If you’ve experienced a neck injury at work, you may be entitled to seek compensation. This guide will explore when you could be eligible to do so and when our panel of solicitors could help.
Neck injury at work claims guide
You may be wondering how to begin a claim following a workplace accident. This guide will explore the steps you can take to strengthen your case.
Additionally, we will look at the compensation you could be awarded if your claim succeeds.
Furthermore, we will discuss the benefits of working with No Win No Fee solicitors and the services they can provide.
For more information, please continue reading. Alternatively, to discuss your neck injury claims, get in touch with our advisors today in the following ways:
- Live chat: Speak with an advisor via the feature on our website
- Telephone: Call 0800 073 8805
- Form: Fill out the ‘start your claim’ online form
Choose A Section
- When Can You Claim For A Neck Injury At Work? – A Guide
- Examples Of A Neck Injury At Work
- What Evidence Could Help You In An Accident At Work Claim?
- What Could You Receive For An Accident In The Workplace?
- How Our Solicitors Could Help You Make A No Win No Fee Accident At Work Claim
- Learn More About Claiming For A Neck Injury At Work
When Can You Claim For A Neck Injury At Work? – A Guide
Sustaining a neck injury can impact you physically, mentally, and financially. It can cause pain in your neck, upper back or arms. It can also cause burning, shooting, and stabbing sensations that may begin to affect your shoulders or arms. You could also experience headaches.
The physical symptoms could have an impact on your mental well being. Additionally, the injury may impact your earnings if you’re unable to return to employment during your recovery.
If you are eligible to seek compensation, the impact on your life will be considered when calculating how much you’re owed.
The Health and Safety at Work etc. Act 1974 states that your employer owes you a duty of care and must take all reasonably practicable steps to ensure your safety and welfare at work. If your employer breaches this duty of care, it could lead to you sustaining harm. In order to seek compensation for the harm caused, you must show that:
- You are owed a duty of care
- There is a breach of this duty by your employer
- Your injuries are a result of this breach.
This is known as negligence. If you can show employer negligence caused you harm, you may be able to seek compensation.
To learn more about when you could make a neck injury at work claim, get in touch on the number above.
Examples Of A Neck Injury At Work
Your employer must do what is reasonably practicable to keep you safe, but the steps they can take will vary depending on the workplace. To uphold their duty of care, they could:
- Conduct regular maintenance checks
- Conduct risk assessments
- Provide sufficient training
- Provide necessary personal protective equipment.
You could have sustained your neck injury at work in different environments. Examples may include:
- Office accident- You may have injured yourself after a trip and fall at work. For example, you may have slipped on a wet floor due to a hazard being disregarded.
- Construction accident- You may have fallen off a faulty ladder that was not properly maintained.
- Warehouse accident- Your employer may have failed to provide adequate manual handling training causing you to sustain a strained neck injury when lifting heavy objects incorrectly.
- Factory accident– If you weren’t given training on operating machinery like a forklift, it could result in you crashing into another employee causing you both to sustain injuries.
It is crucial that you acquire evidence to help support your accident at work claim. This can help to establish the employer’s negligence. We have explored the evidence you could gather in the section below.
What Evidence Could Help You In An Accident At Work Claim?
When you sustain your neck injury at work, as part of the work injury claim process it can help if you acquire evidence of the accident and your injuries. Our panel of solicitors can help you attain these. However, examples of evidence you could collect include:
- CCTV footage
- A record of your neck injury in the accident at work book
- Witness contact information
- Copies of the records of the medical care you received
- Taking photographs of the injury or the scene of the accident
When making a work injury claim, a time limit does exist. The Limitation Act 1980 states that the standard time you have in which to start a claim is usually three years from the day of your accident. It can also be from the date you acquire knowledge of negligence.
There are exceptions to the standard time limit. If the person was under eighteen at the time of the accident, they have three years from the date of their eighteenth birthday. Before this point, a suitable adult can apply to act as a litigation friend and make the claim on the person’s behalf.
Similar exceptions apply to the time limit if the person lacks the mental capacity to claim. To learn more about the evidence you can gather and the time limit exceptions, please get in touch on the number above.
