We will assess your injury claim We will assess your injury claim

Neck and Back Injury Compensation

Am I entitled to beck and back injury compensation against my employer? I do a fair share of lifting at work, and I am afraid this has seriously damaged my neck and back.

Question:

Am I entitled to neck and back injury compensation against my employer? I do a fair share of lifting at work, and I am afraid this has seriously damaged my neck and back.

Answer:

You may be entitled to neck and back injury compensation if your employer has shown lack of care in providing you with a safe environment in which to work, and this has resulted in you sustaining a neck and back injury. In the workplace, lack of care is equivalent to negligence and manifests in various ways.

For instance, if your employer did not properly train you on how to lift objects in such a way that would prevent injuries, you may have a viable back injury compensation claim against him. Moreover, according to the Manual Handling Operations Regulations 1992, you should also have been given mechanised options for performing your tasks whenever reasonably practicable, and all the tasks you perform should have been assessed so as to minimise the risks of injuries.

After you have begun to experience neck and back problems, ideally you should have sought an immediate medical examination. Doing so will help prevent your neck and back injury from getting worse from lack of treatment, and furthermore, you will also have a medical record of your injury. This will support your claim for back injury compensation. In addition, you should report your injury to your employer and it may also be helpful to take photographs of your work area, if at all possible, prior to you making a claim for back injury compensation.

If you feel your employer has been negligent in some way, you should speak with a personal injury solicitor about your situation. If it is determined that you have a viable claim, an experienced solicitor will advise you on the procedures you should follow when claiming for back injury compensation. Another factor to bear in mind is that you have three years from the “date of knowledge” of your injury to make a claim and, although this may appear to be more than sufficient time to prepare a back injury compensation claim, it is in your best interests to speak with a solicitor at the earliest possible opportunity.