Neck injuries are one of the most common accident at work claims filed against employers. This type of injury can lead to musculoskeletal issues and could have a negative impact on other parts of your body which includes your lower and upper limbs as well as your back. If you suffered a neck injury in an accident at work, you may be entitled to file for compensation from a negligent employer.
To find out whether you can sue your employer for compensation for a neck injury suffered at work and what evidence would be required to prove your case, please read on.
- The Definition of a Neck Injury
- What Neck Injury Compensation Could I Be Awarded?
- How Do I Start a Neck Injury at Work Claim Against an Employer?
- Can I Claim Neck Injury Compensation if the Accident Was Caused by a Fellow Employee?
- Do I Have the Right to Sue an Employer for a Neck Injury?
- Do I Have Worker’s Rights After an Accident at Work That Left Me With a Neck Injury?
- Does An Employer Have a Duty Towards Employees in the Workplace?
- Is There a Time Limit to Filing a Neck Injury at Work Claim?
- Could I Be Fired For Filing a Neck Injury at Work Claim Against My Employer?
- What Advantages are There to Having an Accident at Work Solicitor Represent Me?
- Informative Links
The Definition of a Neck Injury
Sustaining any sort of injury to the neck can result in many other parts of the body being negatively impacted. Not only is this type of injury excruciatingly painful, it can be catastrophic too. The parts of your body that could be impacted would include the following:
- Your spine
- Your muscles, tendons, ligaments and cartilage
- Your upper and lower limbs
A lot of research has been done into how a neck injury can lead to you suffering from other things like:
- Depression
- Anxiety
If you do develop either of the above as a result of having suffered a neck injury in an accident at work, it can have a negative impact on your outlook on life. As such, it is essential that a neck injury be assessed by a medical professional to determine the following:
- Whether the injury you sustained to your neck is minor, resulting in pain, numbness and discomfort which often means that you have sustained soft tissue, muscle, ligament and tendon damage to the neck
- Whether you sustained moderate damage to your neck which as a result means you suffered prolapsed discs. This can lead to ongoing pain and permanent damage to your neck
- Whether you suffered an extremely severe injury to your neck resulting in damage to your spine. This type of neck injury could mean you suffer partial or full paralysis
Should you have been involved in an accident at work in which you suffered a neck injury, you must seek medical attention as a matter of urgency. The reason being that even if you sustain minor damage to the neck, this type of injury could become a lot more serious a litter further down the line. Once you have sought medical attention, the next step is to contact a solicitor at accidentclaims.co.uk who would assess whether you could claim compensation from an employer by filing an accident at work claim against them.
What Neck Injury Compensation Could I Be Awarded?
When it comes to calculating the amount of neck injury compensation you could receive, there are several things that would be taken into account. These are as follows:
- The severity of the neck injury you sustained
- The complexity of your case
- Whether your injuries are life-changing
Compensation is based on amounts that are published in the Judicial College guidelines which are as follows:
- For a severe neck injury that involves “permanent spastic quadriparesis” or “incomplete paraplegia” which result is no or little movement of the neck and constant severe headaches, the amount of compensation that could be awarded would be between £118,240 and £130,060
- For a serious neck fracture or where damage to the cervical spine disc has occurred which leads to disability, the amount of compensation that could be awarded would be between £57,620 and £114,810
- For a dislocation, fracture or severe damage to soft tissues which leads to significant or permanent disability, the amount of compensation awarded could be between £39,870 and £49,090
- For a moderate fracture or a dislocation where the symptoms cause a spinal fusion, the amount of compensation that could be awarded would be between £21,910 and £33,750
- For lesions of discs and soft tissue damage where cervical spondylosis is an issue, the amount of compensation that could be awarded would be between £12,050 and £21,910
- For minor soft tissue damage, the amount of compensation that could be awarded would be between 6,920 and £12,050
- For neck injuries where recovery is achieved in about 1 to 2 years, the amount of compensation that could be awarded would be between £3,810 and £6,920
- For neck injuries where full recovery is expected within 3 months to 12 months, the amount of compensation that could be awarded would be between £2,150 and £3,810
- For neck injuries where a full recovery is expected within 3 months, the amount of compensation that could be awarded would be up to £2,150
The amounts provided above are awarded in “general damages” and as previously mentioned are based on the Judicial College Guidelines. However, on top of “general damages”, you would be awarded special damages for all the out of pocket expenses you had to pay out as a direct result of having suffered a neck injury in an accident at work. This would include the following:
- Your loss of earnings
- Any loss of future earnings should your neck injury prevent you from working again
- Your travel expenses getting to and from a medical facility to receive treatment whether you get there by car, taxi, bus or train
- Your medical expenses which would include prescriptions and ongoing treatment and therapies as well as medical aids
- Care costs
- Home and vehicle adaptations
You would need to provide all the relevant receipts as these would be required as proof of your expenditure and to calculate how much in the way of special damages you would receive.
