back injury at work claims solicitors

What is a back injury at work claim?

A back injury at work claim is a type of compensation claim that can be made against an employer in the case that an employee has suffered a back injury in the workplace due to the employer’s negligence. If a workplace accident that was not the fault of the employee has resulted in a back injury, a compensation claim can be pursued. The injury must have been caused by the negligence of the employer for a claim to be successful.

What types of evidence are needed to prove a back injury at work?

To establish a back injury at work claim, certain types of evidence are required to demonstrate that the injury occurred in the workplace due to the negligence of the employer. This evidence may include:

A copy of the accident report as noted in the company accident book, medical records if you have consulted your GP, a hospital, or have undergone physiotherapy for your injuries. Additionally, any witness reports or contact details for any witnesses of the accident that led to your injury can be used as evidence.

In some instances, back and spinal injuries may not manifest immediately, and may ‘flare up’ later. In such circumstances, expert advice will be useful. Photographic proof of any visible symptoms may also be beneficial.

If your employer offers their medical assessment, it is still advisable to see your GP. You should keep a record of all loss of earnings and any relevant receipts, for instance, records of travel to appointments. Finally, try to gather evidence of failures on your employer’s part, such as outdated records of manual handling training or evidence of faulty machinery.

Our expert accidents at work solicitors will be able to help you navigate through this process. It is essential to realise the financial impact of an accident, and therefore, it is necessary to ensure that the compensation claimed is not lower than you’re legally entitled to as per the law.

Can I claim if I am a full-time, part-time employee, a contractor or on a zero hours contract?

Yes, irrespective of your employment status, you have the right to make a claim if you have suffered a back injury at work. This is applicable whether you are a full-time or part-time employee, a contractor, or on a zero-hours contract. The key factor is that the injury must have been caused as a result of your employer’s negligence. This could be due to inadequate training, or a lack of safety measures in the workplace. It’s essential to note that you have a three-year window from the date of the injury or your diagnosis to initiate the claim.

Can I claim for back or spinal injuries if I were partly at fault?

Yes, it is possible to claim for back or spinal injuries at work even if you were partially at fault. Under UK law, it’s your employer’s responsibility to ensure your safety at work. This includes providing adequate training and maintaining a safe workplace. If lack of proper training or inadequate safety measures at your workplace contributed to your injury, you could be eligible to make a claim.

For instance, if you were injured due to incorrect use of equipment, but your employer failed to provide sufficient training for that equipment, you could make a ‘contributory negligence’ claim. In such cases, the compensation awarded would be proportionate to the extent of your employer’s fault. If you were deemed to be 50% at fault, you would receive half of the total compensation amount. This holds true for all workers, whether full-time, part-time, contractors or those on zero-hours contracts.

It’s important to remember that, in general, you have three years from the date of your back injury, or from when you were diagnosed, to make a claim. The total compensation you may be able to claim can vary based on various factors, including the severity of the injury, loss of earnings, and changes to your lifestyle.

How long do I have to claim for a back injury at work?

The time frame to make a claim for a back injury at work is three years from the date of the accident, or three years from the date your injuries were diagnosed by a medical professional. However, there are some exceptions to this rule. If the injury caused you to be mentally incapacitated or your injury happened overseas, you may have longer than three years to claim. If you were under 18 at the time, you can claim up to the date of your 21st birthday. Additionally, if workplace equipment was found to be faulty, you can claim three years after the equipment was found to be at fault.

Can I be fired for making a back injury at work claim?

No, you cannot be fired for making a back injury at work claim. It is your employer’s responsibility to ensure that you are safe at work. If your back injury was caused by your employer’s negligence, you have the right to claim compensation. This right extends whether you are a full-time or part-time employee, a contractor, or on a zero-hour contract.

Your claim would be against your employer’s Employer’s Liability Insurance, not against the employer directly. Therefore, making a claim should not affect your employment status. If you do experience repercussions after making a claim, such as dismissal or adverse treatment, you may have grounds for a further claim for unfair dismissal or victimisation.

Remember, you have three years from the date of your back injury or your diagnosis to make a claim. The amount of compensation you may be able to claim depends on the severity of the injury, loss of earnings and any changes to your lifestyle that the injury has caused. Therefore, it is crucial to seek legal advice to ensure you receive the compensation you are entitled to.

