Your husband may be entitled to personal injury compensation, if his back injury occurred because of an employer’s negligence. Negligence is carelessness or neglect that can lead to someone suffering an accident and consequent injury. Personal injury claims are generally civil cases, and negligence in this context is not intended as an accusation of criminality.

The Management of Health and Safety at Work Regulations 1999 places a duty on employers to assess and manage risks to their employees arising from work activities. Negligence on the part of the employer could be attributed to inadequate training of their staff in the appropriate manual handling control measures; failing to maintain work equipment to health and safety standards; or failing to give employees sufficient rest-breaks for the type of work performed.

Nevertheless, back injuries can occur because of different types of accidents at work. For example:

  • Through slipping or tripping hazards
  • Repetitive tasks involving awkward body positioning
  • Through repeated heavy lifting
  • Tensions and stress at work
  • Due to falling machinery or other heavy objects

If your husband has been injured at work, and believes that his employer is responsible, then his best course of action would be to contact a specialist personal injury solicitor. They will be able to assess the viability of his claim, and explain the processes involved in taking legal action. It may be that your employer would be willing to settle out of court, and a solicitor can advise whether this outcome would be in your husband’s best interests. Your husband should act without delay, as there is a three-year time limitation, in which to bring a personal injury claim.

Legal aid is not generally available for personal injury cases; however, his solicitor may offer a no-win, no-fee arrangement, where he would not have to pay legal fees, should he lose his claim.

If your husband wins his claim for compensation, his award will consist of two parts. General damages are intended as compensation for the pain and suffering someone has undergone as a result of their injury, and as recompense for any loss of amenity. In addition, your husband may be awarded special damages, to compensate for any loss of earnings or extra medical and care costs.

Last Updated on 29/08/2011





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