How Do I Start a Neck Injury at Work Claim Against an Employer?
If you suffer any sort of injury to your neck at work, you have the right to file an accident at work claim to seek compensation for the distress, pain and suffering you may have had to endure. Because these claims can be complex, you should seek advice from a solicitor at accidentclaims.co.uk before doing anything else, more especially if an employer does not accept liability. You would be asked to provide as much evidence as you can relating to the workplace accident that left you with an injury to the neck. This would include the following:
- A report of the accident as detailed in an Accident Book or other official means
- A medical report detailing the extent of the neck injuries you sustained
- Witness statements together with their contact details
- If available, CCTV footage of the incident – your employer is obliged to provide you with this in a timely manner
- Photos of where the workplace accident occurred
- Photos of the injuries you suffered
The more evidence you have regarding the workplace accident and the injuries you sustained, the stronger your accident at work claim against an employer would be. It also means that a solicitor would agree to work on your case by offering you No Win No Fee terms.
Can I Claim Neck Injury Compensation if the Accident Was Caused by a Fellow Employee?
If the workplace accident that left you suffering from a neck injury was caused by a fellow employee, you could still file for compensation from your employer. The reason being that your employer is responsible for the actions of all the people who work for them. This is referred to in law as “vicarious liability”. As such, you should seek legal advice from a solicitor who would assess your claim in an initial, no obligation consultation which is typically free of charge. Once satisfied that your employer could be deemed liable for the neck injury you sustained at work, they would then recommend on how best to proceed.
Do I Have the Right to Sue an Employer for a Neck Injury?
You have the right to seek compensation if you suffered a neck injury at work due to employer negligence. An employer cannot prevent you from filing an accident at work claim against them and if they treat you unfairly or detrimentally, your employer would be in breach of the law. As such, you could be entitled to seek further compensation by filing other claims against your employer.
If your neck injury is minor, it could still mean that you are unable to work for a period of time. If the injury to your neck is extremely severe, you may not be able to work again. This could lead to you and your loved ones under a lot of financial hardship and unable to pay monthly outgoings and bills.
When you file for compensation from a negligent employer, it is their liability insurance provider who deals with your case. It is compulsory for employers in the UK to hold valid liability insurance that meets the legal requirement of £5 million and if they do not, they would be subject to hefty fines being levied against them by the enforcing authority. As such, when you are awarded neck injury at work compensation it is not your employer who pays you the amount but the insurance company with 95% of personal injury claims being settled out of court.
Do I Have Worker’s Rights After an Accident at Work That Left Me With a Neck Injury?
Your worker’s rights are protected in the UK and this includes if you suffer any sort of injury in a workplace accident. Part of your “rights” after being injured at work are detailed below:
- To seek compensation from a negligent employer following an accident at work that left you suffering from a neck injury
- That your job is secure if you file a work-related personal injury claim against your employer
If an employer threatens you or makes your working life difficult after an accident at work that left you with an injury to your neck, you should contact a solicitor at accidentclaims.co.uk because your employer would be acting unlawfully against you. As such, a solicitor would assess whether this would entitle you to seek further compensation against your employer.
Does An Employer Have a Duty Towards Employees in the Workplace?
