This guide will explore when you could be eligible to make a personal injury claim for a back injury at work in Scotland. It will discuss the criteria that need to be satisfied in order to seek compensation, the time limits for beginning legal proceedings and the evidence you could gather to strengthen your claim.

Employers owe their employees a duty of care. If this is not upheld, and you experience harm as a result, this is negligence. We will explore the responsibilities employers have and the legislation they must adhere to in more detail throughout our guide. Additionally, we will provide examples of accidents at work and how these could occur due to employer negligence.

You can also find information on accident at work settlements, including what they can comprise and how they are calculated.

Finally, our guide will conclude with an overview of No Win No Fee agreements and the benefits of working with a solicitor who offers their services in this capacity.

If you have any questions relating to your potential accident at work claim, please contact an advisor via one of the following methods:

• Call our team for free on the number above
• Contact us online
• Use the live chat option below.

Browse Our Guide

1. When Are You Eligible To Claim For A Back Injury At Work In Scotland?
2. How To Claim For A Back Injury At Work
3. How Could A Back Injury Be Caused By Employer Negligence?
4. Potential Back Injury Compensation Amounts – What Could You Receive?
5. Use Our Panel Of No Win No Fee Solicitors To Make A Back Injury Claim
6. More Information About Back Injury At Work Claims

When Are You Eligible To Claim For A Back Injury At Work In Scotland?

In order to start a personal injury claim, there are certain eligibility criteria that need to be met. As such, you need to establish:

• You were owed a duty of care by your employer at the time and location of the accident.
• This duty was breached by your employer.
• You were caused physical and psychological harm because of the breach.

The duty of care employers owe is outlined in legislation called the Health and Safety at Work etc. Act 1974 (HASAWA). It requires all employers to take the steps considered practicable and reasonable to ensure the prevention of harm to employees whilst at work and doing their job.

In order to uphold their duty of care, employers can assess the risk of injury and take steps to either remove or reduce the risk posed. Also, they can provide proper training to ensure employees are able to carry out their tasks safely. Furthermore, they should provide any necessary personal protective equipment (PPE), such as hard hats and gloves.

If you have evidence that your employer has failed to uphold their duty of care and caused you an injury as a result, please contact an advisor on the number above. They can assess whether you’re eligible to seek personal injury compensation.

Is There A Time Limit When Making An Accident At Work Claim In Scotland?

As per the Prescription and Limitation (Scotland) Act 1984 there is normally a three-year time limit to begin legal proceedings for a personal injury claim. This can start from the date of the accident. However, there are some exceptions that could apply.

To find out more about these and how long you have to begin your claim, call an advisor via the number above.

How To Claim For A Back Injury At Work

There are several steps you can take when making a claim for a back injury at work, including gathering evidence to strengthen your case. Evidence can help prove employer liability and offer an insight into the different ways your injuries have affected your life. Examples of the evidence you could gather include:

• CCTV footage of the accident
• Photos of injuries and the accident scene
• Contact details of witnesses who can provide a statement at a later date
• A diary that details any significant treatments and your mental and physical state
• A copy of your medical records, such as X-rays and prescriptions for medications

A personal injury solicitor from our panel could use their experience handling accident at work claims in Scotland to assist you in building your case. To find out whether you’re eligible to have them represent your claim and learn more about the ways they can help you, call an advisor on the number above.

How Could A Back Injury Be Caused By Employer Negligence?

A back or other spinal injury could occur in the workplace for different reasons. Examples include:

• You may have fallen from a height and sustained a broken back if your employer provided you with a faulty ladder.
• You may have tripped over a wire that wasn’t covered in an office causing you to sustain a soft tissue injury to your back.
• After being instructed to carry out manual handling activities without any proper training, you may have sustained a slipped disc.

To discuss your specific case and find out whether you could claim compensation for a back injury, get in touch with an advisor on the number above.

Potential Back Injury Compensation Amounts – What Could You Receive?

If your personal injury claim is successful, you could receive a settlement comprising of up to two heads of claim. Firstly, under general damages, you will receive compensation for the emotional and physical pain and suffering caused by your injuries.

Solicitors can refer to the Judicial College Guidelines by Judiciary UK to help them value this head of claim as it contains guideline compensation brackets for different injuries. You can find some of these figures in the table below. However, please only use these as a guide because settlements can differ.

Award Brackets

Area of Injury	Severity Level	Award Bracket - Guidelines	Notes
(a) Back	(i) Severe	£91,090 to £160,980	Damage to the spinal cord and nerve roots causing a combination of very serious consequences, such as severe pain and disability.
(a) Back	(ii) Severe	£74,160 to £88,430	Cases in this bracket have special features, including nerve root damage with loss of sensation, impaired mobility and impaired bladder and bowel function.
(a) Back	(iii) Severe	£38,780 to £69,730	Disc lesions or fractures of discs or soft tissue injuries are included in this bracket.
(b) Back	(i) Moderate	£27,760 to £38,780	Injuries in this bracket include compression or crush fractures of the lumbar vertebrae causing a substantial risk of osteoarthritis with constant pain and discomfort.
(b) Back	(ii) Moderate	£12,510 to £27,760	Disturbance of muscles and ligaments that results in back ache.
(c) Back	(i) Minor	£7,890 to £12,510	Injuries such as less serious strains, sprains and disc prolapses with a full recovery within 2-5 years.
(c) Back	(ii) Minor	£4,350 to £7,890	Similar injuries to the above bracket but with a full recovery without surgery within 1-2 years.

Please note, these guidelines are often used by solicitors valuing claims made in England and Wales.

Special Damages

Secondly, under special damages, you could receive compensation for any financial losses caused by your injuries. For example, if you have needed to take time off work to recover, you may have experienced a loss of earnings. This cost could be reimbursed under special damages provided you have evidence, such as wage slips, to prove the loss.

Other costs you could claim back under this head include:

• Domestic care costs
• Medical expenses
• Travel expenses

Evidence, such as receipts, travel tickets and invoices, can help prove any financial losses.

To discuss accident at work payouts in more detail, please speak with an advisor via the number above.

Use Our Panel Of No Win No Fee Solicitors To Make A Back Injury Claim

You may benefit from working with a No Win No Fee solicitor to represent your claim for a back injury at work as they can offer several services including:

• Gathering evidence to support your case
• Valuing your claim
• Explaining any complex legal jargon
• Ensuring your case is put forward within the time limit

A No Win No Fee solicitor could offer to represent your claim under a Damages Based Agreement or Speculative Fee Agreement as per the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. Typically, this means you can access your solicitor’s services without paying upfront, as the claim progresses or if the claim fails.

If the claim outcome is successful, an amount is deducted from the payout. This is subject to a legislative cap.

For more information on working with a solicitor in this way, please speak with an advisor. They can also provide further guidance on the eligibility criteria, time limits and compensation payouts. To get in touch, you can:

• Call our team for free on the number above
• Enquire about your claim online
• Use the live chat option below.

More Information About Back Injury At Work Claims

You can find more of our guides below:

• Find out about claiming as a self-employed staff member for an accident at work.
• A helpful guide on claiming for burns at work.

For more external resources:

• NHS – Back Pain
• Health and Safety Executive – Health And Safety Statistics
• GOV.UK – Statutory Sick Pay

Thank you for reading our helpful guide on when you could be eligible to begin a claim for a back injury at work in Scotland. If you have any other questions, please get in touch with an advisor on the number above.

Writer Jeff Winter

Editor Meg Murial