If you’ve experienced a back injury at work, you’re not alone. Unison report that every year over 300,000 people in the UK suffer from back pain, due to manual handling in the workplace. Back injuries are amongst the most common workplace injuries, affecting those across all industries. From labourers handling heavy loads to office workers getting back pain from poorly designed furniture, these injuries can affect anyone.
Back injuries often have consequences that go way beyond just some back pain. They can impact your emotional health and financial stability. As such, families affected by back injuries can deal with a lot of added stress if, for instance, a primary earner is unable to work.
In the event that you have experienced a back injury at work, you are protected under the law. UK law recognises how serious workplace injuries are, and provides protections for employees affected by them. If you have suffered a back injury as the result of negligence on the part of your employer, then you are entitled to claim compensation. This is designed to ease the financial burden on you and to provide support while you recover. That said, navigating the claims process is not always simple or straightforward. That’s why you need legal representation.
At TBI Law, we bring the experience and expertise needed in workplace injury claims to help you get the compensation that you need and deserve. Here, we’re going to go through a step-by-step guide to help you make a claim for your back injury. Read on to understand your rights and the actions you should take to secure any compensation you may be owed.
First and foremost, you need to take care of your health. Even if your injury seems minor, you should seek medical attention. Some back injuries do not start to present their symptoms immediately, such as whiplash. Getting a proper diagnosis from your doctor is vital for your recovery, but establishing a medical record also provides critical evidence for your claim. These reports can document the severity of your injury, and can also help you establish a link between the injury and the workplace incident. This strengthens your case greatly.
Take the necessary steps to notify your employer about the injury as soon as you can. If your employee has an accident book, as they are required to maintain by UK law, then your incident should be reported in this book. Otherwise, you should send a formal report to your employer via mail or email, keeping a record of the communication and any follow-up. This can provide vital documentation to support your claim. If you’re not certain about the best way to report the incident, please read our guide on what to do if an accident or sudden illness occurs at work. If you’re still looking for help, then asking one of our personal injury solicitors can help you navigate the process.
If you want to ensure that your workplace injury claim is successful, especially in a case where employer negligence might not be immediately obvious, then gathering what evidence you can is vital. Some evidence you should collect includes the following:
Having the necessary evidence can be the vital difference between a successful claim and one that doesn’t go your way.
After the incident, keep a daily journal, including detailed records of all of the expenses you have suffered that are related to your injury. This includes your medical bills, costs for treatment, lost income, and the like. These records can help quantify the financial impact of your injury, which could help establish how much you end up getting for your claim.
Keep a record of how your injury affects you, as well. Be transparent and consistent, recording your pain levels, loss of joy due to mobility limitations as a result of the injury, and any other ways it is affecting you. The impact of an injury often goes beyond the financial alone, and keeping the record can help demonstrate that.
In the UK, there is a three-year time limit when it comes to personal injury claims. You have to file the claim within three years from the date of the incident. Delaying the steps you take to seek compensation can jeopardise your ability to claim it. What’s more, your ability to collect evidence might be diminished. Providing fresh evidence and filing your case within the right legal timeframe can maximise your chances of success. For more information, please read our guide on how to claim compensation for an injury at work.
To make a claim for a back injury at work, you have to demonstrate employer negligence. Your employer has a legal duty to provide a safe working environment and can be found liable for negligence if they don’t maintain this duty, leading to injury. Some examples include:
There are different types of back injuries that can result from negligence. These include heavy lifting accidents, where excessive loads or poor handling techniques can strain the back, slips & trips, and falls, and repetitive strain injuries.
However, you may not be able to make a claim if, for instance, you sustain a self-inflicted injury due to reckless behaviour, or sustain an injury outside of the workplace. To work out the legitimacy of your claim, speak to a member of our team.
We have a dedicated guide covering "How to prove a back injury at work" - bu here are some of our top tips.
Obtain a GP or hospital report, documenting the injury’s severity and linking it to the workplace incident for an objective basis for your claim.
Gather valuable testimony from colleagues and bystanders who witnessed the incident, corroborating your version of events.
Gather training logs, safety audits, or risk assessments that can reveal negligence via lapses in the necessary safety protocols.
Provide visual documentation of unsafe conditions or damaged equipment that contributed to your injury.
Keep notes detailing all of the various ways the incident has affected you, including financially, physically, and mentally.
There are general estimates based on case averages. The actual amount you may receive will depend on the specifics of your case.
We bring decades of experience in workplace injury claims. With our client-focused approach, we prioritise your well-being first and aim for the best possible outcome. With numerous successful claims and satisfied clients, we have a proven track record of success.
At TBI Solicitors, we understand the profound impact that a back injury can have on your life. However, if your employer’s negligence led to your injury, UK law is on your side and so are we.
Get in touch with one of our teams at: Hartlepool, Stockton, Barnard Castle, Sunderland or Wynyard. We can help you ensure that you have the best possible case and chance of getting the compensation you deserve, starting with a free, no-obligation consultation.
