How To Prove A Back Injury At Work Claim - Injury At Work Claims Expert

In this guide, we will discuss how to prove a back injury at work and what to do if you have injured your back at work. Compensation amounts vary depending on a number of factors, and we’ll give you some insight into how claims are valued later on in this guide.

How to prove a back injury at work guide

The Health and Safety at Work etc. Act 1974 (HASAWA) sets out the legal duty of care that an employer owes to those who work for them. Under this legislation, employers must do what is reasonably practicable to maintain a safe working environment and mitigate any risks or hazards.

If you’ve been injured at work, our advisors can offer you free legal advice. To get in touch with us, you can:

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How To Prove A Back Injury At Work
Compensation Amounts For Back Injury At Work Claims
How Could Back Injuries Happen At Work?
Evidence For Back Injury At Work Claims
What Are No Win No Fee Agreements?
Further Information On How To Prove A Back Injury At Work

How To Prove A Back Injury At Work

A back injury at work may happen in a number of different ways. However, you can only claim for a back injury

The NHS suggests you should seek immediate medical advice for back pain if you have the following symptoms:

Uncontrollable bladder
Swelling in your back
Problems sleeping
Sneezing or coughing worsens the pain
Pain from the top of your back between your shoulders

Back injuries were the most common non-fatal injury sustained in the workplace, under the the Reporting of Injuries, Diseases and Dangerous Occurrence Regulations (RIDDOR) in 2020/21. Last year, 7,377 non-fatal back injuries in the workplace were reported to the Health and Safety Executive (HSE) under RIDDOR.

If you want to know how to prove a back injury claim, the following criteria must apply to your situation in order for your case to be valid:

Your employer owe you a legal duty of care
This duty of care was breached
As a direct result of this breach, you were injured

There are also other considerations to bear in mind, such as the time limit that applies to starting a claim. For free legal advice from our team, call us using the number above.

Compensation Amounts For Back Injury At Work Claims

If an employer has acted negligently and breached a legal duty of care that they owed you, you may be able to claim back injury compensation. However, you must have been injured as a result of the breach.

You may be wondering how much compensation you could be entitled to. General damages covers the pain and suffering caused by your injuries. This covers both physical and mental harm.

Additionally, you might want to claim for any financial losses caused by your injury. The head of the claim that compensates you for this is called special damages. For example, a back injury may result in you taking time off work. As a result, you may suffer from loss of earnings. You could use a wage slip to prove this type of financial loss.

Legal professionals use a document called the Judicial College Guidelines (JCG) to value claims. We have taken compensation amounts from the 16th edition of the JCG to create the table below.

Injury	Compensation Range	Notes
Severe (i) Back Injuries	£91,090 to £160,980	Damage to the spinal cord and roots of the nerves.
Severe (ii) Back Injuries	£74,160 to £88,430	Injuries in this bracket could cause damage to nerve roots and associated loss of sensation, impact on mobility and scarring.
Severe (iii) Back Injuries	£38,780 to £69,730	Disc lesions or fractures of the discs, or soft tissue injuries leading to chronic conditions
Moderate (i) Back Injuries	£27,760 to £38,780	Where residual disability is less serious than other cases, but can include continuous pain and reduced mobility.
Moderate (ii) Back Injuries	£12,510 to £27,760	The level of award within this bracket is determined by the impact of the symptoms on your everyday life.
Minor (i) Back Injuries	£7,890 to £12,510	A full recovery is expected within five years and without the need for surgery.
Minor (ii) Back Injuries	£4,350 to £7,890	A significant recovery will have been made within two to five years.
Minor (iii) Back Injuries	£2,450 to £4,350	A full recovery may happen without any surgery and within two years but longer than three months.
Minor (iii) Back Injuries	Up to £2,450	Where a full recovery occurs within 3 months
Severe Shoulder Injuries	£19,200 to £48,030	Frequently linked to neck injuries and involve damage to the brachial plexus.

Get in touch for a free consultation with no obligation. We can discuss how to prove a back injury at work. If you have a valid case, they could connect you with one of the Injury at work solicitors from our panel.

How Could Back Injuries Happen At Work?

There are plenty of ways a back injury could happen at work as a result of an employer’s negligence. Below, we’ve included some examples of how you could sustain this kind of injury in the workplace:

Slip, trips or falls on the same level – Employers should make sure all spills are cleaned as soon as reasonably possible and, in the meantime, clearly mark any wet floors. If they fail to do so and you slip, you could land on your back and sustain a slipped disc.
Handling, lifting or carrying – Warehouse workers could sustain a manual handling injury if their employers don’t provide training on how to safely lift heavy stock. Furthermore, a risk assessment should be performed to see if the risks related to the task can be removed or reduced.
Falls from a height – Workers such as crane operators could risk falling from a height as part of their job. Employers should provide suitable equipment that is routinely checked and maintained.

Read on to find out how to prove a back injury at work. Otherwise, use our live chat feature to connect with an advisor instantly.

Evidence For Back Injury At Work Claims

If your employer owed you a legal duty of care, and this duty of care was breached leading to an accident that caused your injuries, you may be able to claim against your employer. However, you must be able to back your claim up.

Consider collecting the following evidence:

Seek medical attention – It is important that you seek medical attention as failing to do so could be detrimental to your health. Furthermore, hospital records can provide key evidence of your diagnosis and treatments when building your case.
Photographic evidence – You should take photographs of your injuries and where the accident took place. If it is possible, photograph the hazard that caused you to sustain an injury.
Witness details – If anyone witnessed your accident and could provide a statement at a later date, make sure to get their contact details.
Accident book – Employers that employ 10 or more people must have an accident book on site. You should fill this in with details of your accident.
CCTV footage – You are legally entitled to request CCTV footage of yourself. CCTV footage can show the accident taking place, so it is useful for you to secure this piece of evidence.

Once you have gathered evidence, you should consider seeking legal advice. Our panel of personal injury solicitors are experienced and could help you cover all aspects of your claim. This is important as, once your claim has been settled, you cannot then claim for things that you missed initially.

Additionally, a personal injury lawyer could arrange for a private medical assessment of your injury to provide you with further evidence in support of your claim. Speak to our team for more information on how to prove a back injury at work.

What Are No Win No Fee Agreements?

A No Win No Fee agreement offers a way to fund legal representation without paying your solicitor any upfront costs. You also won’t be expected to pay them any fees as the claim is ongoing.

In the event of a successful work injury claim, a success fee will be deducted from your compensation award before you receive it. This consists of a percentage of your settlement, and the amount that is deducted is subject to a legal cap. You don’t have to pay your lawyer for their services if you lose your claim.

Discuss How To Prove A Back Injury At Work

Our panel of personal injury solicitors can offer representation on a No Win No Fee basis. Our advisors can clarify whether your claim is valid through a free consultation. If it is, they could connect you with a No Win No Fee solicitor from our panel.

To get in touch, you can:

Call the number above
Use our live chat service to instantly connect with our team
Fill out our contact form

Further Information On How To Prove A Back Injury At Work

We have now come to the conclusion of our guide on how to prove a back injury at work. Before we let you go, we wanted to share some additional resources with you.

Back pain treatment – Find out how to treat a back injury with NHS guidance.

How to prepare a health and safety policy – The HSE offers advice on preparing a health and safety policy.

How to claim Statutory Sick Pay (SSP) – Government guidance on claiming SSP.

Other Injury At Work Claims Guides

We hope you now know how to prove a back injury at work. If you have any additional queries, please don’t hesitate to get in touch.

Writer Lewis Jolie

Publisher Fern Strauss