Back injuries are the most common cause of back pain and can frequently occur when you use when you use your back muscles in such activities as lifting heavy objects or doing strenuous physical activity. Minor back injuries can also occur from excessive twisting of the spine or tripping.
Generally, if you have suffered a back injury which results from the careless action or negligence of another person, you may be able to sustain a claim for compensation. It is typically the insurance company of the person at fault who will pay a compensation claim to you, rather than the person at fault themselves.
If you have sustained a back injury at work, whether it is because of unsafe work conditions or otherwise, you may be able to sustain a claim for compensation. Common causes of back injury at work include:
If you have sustained a back injury while at work, it is important that you seek legal assistance as soon as possible to be sure that you understand your rights.
Example: Jim was unpacking boxes in a warehouse as part of his job for a large fruit company. Once he had finished unpacking all of the pears from his boxes into larger cartons in the warehouse refridgerator, Jim decided he’d pack down the boxes to make it easier to carry them to the recycling bin. After he’d packed each box down, Jim bent down to pick up all of the boxes, losing his balance as he lent over. Jim slipped onto the floor, falling hard onto his lower back.
If you suffer an injury in a motor vehicle and you are not at fault, you may be able to make a claim under compulsory third party (CTP) insurance scheme for compensation. As there are time limits within which injured persons may make a claim, you should see an experienced lawyer who can guide you through the various claim restrictions and help maximise the claim payable to you.
Example: Jim is driving to work and is stuck in heavy traffic. While stopped at a traffic light, a driver who is clearly using his mobile phone while driving, does not see that the traffic light is red. The driver rams straight into the rear of Jim’s vehicle at a high speed, thrusting Jim’s body forward and causing severe whiplash.
If your back injury has occurred in a public place due to the negligence of another person or organisation, you may have a public liability claim. To succeed in a public liability claim you will need to abide by statutory time limits and ensure you can identify the at fault person or organisation. Injuries which occur at work, during medical procedures or in a car accident, among other things, are not covered by public liability.
Professions with higher incidence of back injury are those which require lifting or frequent bending, including:
Back injuries can occur in a variety of situations. Heavy lifting or failure to take appropriate safety precautions when carrying large items is a primary cause. In addition, workers are often injured due to accidental slipping or tripping and prolonged bending over.
The compensation payable to you will depend on the nature of the back injury and the extent to which it has impacted your regular daily life. There are many factors a court will consider when reviewing your claim for compensation, including:
Check if you may have a claim in 60 seconds or less and request a free & no-obligation call back from our Principal Greg Smith now.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.