I Had A Workplace Back Injury, Could I Claim Compensation?
By Olivia Gerrard. Last updated 1st March 2021. Welcome to our guide to making a claim for a back injury at work from lifting. Back injuries that are caused by heavy lifting activities at work are one of the most common types of workplace injuries. If you have suffered a back injury from lifting at work, which was caused by negligence on the part of your employer, you may be eligible to claim compensation.
Call Legal Helpline today on 0161 6969 685 for your free consultation. A claims advisor will speak to you in-depth about your case and if they can see that you are eligible to claim compensation for your back injury at work from lifting, you will be provided with an excellent personal injury solicitor. Alternatively, use our online claims form, to get in contact with us. If you are owed compensation for a workplace back injury, or back pain after lifting heavy objects at work, Legal Helpline is here to support you.
Jump To A Section
- A Guide To Claims For A Back Injury From Lifting At Work
- What Are Back Injuries At Work From Lifting And Carrying?
- Employers Responsibility For Workplace Safety
- Guidelines For Safe Lifting In The Workplace
- Examples of Lifting In An Unsafe Way
- Causes Of Back Pain And Injuries In The Workplace
- Accidents And Injuries Due To Insufficient Training
- What Back Injuries Could Be Caused By Lifting Accidents?
- Back Injury At Work From Lifting Compensation Claims Calculator
- What Could I Claim For An Accident In The Workplace?
- Steps To Take To Claim Against Employers For A Back Injury From Lifting
- Why Make Your Claim For A Back Injury From Lifting At Work With Us?
- No Win, No Fee Claims For Back Injuries At work From Lifting
- Contact Legal Helpline Today
- Where To Learn More
According to the Health And Safety Executive, musculoskeletal injuries are one of the most common workplace injuries.
In 2020, HSE reported 480,000 work-related musculoskeletal disorders that year. These injuries culminated to an average of 8.9 million working days lost. The most common area affected was the back, with those in the agricultural, construction and social care industries being the most affected. Manual handling, awkward or tiring postures including that of typing repetitively are some popular causes of strain. These injuries affect an employee’s quality of life and employees with back pain, or back injuries often have to take time off work or find it affects their work negatively.
In this guide, we will look at accidents that can cause employees to suffer back pain from lifting at work. We will also explain what injuries these sorts of accidents can cause and how to make a back injury at work claim. Also included is a personal injury claims calculator to help you estimate what back injury at work compensation you could be owed. Remember, if you have suffered a back injury because you were given no manual handling training, or because of negligence on the part of your employer, you may be entitled to make a claim for a back injury at work from lifting. Call Legal Helpline today for help making your claim.
Manual handling can include any type of activity at work that involves lifting, carrying, pushing or pulling an object. If manual handling activities are not carried out properly employees can get injured. Such instances can arise when employees are not given correct manual handling training, not given the option to work in pairs where needed, or not supplied with appropriate equipment where necessary.
Lifting and carrying objects incorrectly can cause musculoskeletal injuries, including back injuries. These can include strains, sprains, slipped discs, and long term damage to the musculoskeletal system. We will look into what workplace back injuries can be caused by manual handling activities in more detail later.
Employers owe their employees a duty of care, whilst they are at work. The Health and Safety at Work Act etc. 1974, states that employers are responsible for their employee’s health and safety whilst they are working on their premises or in an environment that they control. This means that employers must provide employees with a safe and hygienic environment in which to work. They must conduct regular risk assessments of the premises, and the processes that employees undertake at work, to identify possible health and safety hazards (things that put employees at risk of an accident). Then they should remove the hazard. For example, if there is a loose floorboard in an office, the management should make sure the floorboard is repaired as soon as possible so it cannot cause trip and fall injuries.
If the health and safety hazard cannot be removed, the employer should apply control measures to minimise the risk. Whilst activities such as manual handling tasks will always carry inherent risks, the employer must take reasonable precautions to protect employees from injuries.
What can employers do to protect employees from injuring their backs at work? They should ensure that employees are given proper training to prevent back pain at work, back pain after lifting or suffering an injured back due to incorrect or dangerous lifting. If an employee needs to work with another employee or needs special equipment to complete their task, their employer must provide them with these resources. If an employee suffers a back injury at work from lifting because of negligence on the part of their employer, the employer could be held liable for their injuries. Therefore, the employee may have the right to make a claim for a back injury at work from lifting against them.