Your employer is legally required to ensure that a work environment is safe and they must regularly carry out risk assessments to identify any hazards that may be present. If an employer fails in their “duty” to keep you safe from harm and you sustain a neck injury in an accident at work, they would be deemed liable and as such you could seek compensation from them for the distress, pain, suffering and any loss of earnings you may incur. Your employer is obliged to ensure the following:
- That you and your fellow employees are adequately trained to carry out the jobs you are asked to do as safely as possible
- That personal protective equipment is readily available, kept in good condition and correctly stored
- That everyone in the workplace is provided with detailed working procedures and practices
- That all the equipment, machinery and tools are maintained in good working order and routinely serviced as per a manufacturer’s recommendations
- That all reasonable measures have been set in place to ensure the safety of all employees and visitors to a work environment
As previously mentioned, if an employer chooses to ignore Health and Safety Executive regulations and other laws that protect you in the workplace, you could seek compensation by filing an accident at work claim if as a consequence you suffer a neck injury at work. If this is the case, you should contact a solicitor who would offer essential advice on what steps you should take to begin a claim against a negligent employer.
Is There a Time Limit to Filing a Neck Injury at Work Claim?
If you suffer a neck injury at work and would like to seek compensation for the distress, pain and suffering you had to endure, the time limit is set at 3 years from the date you suffered the injury to your neck. However, the deadline may begin at different times which is explained as follows:
- 3 years from the date you suffered neck injury at work
- 3 years from the date a doctor diagnoses you as suffering from some sort of medical condition they can directly connect to the neck injury you sustained in the accident at work
- 3 years from the day you turn 18 if the workplace accident occurred before this date. As such you could file a neck injury at work claim up until your 21st birthday
Could I Be Fired For Filing a Neck Injury at Work Claim Against My Employer?
If an employer fires you because you suffered a neck injury at work and decide to seek compensation from them, you should contact a legal expert because your employer would be in breach of the law. You have the right to file for compensation from an employer who could be negligent in their duty to ensure that you are kept safe from harm whilst at work. Should your employer threaten you in any way or they try to intimidate you by saying you could be made redundant for filing an accident at work claim against them, it could entitle you to seek further compensation from them. As such, you should contact a lawyer who specialises in employment law prior to doing anything else which includes resigning unless your employer makes it impossible to remain in your job.
What Advantages are There to Having an Accident at Work Solicitor Represent Me?
There are many benefits and advantages to contacting a solicitor if you suffer a neck injury at work and choose to seek compensation from an employer. Should your employer deny liability, an accident at work lawyer would investigate their claim and would work hard to ensure that they admit responsibility for the neck injury you sustained. If the accident was caused by a fellow employee, a solicitor would ensure that an employer accepts they are responsible which is covered by vicarious liability legislation.
Other benefits and advantages of having legal representation when filing a neck injury at work claim against an employer would include the following:
- An accident at work solicitor would offer you a free, initial, no obligation consultation which allows them to determine whether your claim against an employer would be valid
- Once a solicitor is happy that you have a strong claim against your employer, they would offer to work on your case on a No Win No Fee basis which means you would not have the worry of costly fees associated with legal representation
- Accident at work solicitors have the legal expertise required to communicate with both employers and their liability insurance providers
- They are aware of the pre-action protocols and time limits associated with work-related personal injury claims
- A solicitor would ensure that your injuries are assessed by an independent consultant or specialist and the medical report they produce would be used to calculate the level of compensation you could be entitled to receive
- A solicitor would let you know at the earliest convenience of the amount you may be awarded
- Accident at work lawyers can access legal libraries and therefore can base you neck injury claim on past successful cases
- Should your neck injury be severe/life changing and therefore your case more complex, the solicitor would make sure that interim payments are paid to you to avoid any financial hardship
- Should you require ongoing, long-term therapy/treatment, the solicitor would make sure that the cost is included in the neck injury compensation you are awarded
- The only time you would have to pay for the legal advice and representation that an accident at work solicitor provides is when you are awarded the compensation you seek and the amount which is known as the “success fee” is taken from the money you receive
Should you lose your neck injury at work claim against an employer, the success fee would be waived because the accident at work solicitor who represented you, agreed to work on your claim on a No Win No Fee basis.
Informative Links
If you would like more information regarding vicarious liability and what it means for your employer, please follow the link provided below which takes you to the ACAS website:
More information about vicarious liability and what it means
For more information regarding your employer’s responsibility towards you and your fellow employees, please click on the link provided below:
An employer’s responsibilities in the workplace
If you suffered a neck injury at work and would like more information on reportable incidents and workplace injuries, please follow the link below:
More information on reportable workplace incidents and injuries