If you’ve suffered a spinal injury from an accident at work due to your employer’s negligence, you may be eligible to seek compensation.
Spinal injuries can greatly impact your life, with some circumstances leaving you paralysed or struggling with mobility permanently. Alongside this, you could experience a psychological and financial impact on your life.
If your claim meets the relevant criteria, you could receive compensation that accounts for the impact your injuries have had on you. This guide will explore the criteria your claim must meet in more detail.
Additionally, we will highlight the legislation in place that outlines your employers duty of care to take reasonable steps to reduce the risk of harm in the workplace.
Furthermore, we will explore what you can do after a workplace accident, such as the evidence you could collect.
For more information, our advisors are available to speak to you at any time about your potential claim. To get in touch:
- Call using the number above
- Use the contact form on our website
- Send a message through the live chat feature below.
Can I claim for a spinal injury from an accident at work?
Can I Claim For A Spinal Injury From An Accident At Work?
A spinal injury can cause both acute and chronic pain. In extreme circumstances, some injuries to the spine can cause permanent disability, paralysis and even premature death.
You may be interested in seeking compensation for the impact your injuries have had on your life. For example, you may be unable to return to work due to the severity of your injuries, leading to a loss of earnings. Psychological injuries such as anxiety and post-traumatic stress disorder (PTSD) can also progress if you’ve lost independence or made substantial changes to your normal routine due to your injuries.
If you suffer harm in an accident at work, you may have grounds to seek compensation if you can prove it resulted from employer negligence. Negligence involves your employer breaching the duty of care they owed you and causing you harm.
We have explored the responsibilities your employer has as part of their duty of care in the section below. Additionally, you can read on to learn about accident at work compensation payouts that could be awarded for a spinal injury from an accident at work.
Why Is Duty Of Care Important In Work Injury Claims?
Every employer owes their employees a duty of care. This means they must take all reasonable steps to reduce or remove the risk of harm posed by known hazards in the workplace. The Health and Safety at Work etc. Act 1974 outlines this duty.
If they fail to do so, it could lead to different types of workplace accidents. Examples of accidents at work could include:
- An employer fails to adequately train staff to use the heavy machinery they use during the workday. This can include forklifts and automatic kitchen tools. As a result, an employee could sustain injuries after being unable to control the forklift correctly.
- An employer might fail to complete regular maintenance checks to ensure equipment is working correctly and up to standard. As a result, an employee might injure their hand when using a defective drill.
- Loose wires and spillages without warning signs could create the risk of slip, trip and fall accidents.
These accidents can occur in various types of workplace environment, including kitchens, office buildings and in a factory. If you sustain a spinal injury from an accident at work due to your employer failing to uphold the duty of care they owed, you may be able to seek workplace injury compensation. We have explored how compensation may be calculated in more detail below.
Spinal Injury From An Accident At Work – Possible Compensation Payouts
When calculating compensation for a workplace accident, different factors are considered. However, generally, you could receive general and special damages as part of your settlement if your claim is successful.
General damages compensate you for the pain and suffering of any physical and psychological injuries you sustained. The Judicial College Guidelines (JCG) publishes guideline compensation brackets for different injuries, which are used by legal professionals to help them value the general damages portion of settlements.
We’ve added a table below to display some of these compensation brackets. However, these figures are a guideline and will not reflect the exact amount that your claim may be worth. You can call our advisors for a more accurate compensation calculation.
