Back Injury Claims *
The back is constructed of muscles, bones, tendons and various other types of soft tissue and nerves, is sensitive and can be susceptible to injuries. The main cause of back injuries * is due to lifting heavy items and incorrectly lifting an object. It is not surprising that work-related back injuries are a very common occurrence, especially for those with a manual job such as warehouse pickers, factory workers or construction workers, for example. Some of the consequences related to back injury * include:
- Suffering from chronic pain
- Partial paralysis
- Full paralysis
- Difficulty with lifting, walking and other everyday tasks
It is vitally important to seek immediate medical attention when a person injures their back. It is medically recommended to wait until an ambulance arrives before moving or attempting to examine a back injury *. The reason behind this is to prevent further damage to the spinal cord. If you or a loved one have suffered a back injury * speaking with a solicitor may help you determine whether you can pursue legal action.
Common types of injuries
A slipped disc injury * occurs in the lower back and happens due to excessive bending and lifting. The initial pain is likely to be sudden and severe, this can in certain circumstances be worsened by general actions such as sitting and coughing.
Sacro Iliac Joint Dysfunction
This injury relates to severe pain at the back of the pelvis, the lower back can also suffer. Aching at the base of the spine and locking of the joints are common symptoms.
Spondylolysis is a stress fracture of the lower back and is caused due to repeated arcing and twisting of the back.
Facet syndrome can occur by a person’s quick sudden movements which result in severe joint pain. Symptoms may include pain, stiffness and locking of the joints.
Causes of injuries
- Trips, slips and falls in a workplace or public are due to dangerous hazards,
- The manual handling of various objects in the workplace,
- Improper equipment provided which is used to lift a heavy object,
- Working long periods of physical labour without being provided with appropriate breaks,
- Not being qualified with a manual handling course.
- Injury sustained in a car or other road traffic accidents
An employer has a responsibility to abide by the Health and Safety at Work Act 2005. If you think you have suffered a back injury * due to the negligence of an employer it is recommended to talk to a solicitor.
The settlement of a case will vary as each case will be different. Generally, the settlement procedure would work as follows (of course, this is subject to change and your solicitor will keep you informed at each stage of the process):
- Your solicitor will submit your claim to the Injuries Board for assessment
- The Injuries Board assess your case and revert with a suggested back injury claim amount
- You then decide whether to accept the amount suggested or to reject and move the next stage of the process
- If both parties accept the back injury compensation suggestion, then your case will be settled at this point.
- If one of both parties decline the suggested settlement amount then you move to the next stage of the back injury settlement process
- In cases where the Injuries Board assessment is not agreed to, then legal proceedings are issued and your case moves forward to a court hearing.
- Before the court hearing, settlement talks do take place. In most cases, a case is resolved, settled and compensation agreed at the settlement talks before having to step foot into a courtroom.
- If your case is not settled at the settlement talks stage then your case moves to a court hearing where a Judge will make a decision on your case.
Settlement talks are a good opportunity for your legal team to talk to the other side’s legal team to settle any disagreements on what costs are to be awarded. Costs awarded usually consist of an amount for the injury itself and added expenses you may have incurred, these claims are called damages:
- General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following the incident and impact of the injury on your quality of life.
- Special Damages: Out of pocket expenses incurred as a result of the accident * for example, loss of earnings (if you were out of work), future loss of earnings for extended time out of work, medical bills, future medical bills, and any added travel costs as a result of the injury, for example, travel to and from the hospital.
Legal time limits *
The legal time limits on how long you have to make a claim vary depending on the situation. The general rule for all personal injury cases * is that the person has two years from the date of the accident or date of knowledge of the injury to make a back injury at work claim. The Gardai have a duty to record any accident that occurs in a public place. It is noted in a document known as an “Accident Report book”. It is important to obtain the report made as it is accessed alongside any medical reports or records from a medical practitioner.
The Injuries Board
Back injury * claims must be passed through the Injuries Board for assessment before proceeding to settlement or to court. For more information on the Injuries Board application and assessment process, feel free to contact our dedicated personal injury * team.
Tell us about your case *
If you have suffered a back injury *, our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Elaine Hickey on 01 649 9900 or email firstname.lastname@example.org and to tell her about your case.
If you rather we call you please do feel free to tell us about your case by leaving your details along with a message outlining your query on the form below and we can call you back.
With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.