The majority of broken back injuries involve fractures of the L1 and L2 vertebrae (L1 and L2 refer to the location and number of the individual bones). The vertebrae in the back are surrounded by muscles, tendons and ligaments, as well as being separated by discs which provide support. The bones serve to protect the vital spinal cord, as well as important nerves that control the body's movements. A broken back may be a life-changing injury if the damage to surrounding structures is extensive, or if multiple bones are fractured. Both domestic and working life can be radically affected. An injured person may no longer be able to play sports or undertake even light physical activities. They may require ongoing pain-killing medication, extensive physiotherapy and further surgery. Where an injured person is unable to return to work, or otherwise resume routine working tasks, they may suffer serious loss of earnings. This is one of the most important reasons for people seeking compensation following a broken back injury.

Back fractures can take place in almost any working environment, but for obvious reasons the highest incidence rate of such injuries is among those whose occupation involves regular working at height. This includes construction workers, roofers, window cleaners, painters, decorators, electricians and lift maintenance staff. Workers may fall down flights of stairs, or a customer may be thrown from a horse during a riding school lesson. Broken back may therefore occur both at work and at publicly-visited commercial premises. Often equipment or the premises themselves will be classed as defective, meaning the negligence of management has caused a broken back injury. A ladder provided to workers may collapse due to defective rungs, a fragile floor may give way, or a workers may fall from a roof. Such accidents are regularly caused by the actions of co-workers, for which management is ultimately responsible under the principle of vicarious liability. Workers may also fall from pieces of machinery and vehicles in the workplace, especially when loading and unloading goods.

Employers have various responsibilities to reduce the risk of workers breaking their backs and fracturing vertebrae in the workplace. The Manual Handling Operations Regulations 1992 imposes restrictions on weights that should be lifted by hand, while the Work at Height Regulations 2005 provides guidance for employers whose employees are required to work at height. Essentially working at height should be avoided wherever a suitable alternative exists. Otherwise workers must be provided with the appropriate safety equipment to minimise the risk of falls. A safe system of work must also be implemented by management, and all working at height tasks should be comprehensively risk-assessed. All working equipment and apparatus such as ladders and platforms must be regularly checked for defects, and should be suitable for the task for which they are intended. Premises must be similarly well maintained, and kept free from obstacles and obstructions which may cause workers to trip and fall.

We are often asked; how much compensation can I claim for a fractured back? The answer is that compensation awards for broken back injuries vary widely in size, dependant mostly on the extent of the ongoing consequences of the injury. Where a fractured bone in the back involves a continuing level of disability, such as severe pain, impaired agility or sexual function, and psychological factors including depression, awards will range between £24,750 and £44,500. Lower levels of residual disability, such as the future risk of osteoarthritis developing or similar degeneration in the back over time will lead to awards of between £17,750 and £24,750. Compensation awards therefore depend mainly on the length and extent of the recovery from the original injury.

Bartletts Solicitors have been protecting and supporting clients for 150 years, and enjoys a reputation nationwide for trusted legal advice. We are specialists in work related back injury compensation claims, having successfully represented employees who have been injured across a range of industries.

Bartletts Solicitors handle accident at work claims on a no win no fee basis, meaning that you will not have to pay any legal fees until you win your claim and receive your compensation, and will not have to pay anything if your claim is unsuccessful. Since a change in the law in April 2013, all law firms now charge a success fee payable upon conclusion of successful work accident claims, calculated as a percentage of the damages awarded. Contact our specialist team today for free and confidential legal advice.

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