| Injury | Guideline Compensation Bracket | Notes |
|---|---|---|
| Severe Back Injury (a) (i) | £91,090 - £160,980 | Spinal cord and nerve root damage leading to incomplete paralysis and significant function impairment of the bowels, bladder and sexual function. |
| Severe Back Injury (a) (ii) | £74,160 - £88,430 | Nerve root damage that is associated with loss of sensation, unsightly scarring and impaired mobility as well as other issues. |
| Severe Back Injury (a) (iii) | £38,780 - £69,730 | Injuries include disc lesions, fractures or soft tissue damage, causing severe pain and discomfort as well as other issues. |
| Moderate Back Injury (b) (i) | £27,760 - £38,780 | Cases in this bracket include a compression fracture affecting the lumbar vertebrae. There is a substantial risk of ongoing pain and discomfort as well as osteoarthritis. |
| Moderate Back Injury (b) (ii) | £12,510 - £27,760 | Back injuries such as disturbance of ligaments and muscles, leading to backache. |
| Minor Back Injury (c) (i) | £7,890 - £12,510 | A full recovery is made without surgery within 2-5 years. This also includes recovery to a nuisance level. |
| Minor Back Injury (c) (ii) | £4,350 - £7,890 | A full recovery within 1-2 years where surgery is not required. |
| Minor Back Injury (c) (iii) | £2,450 - £4,350 | Full recovery occurs without surgery within 3 months- 1 year. |
| Minor Back Injury (c) (iv) | Up to £2,450 | A full recovery is made within a few months. |
| Severe Neck Injury (a) (i) | In the region of £148,330 | Incomplete paraplegia from an associated neck injury. |
What Else Could I Receive In An Accident At Work Claim?
Special damages cover the financial losses you have incurred due to your injuries. This can include:
- Loss of earnings
- Care costs
- Medical bills
- Travel costs
In order to seek compensation for financial losses, however, you must provide evidence such as invoices and payslips.
What Evidence Could Help When Making A Claim For An Injury At Work?
If you’ve suffered from a spinal injury from an accident at work, it is important that you receive medical attention as soon as possible. This can ensure you receive the correct treatment and diagnosis and will also provide you with medical evidence which may be crucial to support your claim.
More potential types of evidence that you could collect may consist of:
- Witness contact details
- CCTV footage
- A diary of your treatment and symptoms
A solicitor can help you gather evidence to strengthen your claim. Continue reading to learn about how a No Win No Fee solicitor from our panel could help.
Is There An Injury At Work Time Limit?
The Limitation Act 1980 states that you, generally, have three years to start a personal injury claim. This time limit begins from the date the accident occurred or the date that you realise negligence caused or contributed to the harm you sustained.
Exceptions may apply if the injured person lacks the mental capacity to make a claim themselves. In these circumstances, a litigation friend can apply to seek a settlement on the injured person’s behalf. However, if the injured person recovers to the state where they can represent themselves in a claim, the three-year time limit will begin on the date of their recovery.
A similar exception can be made if the injured person is under the age of 18. Contact our advisors to learn more about the injury at work claim time limit and the exceptions that may apply.
Can I Make A No Win No Fee Accident At Work Claim?
The solicitors from our panel can work with you on a Conditional Fee Agreement (CFA). This type of No Win No Fee arrangement allows you to access your solicitor’s services without paying an upfront fee. You also won’t need to pay for the services they provide should your claim fail.
If your claim for a spinal injury from an accident at work succeeds, a legally capped success fee will be deducted from your compensation.
You can connect with our advisors to discuss starting the claims process with accident at work No Win No Fee solicitors from our panel. Find out how to contact our team below.
Contact Us Today For Free Legal Advice
We hope this guide has helped. However, if you’re still unsure whether you’re eligible to seek compensation for a spinal injury from an accident at work, you can:
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- Ask an advisor your questions through the live chat feature below
- Call on the number above
- Contact us online.
Learn More About Making A Claim For An Injury At Work
You can find some links here to other relevant resources.
- See the Health and Safety Executive (HSE) website for workplace accident statistics.
- Learn about Statutory Sick Pay (SSP) with this helpful government guide.
- Read this NHS guide for information urgent and emergency care services.
If you have any further questions about claiming compensation for a spinal injury from an accident at work, please contact us for free legal advice today.
Writer Jess Ainsdale
Editor Meg Martin
