Common back and neck injuries
Back and neck injuries can range from minor soft tissue strains to serious spinal injuries that cause long-term pain, reduced mobility, or permanent disability.
If your injury was caused by another party’s negligence, you may be entitled to bring a back and neck injury claim.
Back injuries
Slipped disc (herniated disc or disc prolapse)
A slipped disc occurs when one of the discs between the vertebrae protrudes and places pressure on nearby nerves.
This can cause back pain, numbness, tingling, weakness, and pain radiating into the arms or legs.
Slipped disc injuries commonly arise following workplace accidents, manual handling incidents, road traffic accidents, or falls.
Sacroiliac joint dysfunction
The sacroiliac joints connect the spine to the pelvis.
Injury or dysfunction affecting these joints may cause persistent lower back pain, stiffness, and difficulty walking or standing.
These injuries frequently occur following falls, lifting injuries, or road traffic accidents.
Spondylolysis
Spondylolysis is a stress fracture affecting part of the vertebra, most commonly in the lower back.
It may develop following repetitive strain, sporting activities, manual work, or traumatic accidents involving the spine.
Neck injuries
Whiplash
Whiplash is one of the most common neck injuries and usually results from the rapid back-and-forth movement of the head during a road traffic accident.
Symptoms commonly include neck pain, stiffness, headaches, reduced movement, dizziness, and shoulder pain.
Slipped disc in the neck (cervical disc prolapse)
A slipped disc affecting the cervical spine can compress nerves, causing neck pain together with numbness, tingling, weakness, or pain extending into the shoulders, arms, or hands.
Cervical sprains and strains
These injuries involve damage to the muscles, tendons, or ligaments supporting the neck.
They commonly result from sudden movement, heavy lifting, sporting injuries, workplace accidents, or road traffic collisions.
If you have suffered a back or neck injury because of an accident that was not your fault, our experienced personal injury solicitors can advise you on whether you may be entitled to compensation.
Causes of back and neck injuries
Back and neck injuries can occur in many different circumstances.
Some of the most common causes include:
Road traffic accidents
Road traffic collisions are one of the leading causes of serious back and neck injuries.
Common examples include:
- Car accidents.
- Motorcycle accidents.
- Bicycle accidents.
- Pedestrian accidents.
- Rear end collisions causing whiplash injuries.
Workplace accidents
Many back and neck injuries occur in the workplace due to unsafe working practices or inadequate training.
Examples include:
- Manual handling and lifting injuries.
- Falls from height.
- Slips, trips, and falls.
- Machinery accidents.
- Repetitive strain injuries.
- Poor workstation ergonomics.
Accidents in public places
Unsafe public environments may also give rise to back and neck injury claims.
Examples include:
- Slips and falls.
- Uneven pavements.
- Wet floors.
- Poorly maintained walkways.
- Public transport accidents.
- Accidents in parks or recreational facilities.
Every case is different.
Our solicitors can assess the circumstances of your accident and advise whether you have grounds to pursue a back and neck injury claim.
Back and neck injury claim process
1. Contact our solicitor
Our experienced back and neck injury claim solicitors will assess your case, explain your legal options, and guide you through every stage of the claims process.
2. Submit your claim to the Injuries Resolution Board (IRB)
Most back and neck injury claims arising from road traffic accidents, workplace accidents, and accidents in public places must first be submitted to the Injuries Resolution Board (IRB).
Medical negligence claims are generally excluded from the IRB process.
3. Gather medical evidence and supporting documents
Your solicitor will obtain the evidence required to support your claim, including:
- Medical records.
- GP and hospital reports.
- Consultant orthopaedic or spinal specialist reports where required.
- Details of financial losses, including medical expenses and loss of earnings.
- Witness statements and accident reports where available.
4. IRB assessment and defendant’s consent
Once your application is submitted, the IRB will notify the defendant.
The defendant has 90 days to consent to the IRB assessing the claim.
If consent is provided, the IRB will assess compensation using the Personal Injuries Guidelines.
If consent is refused, the IRB will issue an Authorisation allowing court proceedings to be commenced.
5. Claim assessment and settlement
The IRB assessment process generally takes about 9 months, though this may vary depending on the complexity of the claim.
If either party rejects the assessment, your solicitor can issue court proceedings and continue pursuing your back and neck injury claim through the courts.
Statute of limitations
In most cases, you have two years from:
- The date of the accident; or
- The date of knowledge that your injury resulted from another party’s negligence.
Different limitation periods apply to children. If you believe you may have a back and neck injury claim, it is advisable to seek legal advice as early as possible.
Frequently Asked Questions
Can I claim for a slipped disc caused by manual handling at work?
Yes. If your employer failed to provide appropriate manual handling training, carry out a risk assessment, or provide suitable lifting equipment, you may be entitled to bring a workplace injury claim.
Medical evidence linking the slipped disc to your work activities will usually be required.
What is the difference between a cervical sprain and whiplash?
Whiplash describes the mechanism of injury caused by the rapid movement of the head, while a cervical sprain or strain refers to the damage caused to the muscles, tendons, or ligaments in the neck.
Medical evidence will identify the specific injury and help determine the appropriate compensation.
Will a pre-existing back condition prevent me from making a back and neck injury claim?
No. A pre-existing condition does not automatically prevent a claim.
If an accident significantly aggravated or accelerated an existing back condition, compensation may be awarded for the additional injury caused by the accident.
Can I make a back and neck injury claim if my back pain developed several days after the accident?
Yes. It is common for back and neck symptoms to develop or worsen in the days following an accident.
As long as medical evidence links your symptoms to the accident, you may still have a valid claim.
How is compensation assessed where I already had back problems?
The court will generally compare your condition before and after the accident.
Compensation for a back and neck injury claim is awarded for any worsening of your condition that was caused by the accident, rather than for the underlying condition itself.
