Who Can Claim Compensation For Work Related Back Injuries?

By Author: Falcon Matthew
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Injuries to the lower back, mainly muscle strains and lumbar sprains, account for more days off work in the UK than anything apart from the common cold. The latest Health and Safety Executive figures for 2009/10 show that 23.4 million days were lost due to work related ill health, and previous surveys indicate that around a fifth of the workers affected will have originally sustained back injuries leading to acute or chronic back conditions. Construction, factory, warehouse and production line workers are particularly susceptible to back injuries at work. These injuries may be the result of a workplace accident, or be caused by years of cumulative bending and lifting. There is also a high incidence of long-term back conditions among delivery drivers, nurses, care workers and gardeners. No industry is immune however, and a high percentage of back injuries occur among office workers performing everyday tasks such as moving desks or filing cabinets and carrying folders.

The most common cause of back injuries at work is manual handling, which encompasses heavy or repetitive lifting, as well as pulling, pushing, carrying and ...
... holding. Often workers will not have received training in safe lifting and carrying techniques, and injuries may result from a failure to bend the knees properly while lifting, or carrying a weight too far away from the body. Detailed regulations and guidance for employers in these areas are included in the Manual Handling Operations Regulations 1992. Cumulative back injuries may be caused by repetitive tasks, such as bending or crouching, as well as by posture and work station ergonomics. Those working on computers for example may spend long hours hunched over a screen, placing the spine in an unnatural stress position. Other contributory factors to back injuries in the workplace include a lack of adequate breaks, stress, pressure, fatigue and excessive heat, cold or dampness.

Minor back injuries normally involve strains or sprains to ligaments supporting the spine. Herniated (prolapsed) discs are another relatively minor though extremely painful type of back injury, where the inner part of the disc bulges out through a weakness in the outer disc and presses on spinal nerves. Fractured vertebrae are treated far more seriously as they have the potential to cause long-term conditions such as osteoarthritis. Damage to the spinal cord may also result from a severe fracture, and this can have devastating consequences due to the role played by the spinal cord in transmitting messages from the brain to the body and controlling sensation and movement.

Employers have a duty of care to provide employees with a safe workplace and working practises. They are required to avoid manual handling operations wherever a suitable alternative exists, and fully risk assess such tasks. Workers must also be properly trained in safe lifting techniques. The amount of compensation awarded for back injuries in the workplace will depend on pain, suffering and the recovery time of an injured person. Damages will also be awarded for financial losses associated with an injury, including time off work and the ongoing costs of medical treatment. The highest awards will involve severe long-term conditions such as paralysis, or an injured person's inability to continue in a highly paid job. Specialist firms of solicitors will offer the best advice regarding back injuries at work and will usually represent injured clients on a no win no fee basis, meaning there will be nothing to pay whether or not a claim is successful.