greater length. Additionally, our friendly advisors are available 24 hours a day, 7 days a week. In addition to our phone lines, you could enquire online through our online form by clicking here to see if you can claim for a slipped disc injury.
Resources And References
In connection with this online guide, we have provided some additional materials.
- Paralysis Injury Claims – Paralysis injury
- Warehouse Accident Claims – How much compensation you could be owed
- Manual Handling Claims – How to make a claim of this nature
- HSE – Slipped disc case study
- Citizen’s Advice – What you should do after a workplace accident
- Learn how to make a 50/50 accident claim with our useful guide about split liability claims.
Thanks for reading our slipped disc compensation claims guide.
Guide by MN
Edited by REG
