Back Injury Compensation Claims

If you’ve suffered a back injury, you’ll know how painful and debilitating it can be. Unfortunately, in some cases a back injury can have long-lasting consequences and may require treatment by a physiotherapist, chiropractor, osteopath or psychologist. In a few cases, surgery may even be needed to resolve the problem. So, if you’ve suffered a back injury through no fault of your own, it might be worth making a claim.

You may be eligible to claim for back injury compensation if you hit the following criteria:

• The defendant owed you a duty of care
• Your accident was caused by the negligence of the defendant
• You suffered an injury as a result

At Compare Compensation Claims, we can help you to find a specialist back injury solicitor who will assess your claim and help you to get the money you’re entitled to.

Types Of Back Injuries

There are several types of back injuries. Here are some of the most common:

Herniated Discs

Also known as a slipped, ruptured or bulged disc, this is when a cushion of tissue between your vertebrae slips out of place. Pain is caused when it puts pressure on or pinches nearby nerves.

Strains And Sprains

If a ligament is torn or a muscle is overstretched, the surrounding area can become inflamed. This can cause spasming, which can result in pain and difficulty moving.

Fractured Vertebrae

This happens when one of the bones in you spine breaks.

Your injury will also differ depending where on the back it’s located. We have listed some of the back injuries you can claim compensation for.

Cervical Spine Injuries

The cervical spine is located at the top part of your spinal column, where your neck is. This section comprises vertebrae C1 to C7. Types of cervical spine injuries include:

• Cervical dislocation and fractures
• Herniated cervical discs
• Cervical radiculopathy (or “pinched nerve”)

Thoracic Spine Injuries

Your thoracic spine is the middle section of your spine, starting at the bottom of your neck and finishing at the base of your ribs. It is made up of vertebrae T1 to T12. Types of thoracic spine injuries include:

• Thoracic sprains and strains
• Thoracic disk injuries
• Compression fractures

Lumbar Spine Injuries

More commonly known as the lower back, the lumbar spine holds a lot of body weight and is susceptible to sprains and strains. It comprises vertebrae L1 to L5. Types of lumbar spine injuries include:

• Lumbar strains and sprains
• Lumbar fractures
• Herniated lumbar discs
• Sciatica
• Spondylolisthesis, which is when a vertebra (a bone in your spine) slips forward.

Sacral Spine Injuries

Below the lumbar spine and above the coccyx (tailbone) is the sacral spine or sacrum, which is made up of vertebrae S1 to S5. Types of sacral spine injuries include:

• Sacral fractures
• Sacroiliitis (inflammation of the sacroiliac joint)
• Sciatica
• Sacral nerve impingement

Who You Can Make Your Back Injury Claim Against

The person or business liable for your back injury will depend on a number of factors, including where the accident occurred and what caused it. Below we’ve listed some of the most common circumstances where people injure their backs and who is liable for it.

Back Injuries In the Workplace

People in all lines of work can experience back injury, but workers in occupations that involve a lot of heavy lifting can be more vulnerable, such as construction workers or care home staff. However, there are many different work-related activities that can put your back at risk of injury, including:

• Working without breaks
• Working in uncomfortable positions, such as one-sided postures
• Working without the proper equipment
• Working in bad weather conditions
• Poor working conditions
• Repeated lifting
• Repetitive tasks
• Driving long distances

Your employer is required by law to prevent or minimise the risk of workplace accidents. They should have a written safety policy that sets out how they do this, and are responsible for keeping any lifting or moving you need to do to a minimum. They must also provide equipment and manual handling training where necessary. Therefore, if you can prove that your employer did not take the steps required to prevent or reduce the risk of a workplace accident, you may be entitled to make a claim.

Back Injuries In Public Places

If you injured your back in an accident in a public place, such as a supermarket, school or sports stadium, the owner of the land where it happened may be liable. For example, if you experienced a fall due to a faulty escalator at a train station, you may be entitled to claim from the owner or operator of the station. These are known as public liability claims.

Businesses, property owners and public bodies that are responsible for premises have a duty of care to keep their land or premises as safe as possible for the public. They can fail in their duty of care in a variety of ways, such as failing to display wet floor signs, remove trip hazards or maintain a public pavement. If you were injured as a result of them failing to fulfil that duty of care, you may be able to take legal action.

Back Injuries As A Result Of Road Traffic Accidents

Car, motorbike and other road accidents can cause a variety of injuries that can affect your back, from whiplash and herniated discs to spinal cord injuries. If you have injured your back in a road traffic accident, you can make a claim against the driver(s) responsible. As most vehicles are insured for accidents, the insurance company should pay the compensation.

Back Injuries As A Result Of Criminal Injury

Being the victim of an assault or other form of criminal injury can be psychologically distressing and physically painful. Such an attack can even leave you with serious or long-lasting health issues. If you’ve been the victim of a violent attack that has left you with back injuries, you may have already made a criminal injury claim.

However, even if your attacker has not been convicted or charged with a crime, you may still be eligible for compensation as long as you report the incident to the police.

Back Injury Frequently Asked Questions

If you are looking to make a back injury claim, you most likely have some questions. Below, we’ve compiled some of our most frequently asked questions. We’re here to help, so feel free to contact us via live chat or request a callback.

Can I Make A Claim For A Back Injury That Was Partly My Fault

Yes, you are within your rights to make a claim. However, if you were partly responsible for causing your back injury, your compensation could be reduced to reflect this. For example, if the other person is 60% at fault and you’re 40% at fault, your amount of compensation could be reduced by 40%.

If My Pre-existing Back Injury Was Made Worse, Can I Still Make A Claim?

Yes, if an accident that wasn’t your fault exacerbated your back injury, you can claim compensation for the increased physical, emotional and financial impact on your life. However, if this is the case, it’s important to have medical evidence that proves this, or the defendant might try to argue that the accident wasn’t the cause of this.

What Are The Time Limits For Claiming Back Injury Compensation?

To claim compensation for anything, you must have suffered the injury within the last three years. For a back injury, this could either be from the date the accident occurred or the date your back injury was diagnosed by a doctor.

What Evidence Do I Need To Support My Back Injury Claim?

It’s important to provide as much evidence as possible that proves the defendant’s negligence caused your back injury. Evidence could include:

• An accident report
• Witness details
• Medical records
• Photographs of the scene of the accident
• Security camera footage of the accident
• Bank statements, receipts, etc, to show financial loss.

How Much Compensation Could I Be Entitled To For A Back Injury?

The amount of compensation you receive will depend on a range of factors, including how the injury took place, how serious your injury is, how you’ve been financially affected by your injuries and how your quality of life has been impacted. Any medical or care requirements will also be taken into account. To get an idea of how much you could be entitled to, check out our claims calculator.