How Do You Claim Compensation For A Herniated Disc?
By Olivia Hewson. Last updated 11th March 2021. Welcome to our slipped disc compensation claims guide. There are many causes of herniated discs that can range from over-exercise to experiencing a slip disc accident at work. Unfortunately, there are some cases where the negligence of a third party could influence an injury of this nature. If that is the case, then you might be searching for a solicitor that could handle your herniated disc compensation claim. Within this guide, we’ll discuss the claims process in greater length and provide you with everything you need to know. slipped disc accident at work
When reading this article, you might have additional questions. If that’s the case, why not contact our team of friendly advisors on 0161 696 9685. 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 Symptoms
- Herniated Disc Causes
- Herniated Disc Treatment And Diagnosis
- 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
slipped disc compensation claim
It is fair to state that an accident or personal injury is never an expected turn of events, but unfortunately, there are some scenarios where a third party’s negligence could cause an incident that inflicts harm.
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.
Herniated Disc Symptoms
The NHS states that there are some cases when a slipped disc injury might not display any signs or symptoms whatsoever. It is possible for those who have endured a slipped disc to be unaware of their injury. However, the most common symptoms of a slipped disc injury include:
- Muscle weakness
- Numbness or tingling
- Neck pain
- Lower back pain
- Pain in hips, legs or buttocks
To learn more about herniated disc causes and how these could result in slipped disc compensation claims, please continue reading.
Herniated Disc Causes
There are many different factors that 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) outline 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 outline 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 necessary requirements, it could make them liable in the event of an accident for slipped disc compensation claims.
Herniated Disc Treatment And Diagnosis
If you have experienced a herniated or slipped disc injury, then you might be wondering what treatment is available. The NHS states that there are several ways to treat an injury of this nature:
- Keeping Active – If the pain you’re experiencing is terrible, then you should rest for a while. But once the pain eases, performing gentle exercise could help you heal and contribute to your wellness.
- Painkillers – If you are in pain, then you could alternate between ibuprofen and paracetamol. Take them on a regular basis at the recommended amount. This will minimise the pain and allow you to keep moving.
- Visiting a GP – If the pain killers are not helping and you are experiencing pain after a month, then the NHS suggests you visit your GP. Your GP could prescribe a stronger medicine such as steroid injections or a muscle relaxer. They may also suggest physiotherapy.
- Surgery – If your slipped disc injury is extreme, then your GP could suggest surgery. This is very uncommon and isn’t usually required, but it is an option.
There are some cases where a herniated disc could cause severe pain, strain, and life-long repercussions. If a third-party was responsible for your injury and subsequent suffering, you could be able to make a slipped disc compensation claim against them. Please read on to find out more.
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.
For many employers, they have a duty of care to adhere to the Manual Handling Operations Regulations 1992, which stipulates the following:
- Avoid instructing hazardous manual handling operations so far as is reasonably practicable;
- Assess any hazardous manual handling operations that cannot be avoided, and;
- Reduce the risk of injury so far as is reasonably practicable.
If an employer fails to uphold their duty of care, their negligence could result in a slipped disc accident at work. In the case that you find yourself falling victim to this type of accident, 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 a significant injury in UK workplaces.
There are various factors that 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 for compensation, please read on or contact our specialist advisors.
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 chances of making a successful slipped disc compensation claim.
Firstly, in order to make a claim for compensation against a negligent employer, it is imperative that you report the incident so it’s recorded in the company’s accident book. When reporting the event, you should ensure that you receive a copy of the documented log. If you are unable to report the incident in person, then you could ask someone you trust to complete this task for you, or at your earliest opportunity, report it.
Secondly, you must be aware of the personal injury claim time limit The time limit for a personal injury claim is three years. This clock begins to tick from the date of the accident. It’s therefore vitally important to seek legal advice as soon as possible. The longer you give your solicitor a chance to investigate your case and obtain the evidence required, the greater the chances of success you’ll have. To discover whether your potential claim meets the applicable time limit, please speak with a member of our team.
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?
Some people believe that a personal injury claim is limited to accidents that have inflicted physical injuries, which isn’t always the case. The claims process is designed to consider various circumstances after an accident, such as physical injury, psychological trauma, and financial loss.
A compensation award may be made up of two heads of claim—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.
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
In order to make a claim for special damages, the financial loss you’ve endured must be directly connected to the accident. It is also strongly advised that those who have experienced financial loss should keep a well-documented record of any expenses, including any receipts, bank statements, invoices, or even bus tickets. Without evidence, it will be difficult to recover the costs.
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, we find they can be a little tricky to use. Therefore, we’ve put together this handy table instead, detailing the relevant injuries and potential payouts. 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 determined by its unique set of facts.
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). A CFA is designed to offer claimants financial protection and the confidence to pursue justice. If you sign a CFA with a solicitor from our panel, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If your claim is successful, your solicitor will seek a small contribution to their efforts. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t’ worry though, as the success fee is legally capped!
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?
There are many legal representatives that 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 and the like, our lawyers will strive to win you the maximum amount of compensation possible. 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 0161 696 9685? They are well-versed in personal injury law, which means they can offer free legal advice and discuss your potential claim in greater length. 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.
Slipped Disc Compensation Claim FAQs
Here are some commonly asked questions regarding herniated disc compensation claims.
How much compensation do you get for a herniated disc?
Personal injury claims are valued according to the extent that the victim has suffered as a result of their accident. Therefore, it’s hard to say how much compensation you could be entitled to without assessing the details of your case. For a free consultation, please get in touch today and you could receive an estimated figure.
Can slipped disc get worse?
If symptoms are ignored or aggravated by additional strain, a slipped disc injury could worsen. To avoid this, it’s important that any injury or suspected injury is reported to a medical professional as soon as possible, so it can be treated and logged in your records. Therefore, you minimise the risk of further injury and provide yourself with evidence for any future claim you may make.
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
- Get information on making a 50/50 accident claim and who pays for what with our helpful split liability claims guide.
Thanks for reading our slipped disc compensation claims guide.
Guide by MN
Edited by REG