Herniated, prolapsed, bulging or slipped discs can be a very painful injury which could affect the neck or back. A disc injury can cause weakness, loss of sensation and pain in the neck, back and limbs. A slipped disc can severely restrict both your work and personal life. You may not be able to participate in hobbies, have to take time off work and be unable to carry out everyday activities. You could claim herniated disc compensation if your injury was caused by another party’s actions or inactions.
In this guide, we begin by examining what herniated discs are. Next, we look at when you could be eligible to claim compensation. We follow this by looking at the personal injury compensation claims process. Next, we look at how slipped disc compensation amounts may be calculated. We end our guide first by looking at how a No Win No Fee solicitor could help you, then finally include further resources.
Please get in touch with our team if you suffered a disc injury. A team member can assess whether you have good grounds to pursue compensation and if you do, connect you to one of our solicitors.
- Call us today on 0800 073 8801.
- Start a claim online for a disc injury.
- Use our live support to talk to an advisor.
Browse Our Guide
- What Are Herniated Disc Injuries?
- Can I Claim Herniated Disc Compensation?
- How Do I Claim Compensation For A Herniated Disc?
- Herniated Disc Compensation Amounts In The UK
- Claim Herniated Disc Compensation Using A No Win No Fee Solicitor
- Useful Resources About Making A Personal Injury Claim
What Are Herniated Disc Injuries?
The spine is made up of a series of vertebral bones. In between these are the spinal discs. The discs provide a soft cushion between the bones, allow nerves to come off the spine, absorb shock and provide stability.
A slipped, prolapsed, herniated or bulging disc is when one (or more) of these discs bulge outwards. They may be painful and could put pressure on nerves. This may cause weakness, pain and loss of sensation. A slipped disc will usually get better with gentle exercise, rest, anti-inflammatories and painkillers.
In some instances, stronger medication may be required to manage both pain and other symptoms. You may also be referred to a physiotherapist. Serious instances may require surgical intervention.
Symptoms of a slipped disc in the cervical spine or other part of the spine may include:
- Pain in the neck or back.
- Numbness, tingling or pain which extends through your shoulder, arm, hands, legs or feet.
- Difficulty bending or straightening your back/ neck.
- Weakness in the affected muscles or limb(s).
If you have suffered a slipped disc injury you could make a compensation claim. Please contact our team today for further information.
Can I Claim Herniated Disc Compensation?
You could make a herniated disc compensation claim if you were injured by a third party’s failure to adhere to a relevant duty of care. However, there are three criteria which your claim must meet. These criteria apply to the different types of claims discussed below. These criteria are that:
- The defendant had a duty of care to you.
- They breached this duty of care.
- You suffered a slipped disc as a result of this breach.
Below we look at examples how another party could have had a duty of care to you and how this may have been breached.
Road Traffic Accidents
All road users have a duty of care to each other. They must ensure that they use the roads in a way which does not put themselves or others in danger. Road users must adhere to the Road Traffic Act 1988 and The Highway Code.
Examples of how a road accident could cause slipped disc injuries could include:
- A lorry or HGV driver failing to pay attention to traffic approaching a junction. They may fail to break in time and crash into the back of a car, causing a slipped disc in the neck or back.
- A driver may not check their mirrors before changing lanes, striking a cyclist. This could cause a slipped disc as well as other injuries.
Accidents At Work
Your employer has a duty of care to ensure your safety in the workplace. They should take reasonable steps to ensure your welfare, health and safety. This duty is set by the Health and Safety at Work etc. Act 1974. The failure to comply with this (and any other relevant health and safety legislation) may constitute a breach in their duty of care.
Examples of prolapsed or slipped disc at work could include:
- Improper manual handling training. Your employer should provide instruction on safe manual handling operations, such as lifting and carrying objects. If you were not properly trained but expected to lift and carry objects, you could suffer a herniated disc by using improper technique.
- Falling from a height can also cause a slipped or herniated disc. The failure to put proper safety features in place or provide personal protective equipment when working at heights could lead to someone falling and suffering a slipped disc or bulging disc.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 sets out the duty of care that the occupier of a public space has. A public space may include parks, shopping centres, leisure facilities and other public areas. According to the OLA, the occupier is the party in control of the space. They must ensure that the space is reasonably safe to use for its intended purpose.
Examples of public liability accidents include:
- A slipped disc injury could happen in a public place where the occupier does not fix broken or damaged stairs. A customer in a shop may fall down the staircase and suffer a slipped disc.
- Failure to clean or signpost spillages on floors. A member of the public could suffer a back injury in a slip, trip and fall accident if a wet floor sign isn’t put up after mopping.
Medical Negligence
All medical professionals have a duty of care towards their patients. They must ensure that they meet expected treatment standards. The failure to do so may be considered medical negligence.
For example, a patient may present to their GP with the symptoms of a bulging disc. The failure of a GP to correctly diagnose the condition and provide relevant treatment could lead to the patient’s condition deteriorating.
Whether you suffered a slipped disc at work, in a car accident, due to medical negligence or in a public place, please contact our team.
How Do I Claim Compensation For A Herniated Disc?
There are steps which you can take in order to claim compensation for a slipped disc. The first thing to do before claiming slipped disc compensation is to ensure that you get medical care for your injury. It is important that you get medical care as soon as possible to ensure that you have the best possible chance for recovery.