What steps can employers take to prevent workers suffering injuries from lifting at work?
- Avoid assigning tasks that could result in an employee potentially suffering an injury, unless necessary.
- Before an employee begins the task, their manager or supervisor should assess what precautions need to be taken to reduce the risk of back pain.
- If necessary, supply employees with equipment such as trolleys or lifting devices.
Train the employees on how to lift items safely and make sure they know about safe weight-to-height lifting ratios. You can learn more about these in this Health and Safety Executive (HSE) guide.
- Consult employees to see if they are suffering from a medical condition. If they have a pre-existing back injury, or condition which means that they are more vulnerable to back injuries, don’t assign the task to them.
The HSE has more information about how to protect workers from back pain on their website.
As a general rule, it is not safe to lift an item that is more than 25kg in weight. If an employee is expected to lift and carry an item that weighs more than 25kg, an employer should provide them with a trolley to ease the strain this will cause on their lower back. If you were injured because an employer asked you to lift and carry an item weighing more than 25kg, this may be a strong case for you to claim compensation. Call Legal Helpline and speak to an advisor to see if you are eligible to make a claim for a back injury at work from lifting.
In 2020, HSE reported 480,000 work-related musculoskeletal disorders that year. These injuries culminated to an average of 8.9 million working days lost. The most common area affected was the back, with those in the agricultural, construction and social care industries being the most affected. Manual handling, awkward or tiring postures including that of typing repetitively are some popular causes of strain.
We will now look at how employees can get a back injury from lifting:
Not Using The Right Lifting Techniques
One cause of back pain in the workplace is employees lifting items incorrectly. What is an incorrect lifting technique? Not bending your legs and putting most of the pressure on your back can cause injuries.
The Mayo Clinic recommends using this technique when lifting and carrying a heavy object. First of all, bend down. Tighten your core muscles and lift with your legs, not your back. Do not twist to one side or another when you lift. If the object is too heavy for one person, work with a partner. For more information about lifting heavy objects safely at work, speak to your company’s HR department or your health and safety officer.
In any workplace where manual handling activities may be required of employees, all employees should receive training on lifting and carrying heavy objects.
If you were properly trained to lift heavy items and proceeded to lift them incorrectly, you will not be able to claim compensation for your injury. However, if you suffered a back injury, and received no manual handling training at work, you may be able to make a claim for a back injury at work from lifting. Call Legal Helpline to speak to an advisor who can determine if you are eligible to claim.
There are different types of back injuries and back pain from lifting at work. We will now look at what types of injuries from lifting at work, you may be able to claim compensation for.
- Short term injuries: A short term manual handling injury can include a soft tissue injury such as a sprain or strain. These injuries can be painful but fortunately, heal on their own over time.
- Musculoskeletal injuries: Musculoskeletal injuries include injuries affecting the lower back, upper back, neck, shoulders and upper arms. Symptoms of musculoskeletal disorders include pain, swelling, experiencing limited movement and twitching or burning muscles. They can be quite debilitating. Some injuries such as a slipped disc may require surgery for the person to regain their mobility.
If you are awarded compensation for a back injury at work, you will receive a compensation package made up of two heads of claim: general damages and special damages. General damages compensate you for the pain, suffering and loss of amenity caused by your injuries.
To help give you an idea of the value of general damages, we’ve included a personal injury claims calculator. The calculator does not include any special damages you may be entitled to.
Category Of Injury Severity Comments Settlement
Back Injury (A) Severe (i) This is the most severe level of injury. It involves spinal cord and nerve root damage. This leads to the most severe and serious injuries. Symptoms could include paralysis, significant impairment of the bowels and bladder as well as sexual function. £85,470 to
Back Injury (A) Severe (ii) Such cases may have special considerations which mean they do not fit into lower brackets. This could include damage to nerve roots, sensation losses and impairment of mobility. Sexual and bowel function may be impaired. £69,600 to
Back Injury (A) Severe (iii) There may be instances of lesions on discs or fractures to them. There may also be serious soft tissue injuries causing chronic conditions. They may have a disability and experience a variety of symptoms such as physical or psychological effects. £36,390 to
Back Injury (B) Moderate (i) Residual disabilities will be less severe than bracket (A)(iii). A variety of injuries fall into this category. This could include crush or compression fractures affecting the lumbar vertebrae. There is risk of osteoarthritis, discomfort, pain and they may require a spinal fusion.