What Could You Receive From An Accident At The Workplace?
When asking yourself, ‘can I claim for my injury at work?’, you may be largely thinking about the compensation you could be owed. Compensation for your neck injury at work will differ depending on your circumstances.
However, generally, you could be awarded general damages. This compensation accounts for your harm, suffering, and impact on the quality of your life which has been caused by the injury.
Your injury will be valued in line with the Judicial College Guidelines, which provides compensation brackets used by solicitors to help value the general damages part of your claim. We have included these figures in the table below. This can be used as an alternative to a injury at work claim calculator.
However, these figures aren’t definitive, and the amount will vary depending on your case.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Neck Injury | Severe (a) (i) | A neck injury involving paraplegia is included in this bracket. | Within the region of £148,330 |
| Neck Injury | Severe (a) (ii) | Serious fractures or damage to discs in the cervical spine leading to considerable disabilities. | £65,740 to 130,930 |
| Neck Injury | Severe (a) (iii) | Injuries such as fractures or dislocations are included in this bracket. | £45,470 to £55,990 |
| Neck Injury | Moderate (b) (i) | Fractures or dislocations which cause immediate and severe symptoms and may require a spinal fusion. | £24,990 to £38,490 |
| Neck Injury | Moderate (b) (ii) | A severe disc lesion resulting in cervical spondylosis is included in this bracket. | £13,740 to £24,990 |
| Neck Injury | Moderate (b) (iii) | Moderate soft tissue injuries with a protracted recovery period are included in this bracket. | £7,890 to £13,740 |
| Neck Injury | Minor (c) (i) | Full recovery from minor soft tissue injuries within one or two years. | £4,350 to £7,890 |
| Neck Injury | Minor (c) (ii) | Full recovery from minor soft tissue injuries within three months and a year. | £2,450 to £4,350 |
| Neck Injury | Minor (c) (iii) | Full recovery from minor soft tissue injuries within three months. | Up to £2,450 |
| Shoulder Injury | Severe (a) | Injuries to the neck involving brachial plexus damage causing a notable disability. | £19,200 to £48,030 |
Special Damages In A Work Injury Claim
You may also be eligible to claim special damages when you claim for your neck injury at work.
These can cover any financial losses you suffer both in the present and potentially in the future because of your injury. These can include:
- The cost of transport, such as to get to your hospital appointments
- Medical bills, such as paying for any prescribed medication
- The cost of paid care.
Special damages also cover any loss of earnings that may have occurred due to you missing work while recovering from your injury.
When attempting to claim for monetary losses, it would be valuable to have evidence of the impact on your finances. This could be:
- Receipts
- Bank statements
- Payslips
How Our Solicitors Could Help You Make A No Win No Fee Accident At Work Claim
A type of No Win No Fee arrangement, called a Conditional Fee Agreement, means you typically don’t pay any fees for the work your solicitor has done if your neck injury at work is unsuccessful.
If your claim wins, solicitors will take a success fee from your payout. This is a percentage which the law caps.
To learn more about this type of arrangement and whether one of our workplace injury solicitors could represent your claim on this basis, please get in touch on the number above.
Contact Us For Free To See If You Could Receive Compensation
Contact us for free today to get a consultation on making a claim for your neck injury sustained at work. To get in touch, you can use the following details:
- Live chat: Speak with an advisor via the feature on our website
- Telephone: Call 0800 073 8805
- Form: Fill out the ‘start your claim’ online form
Learn More About Claiming For A Neck Injury At Work
Below are some external resources that may offer you more beneficial information:
- Health And Safety Executive: Responsibilities of your employer
- GOV- Statutory sick pay
- GOV – Compensation after an accident at work
If you found our guide useful, you can read more of our information relating to accidents at work below:
- How much can I claim for an office chair accident?
- How to prove a back injury at work
- When can I claim for stress at work?
Thank you for reading this guide on claiming neck injury at work compensation. Please don’t hesitate to contact us in the ways listed above if you have any further questions.
Writer Emily Moon
Editor Meg Marshall