In addition to taking care of your slipped disc injury, this will also start to create medical evidence. Evidence, such as medical records, is crucial to making a successful slipped disc injury claim.
Once you have received medical care, you can collect evidence such as:
- Asking for a copy of your medical records. You can request these from the NHS or from private healthcare providers.
- Photographs either of the scene of an accident or which show any visible injuries. A slipped or bulging disc may not be visible.
- Footage from CCTV or dashcam (or other available videos) which shows the accident taking place. Dash cam footage can help you to claim compensation for a herniated disc in a car accident.
- Reports of the accident either made in the workplace, a public place or police reports of a road traffic accident.
- Witness contact information so statements from anyone who saw the accident that caused the slipped or bulging disc can be collected later in the claims process.
Contacting a specialist solicitor can be one of the most crucial steps in claiming compensation for a slipped disc. A specialist solicitor can assist you with gathering evidence. Please contact our team today.
Herniated Disc Compensation Amounts In The UK
If you are considering claiming compensation, you may be wondering how much you are entitled to receive. This part of our guide examines the calculation of herniated disc compensation amounts.
Herniated disc compensation amounts are individually assessed and calculated. This means that there is no average compensation for a herniated disc. Each case is unique and assessed on its own merits.
You could be awarded two heads of loss. The first of these is general damages. It is awarded for the pain and suffering caused by the accident. General damages may be valued by using the Judicial College (JC) guidelines. The JC contains guideline amounts for different types of personal injury.
The second is called special damages. These compensate for financial losses. We will explore these in the subsequent section.
We look at examples of figures from the JC below. Please note that the first figure does not come from the JC. This is an example of general and special damages combined.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple and serious injuries. Figure includes special damages. | Serious up to severe | Compensation for general and special damages. | Up to £1,000,000 |
| Paralysis | A - Tetraplegia | The person may or may not be in pain. Damages may take life-expectancy into account. | £396,140 to £493,000 |
| Paralysis | B - Paraplegia | A severe slipped disc injury could result in paraplegia. | £267,340 to £346,890 |
| Back injury | A - Severe (i) | Including spinal cord damages. | £111,150 to £196,450 |
| Back injury | A - Severe (iii) | Disc lesions, fractures or damage to vertebral bodies. | £47,320 to £85,100 |
| Neck injury | A - Severe (i) | Associated with incomplete paraplegia. | Around £181,020 |
| Neck injury | A - Severe (ii) | Serious damage to discs in the cervical spine. | £80,240 to £159,770 |
| Neck injury | A - Severe (iii) | Severe soft tissue damage leading to a chronic condition. | £55,500 to £68,330 |
| Neck injury | B - Moderate (i) | An injury causing immediate symptoms. May include chronic conditions. | £30,500 to £46,970 |
| Shoulder injury | A - Severe | A shoulder injury which is associated with a neck injury. There may be brachial plexus damage. | £23,430 to £58,610 |
Can I Claim For Loss of Earnings Caused By A Slipped Disc?
As outlined above, your slipped disc compensation amount may also include special damages. Special damages may be awarded for financial losses caused by your injury.
Examples of financial losses which special damages could compensate you for may include:
- Loss of earnings. You may have had to take time off work to recover from your slipped disc injury.
- Medical expenses. This could include the cost of physiotherapy, care in the home or prescription medication.
- Travel costs. This could include the cost of getting to a medical appointment.
You must submit evidence of these losses for them to be included in your bulging disc compensation claim. Evidence may include invoices for medical treatment or travel tickets.
Please contact our team for an assessment of and breakdown of bulging disc compensation payouts in the UK.
Claim Herniated Disc Compensation Using A No Win No Fee Solicitor
You may be able to claim compensation whether you suffered a serious neck injury, shoulder injury or back injury due to a slipped disc.
If you choose to work with one of our personal injury solicitors they could do so on a No Win No Fee basis. To do so, they will offer you a Conditional Fee Agreement (CFA). This allows the personal injury lawyer to provide services without you having to pay until the end of the claims process. And you will only have to pay a success fee if your claim wins.
You will pay a success fee if you win your prolapsed or herniated disc claim. If you do not win your claim, there is nothing to pay for work carried out on your slipped disc injury claim. The success fee will be taken from the compensation awarded to you. Furthermore, the percentage is capped by a legislative limit.
Herniated, bulging or slipped discs could leave you in severe pain. If you meet our eligibility criteria, one of our No Win No Fee solicitors could help you. As well as providing services on a No Win No Fee basis, they can bring expertise and experience.
Please contact our team for advice on how to claim herniated disc compensation.
- Phone an advisor on 0800 073 8801.
- Start the claims process by using our online form.
- Talk to an advisor using the live support below.
Useful Resources About Making A Personal Injury Claim
In this final part of our guide we have included resources related to making a slipped disc injury claim. You can find guides from both our site and from trusted external resources.
- Find out how much compensation you could get for a back injury in this guide.
- Check how much compensation for a fractured vertebrae you could claim in this guide.
- Find out what percentage a personal injury solicitor may charge for No Win No Fee claims here.
Information related to disc injuries.
- Find out more about neck pain in this NHS guide.
- Find out how Statutory Sick Pay is calculated in this guide.
- Advise on general safety and injury prevention from the Royal Society for the Prevention of Accidents.
Thank you for reading our guide to herniated disc compensation claims. Please contact our team if you suffered a slipped disc injury and would like to find out if you can claim compensation.
