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Blackwater Law are frequently contacted by individuals who have suffered a back injury and are seeking back injury compensation as a result. This article highlights some of the key causes of back injuries and how they may occur.
The human back covers a large surface area and is responsible for enabling movement across a number of limbs as well as compromising the spine, the spinal cord and several muscle groups. Unfortunately given the large area, the potential for injury is great and, in some instances, can have a massive debilitating impact on life. Here we outline some of the key types of back injury claims.
Back injury claims may occur due to an accident at work. Employers have an obligation to protect their employees so far as reasonably possible under the Management of Health and Safety at Work Regulations 1999, however accidents still occur. In certain industries employees have to manually handle heavy objects, such as those working in the construction or building industries. The Health and Safety Executive has compiled extensive guidance to ensure that the risk of back injuries occurring is minimised however if these steps are not followed the risk of injury increases and employees who find themselves suffering from a back injury may be entitled to seek back injury compensation payouts should the employer have been negligent. This includes instances where employees have not been given sufficient training, supervision or the correct equipment in order to complete their job safely. In addition, employers have a responsibility to protect individuals who are known to have an existing condition whereby certain equipment may exacerbate this.
A back injury claim may also arise from instances where an individual has slipped, tripped or fallen due to negligence of an organisation or local authority. This includes situations such as an individual falling due to broken railings, inadequate signage or a spill that has not been cleared or indicated in a prompt manner.
In other instances, a back injury compensation claim may be driven due to medical negligence where doctors, clinicians and other healthcare professionals have failed to identify, diagnose or treat back problems in the correct manner. This could lead to a new back injury occurring or increase the amount of pain and intensity that the individual experiences.
Back injuries can therefore arise for a number of reasons and in instances where negligence has played a part, it is important to seek the advice of a specialist medical negligence lawyer with experience in managing back injury claims. Each case needs to be managed and reviewed on an individual basis in order to ensure that the best outcome is achieved.