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Solicitors back injury compensation claims usually result from pinched nerves, disc compression and nerve root irritation or strained and pulled muscles most commonly caused by car accidents, sports injuries and lifting accidents. It is officially estimated that over 85% of adults under the age of 50 have at some time in their lives suffered from pain caused by traumatic lumbar injury.

Back pain is the single most common cause of absence from work and in most cases it is caused as a result of injury due to utilising an improper method of lifting even modest weight. It is estimated that 4 million working days are lost in the UK every year due to musculo-skeletal injuries, most of which involve back pain. Back injury occurs frequently to employees whilst in the workplace often due to inadequate training and supervision relating to manual handling operations that have not had a proper risk assessment and often due to inadequate provision of mechanical aids to ensure that the lifting process is carried out safely and in accordance with the law. A solicitors back injury compensation claim is not restricted to manufacturing industry with manual handling accounting for about 40% of accidents in wholesale and retail distribution and over 50% in health services.

Lifting Injury

Lifting accidents at work account for a large proportion of back injury compensation claims and if the accident is as a result of a lack of relevant training or inadequate equipment then a claim for compensation can be made against the employers. The Manual Handling Operations Regulations 1992 require that a risk assessment is carried out prior to any lifting operations and failure to do so can result in a finding of negligence. Employers are required to eliminate or reduce risk as far as is reasonably possible and a back injury solicitor will succeed in an injury compensation claim if they fail to do so.

Evidence Preservation

There are a number of things you can do after an accident to protect your legal rights. The following are suggestions that may help a back injury solicitor prove your claim :-

  • write down as much as you can about the accident and any financial losses you've suffered as a result of the accident
  • visit a hospital or your doctor for treatment and to record the extent of the injury
  • make notes of conversations that you have with people involved in the accident
  • preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs
  • locate people who witnessed the accident and who might be able to help you prove your case and obtain their names addresses and telephone numbers
  • notify anyone you think might be responsible for the accident and if appropriate complete an accident report

Injury Compensation Awards

Damages that can be awarded in back injury compensation claims include :-

  • loss of past and future income
  • medical expenses for the past and for the future
  • assistance for the future
  • pain and suffering (including psychological damage)
  • loss of amenities of life
  • prescriptions
  • reduced employment prospects in the future
  • expenses in relation to the claim

Manual Handling Operations Regulations 1992

The law requires employers to minimise physical injuries during manual handling operations by the provision of mechanical aids and the implementation of adequate risk assessments for all procedures that may involve manual handling. This means that all operations involving materials handling must be assessed and where reasonably practicable mechanical movement and lifting must by law be substituted for manual handling and lifting. In the event that there is no alternative to manual handling it is incumbent on employers to carry out a detailed risk assessment prior to instigation of the manual handling operation. Any such risk assessment must take into account the nature of the intended procedure, the weight involved, the location, workplace environment and the skill, experience and expertise of those involved in the lift. The principle regulations relating workplace safety are contained in the following regulations :-

  • The Management of Health and Safety at Work Regulations 1992
  • The Workplace (Health, Safety and Welfare) Regulations 1992
  • The Manual Handling Operations Regulations 1992
  • The Provision and Use of Work Equipment Regulations 1998
  • The Personal Protective Equipment at Work Regulations 1992

European Directives

Some small but important changes were made to the 1992 legislation by amendment contained in the European Directive 90/269/EEC and employers must now also take into account the following matters relating to the particular employee who may be involved in handling materials or plant who may be at risk if he or she :-

  • is physically unsuited to carry out the task
  • is wearing unsuitable clothing, footwear or other personal effects
  • does not have adequate or appropriate knowledge or training

Accident Time Limits

Time limits in back injury compensation claims in the United Kingdom are governed by the Limitation Act 1980. In general terms a claim must be settled or legal proceedings must have been issued in a court of law within three years of an incident causing personal injury or within three years of the symptoms becoming obvious. There are exceptions to this general rule for minors, that is those people under the age of eighteen years at the time of the accident and for the mentally disabled. In the case of a minor, time does not start running until the attainment of the eighteenth birthday, expiring on the eve of the 21st birthday and for the mentally incapacitated time does not start to run until full mental capacity is regained which means that in some cases time may never start to run allowing proceedings to be issued at any time until death.

Back Injury Solicitors

Our back injury solicitors are members of the Solicitors Regulation Authority panel of personal injury experts. Our experience and ability will ensure that you receive maximum compensation. We operate the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If you would like free advice just use the helpline or complete the contact form or email our offices and an expert lawyer will speak to you on the telephone without further obligation.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here