Back injuries and spinal injuries are severe and can have significant and long-term consequences on your quality of life as well as affecting the loved ones around you. These injuries often occur in the workplace, and whilst most back injuries happen in manual labour jobs, they can happen anywhere. Most of these injuries are accidents; however, there are those that are caused by an employer or co-workers’ negligence.
Work-related back injuries are already incredibly traumatising; however, when you find out that the accident you were involved in was due to someone else’s negligence and may have been avoided, it can worsen the emotional pain you have already been put through.
If you have suffered a back injury that was caused by an accident that was not your fault, you may be eligible to make a back injury compensation claim. Contact Wildwood Legal today to get in touch with one of our personal injury solicitors, who will be able to determine your eligibility and explain the claims process clearly.
Common causes of back injuries in the workplace
There are many potential accidents in the workplace that can lead to types of back injury. Some of the most common reasons we see that lead to back injury at work claims include:
· Slips, trips and falls – Slips and falls are some of the most common causes of back injuries in workplace accidents. These falls can be caused by colleagues that have neglected their duties or by employers if they have failed to put proper protective measures in place to reduce the risk of an accident like this occurring.
· Manual handling injuries – These back injuries occur when a person is lifting an object that is too heavy for them. These injuries can be caused when an employer forces you to lift heavy objects or fails to provide you with adequate training to lift objects safely.
If you have suffered a back injury as a result of one of the causes listed above as well as a variety of others your employer may be liable for your accident. All employers are legally required to have Employer’s liability insurance. Therefore, when you file a fall at work claim, you will be claiming against your employer’s insurance company, not your actual employer.
Employers’ duty of care
By UK law, employers have a duty of care towards their employees. This duty of care extends to all employees, regardless of the nature of their job or whether they have a fixed or temporary contract with the employer. Therefore, your employer is legally required to put specific measures in place to protect you from any illness or injury whilst at work.
In terms of back injuries, your employer should supply you with suitable training to prevent these injuries, as well as putting adequate safety measures into place to ensure that you are not putting yourself at risk. They should also perform risk assessments to identify any potential risks that could cause a back injury, such as a fall or trip hazard.
If your employer failed to implement these measures and you have been injured as a result, you may be entitled to make an accident at work claim.
What is the claims process for back injuries?
Following a back injury, you should seek legal advice from a specialist solicitor and begin to gather evidence immediately. A back injury matter will rely on substantial evidence; therefore, you should request any relevant medical records, medical reports, photographs of any injuries or injury-related symptoms and witness statements. In order to prove financial losses, you should also gather documents that prove loss of earnings, such as bank statements.
Once the evidence collection has occurred, a legal expert will be able to provide tailored advice for your claim.
Back injuries are very serious, so you should visit the hospital immediately. Whilst medical treatment is ongoing; it is important to keep a record of any necessary information. You should also report the accident in the logbook at your workplace or report it to the relevant department so that there is an official record.
Once you are able, contact Wildwood Legal, who will be able to commence the claim and prepare the appropriate documents. Negotiations and settlements will occur in the same way that they would in a clinical negligence or personal injury matter.
What can be recovered in back injury at work claims?
There are a variety of losses that can be recovered in a legal claim following an accident that was not your fault. Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents. Therefore, it has made a provision for injured persons to obtain compensation for the same.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed.
A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident.
Other financial losses – Other financial losses which were directly caused by the accident, such as medical care and treatment costs and travel costs, can also be recovered as part of a personal injury claim.
There is no maximum amount that you can be awarded for back injury claims. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to negligence. A negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.
In certain cases, it can be difficult for the sufferer of a back injury to pursue a claim for injury at work compensation themselves. Therefore, a litigation friend (often a close family member) will be able to pursue them on their behalf.
How is back injury at work claims compensation calculated?
Compensation awards for all personal injury claims are split into general damages and special damages.
General Damages – This refers to the amount of compensation awarded to you for your pain, suffering and loss of amenity.
To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future, medical costs, travel costs or the costs of care provided to you.
It is difficult to estimate the amount of compensation you will receive for your injuries without knowing the full extent of your injuries. There are, however, compensation calculators online that can be used to estimate how much you may be able to receive from your claim.
Can I receive assistance before my back injury at work claim concludes?
When you are suffering as a result of a serious injury, it can put you at financial risk if you are unable to work, or you may be forced to pay for treatment. Therefore, interim payments are available in order to relieve some of the financial burdens that you may be faced with.
Interim payments are payments that can be made prior to a final settlement for costs such as rehabilitation and private medical care.
For more information regarding interim payments, please contact Wildwood Legal to get in touch with one of our personal injury solicitors.
How much do back injury at work claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on Conditional Fee Agreements (also known as a no win, no fee basis).
This means that if you do not win your case, you do not pay us any fees at all. If you have a successful claim, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
Time limits for making back injury at work claims
The general rule on time limits for making a back injury claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the accident has happened.
The three-year deadline begins on the date that the accident occurred or from the date on which you realised that your injuries were associated with your accident due to negligence.
The three-year time limit for claiming compensation does not apply to those under 18; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.
How can Wildwood Legal assist with back injury at work claims?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping Claimants make accident at work claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
The law relating to accidents at work is complicated and can be a minefield for the unwary. We will guide you professionally through every step of the journey and make sure that your injury at work claim is presented in the best possible way to ensure maximum possible back injury compensation.
We value the opinion of our clients. We will always listen to you and take on board what you say. With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards, meaning that we are a trusted law firm. We offer services to individuals located in England and Wales and have registered offices in Harrogate and London. To make an enquiry, get in contact with us either email us firstname.lastname@example.org or call us 01423 209 046.
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