Various other conditions and injuries may fall into this category.
Back Injury (B) Moderate (ii) Lots of back injuries which may be commonly seen could fall into this bracket. They may affect the muscles or ligaments. They could exacerbate or accelerate an existing condition. How much could be claimed may depend on the severity of the injury, the level of pain experienced and the extent of required treatment. £11,730 to
Back Injury (C) Minor (i) The claimant should make a full recovery to the level the injury is just a nuisance (without surgery) in 2 - 5 years. £7,410 to
Back Injury (C) Minor (ii) Surgery will not be needed, but recovery will take place in 3 months - two years. Existing injuries which have been accelerated or exacerbated may fall into this category. £2,300 to £7,410
Back Injury (C) Minor (iii) A full recovery should be made in three months or less. Up to £2,300
This personal injury claims calculator is not a substitute for speaking to a professional advisor about your claim. Call Legal Helpline and after speaking with you in-depth, we will be able to see if you have legitimate grounds to make a back injury claim and will be able to accurately estimate what your final compensation package might be.
In addition to general damages, you can also claim special damages as part of your claim for a back injury at work from lifting. These are funds that are paid to the claimant to reimburse them for any expenses or financial losses they have incurred as a result of their injuries. If you suffered a slipped disc or another serious back injury that requires surgery, you can use special damages to claim funds for the earnings lost while taking time off work. Other special damages that can be awarded include medical expenses, travel expenses, mobility equipment expenses, home adaptation expenses if your injuries have had a lasting effect on your mobility, care expenses and reimbursement for loss of income.
If you have suffered a back injury at work from lifting, we recommend you take the following steps:
- See a doctor about your injuries.
- Collect evidence to support your claim. This can include witness statements, receipts from purchases you made in relation to your injuries and photographic evidence.
- Contact Legal Helpline to enquire about making a back injury at work claim.
If you have suffered a back injury or suffer from back pain due to negligence of your employer, trust Legal Helpline to support you in your pursuit of compensation. Our panel of experienced personal injury lawyers can get you the payout that you deserve.
How can Legal Helpline help you?
- We can offer you a free, in-depth consultation with a knowledgeable claims advisor. We will be able to determine whether or not you are eligible to claim, and can advise you on the best way to proceed.
- We can provide you with an experienced solicitor. Our panel of solicitors has thirty years of experience handling personal injury claims such as these.
- Your claim will be handled on a No Win, No Fee basis, so there is a lesser financial risk to you.
- The solicitors on our panel always strive to ensure they achieve the maximum amount of compensation possible.
If you have legitimate grounds to claim compensation, you can make a claim with a solicitor from our panel on a No Win, No Fee basis. This means that you will not have to pay upfront fees to begin your claim, nor will you have to pay any claims during proceedings too. 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 solicitor wins your claim, they may ask for a small contribution toward their costs. This is known as a success fee and would be deducted from your final compensation award at the end of the claim. Success fees are legally capped and will be agreed before the claim begins.
To begin your no win no fee claim, call Legal Helpline today to speak to an advisor.
Claim For A Back injury At Work From Lifting FAQ
Here are some commonly asked questions about making a claim for a back injury at work from lifting.
To begin your claim for a back injury at work from lifting, call Legal Helpline today on 0161 6969 685 for your free consultation. Alternatively, use our online claims form, to reach us. We will speak to you in-depth and if we can see that you are owed compensation, we will provide you with an excellent knowledgeable personal injury solicitor to handle your claims. Call today. We’re looking forward to hearing from you.
How To Make A Work Back Injury Compensation Claim? – Check how much compensation you may claim in our guide.
HSE Guide To Back Pain At Work – A guide from the HSE to dealing with back pain in the workplace.
NHS Guide To Back Pain At Work – A guide to dealing with back pain from the NHS.
Thanks for reading our guide to making a claim for a back injury at work from lifting.
Guide by HE
Edited by REG