What is the law regarding compensation for a back injury at work?

UK legislation, including the Health and Safety at Work Act 1974 and the Manual Handling laws, assigns responsibility to employers to ensure the safety of their employees in the workplace. If an employee suffers a back injury at work due to the negligence of the employer, they may be eligible for compensation. This could be the case if inadequate training or a lack of workplace safety measures contributed to the injury.

Claims for compensation must be made within three years from the date of the injury or the diagnosis of the injury. The compensation amount that can be claimed depends on the severity of the injury, loss of earnings, and lifestyle changes resulting from the injury. A back injury at work claim can be made by full-time or part-time employees, contractors, or those on zero-hour contracts.

Under the Health and Safety at Work Act 1974, employers have a duty of care to provide relevant training for machinery, equipment, or manual labour. This includes roles covered by the Manual Handling Operations Regulation 1992, and jobs at a height, which fall under the Work at Height Regulations 2005 Act. If these standards are not met by an employer, a claim could potentially be made.

The time limit for making a claim for a back injury at work is three years from the date of the accident or from the date the injuries were diagnosed by a medical professional. The compensation for back injuries depends on the severity of the injuries and their impact on the individual’s life. This could range from £2,000 for minor back injuries to £151,000 for severe back injuries such as spinal cord damage.

How do back injuries happen in the workplace?

Back injuries in the workplace can occur due to various causes. The most prevalent causes are workplace accidents. Nevertheless, certain manual tasks can lead to injuries over time, which might be more challenging to identify but may still be valid for a claim. Some typical back injuries in the workplace include slips, trips or falls, falling from a height, and falls triggered by broken or unstable chairs. Additionally, objects falling from a height and landing on you can also lead to back injuries.

Other back or spinal injuries linked to specific tasks might be a result of improper lifting of heavy objects without appropriate training, repeated lifting of heavy loads, repetitive strenuous tasks such as manual packing, strenuous physical work including crouching and bending over, and posture issues, for instance, through poor computer placement. These task-specific issues may cause ongoing back pain. Conversely, accidental injury may lead to short or long-term spinal damage, for example, through prolapsed discs, ligament, tendon or soft tissue damage, or in extreme cases – paralysis.

What type of back injuries at work can I claim for?

You may be eligible to claim compensation for a variety of back injuries sustained at work, especially if these injuries are due to employer negligence. This can include circumstances where inadequate training or insufficient workplace safety measures have contributed to your injury. Back injuries that may be claimable range from those resulting from specific incidents such as slips, trips, and falls, to injuries caused by ongoing issues like manual handling tasks or inadequate training. Furthermore, you might be able to claim for back or spinal injuries even if you were partially at fault, such as in cases where you used equipment incorrectly due to a lack of appropriate training from your employer.

Common back injuries in the workplace that you may be able to claim for include those caused by falls from a height, objects falling and landing on you, improper lifting of heavy objects, repetitive strenuous tasks such as manual packing, strenuous physical work including crouching and bending over, and posture issues, for example, from poor computer placement. Even task-specific issues resulting in ongoing back pain could qualify for a claim.

Other more severe injuries such as prolapsed discs, damage to ligaments, tendons or soft tissue, and in extreme cases, paralysis, may also be claimable if they are caused by an accident in the workplace. Similarly, you might be eligible to make a claim if you have a pre-existing condition that was worsened by your work.

How do I choose the right solicitor for a back injury at work claim?

Selecting the appropriate solicitor for a back injury at work claim requires a careful decision-making process. You should seek a solicitor who is not only willing to listen to your case but also has a good track record of successful claims. For instance, Express Solicitors have been able to procure £160 million in personal injury compensation for their clients. Furthermore, they are willing to take on cases that others might refuse.

Keep in mind that pursuing a claim can be a prolonged process because the solicitor will be working hard to ensure you gain every penny you deserve. A majority of these cases operate on a No Win, No Fee basis. This means that if your case is unsuccessful, you will not have to pay any legal fees. This gives you the peace of mind that you will not be at any financial risk when you make a claim.

Lastly, consider a solicitor who offers unlimited legal support. You should be able to seek advice as many times as you need, without any obligation to proceed with a claim. A good solicitor should provide you with knowledge about your legal rights completely free of charge, helping you make an informed decision about whether to pursue a claim or not.