Back Injury Claim
A back injury claim in Ireland involves seeking compensation for injuries sustained to the back due to various circumstances.
The severity of the injury and its impact on the claimants life determine the compensation amount.
A back injury claim considers factors such as age, the nature of the injury, the need for medical treatment, the impact on work and quality of life, psychological effects, and prognosis.
Back injury claims range from the most severe, involving spinal cord damage, to minor sprains and strains.
Causes include workplace accidents, road traffic incidents, falls, sports injuries, medical negligence, assault, and defective products.
Types of back injuries and associated awards
Reference: Personal Injuries Guidelines
The Personal Injuries Guidelines outline various categories of back injuries, each with a corresponding range of potential compensation awards.
These categories are based on the severity and impact of the damage.
Its important to note that the awards mentioned are general ranges and may vary based on individual circumstances and specific case details.
1. Most severe back injuries (€150,000-€300,000)
This category includes cases where back injuries fall short of paralysis but involve damage to the spinal cord and nerve roots, resulting in severe pain and disability.
The injuries could lead to incomplete paralysis, impaired bladder and bowel function, and sexual function issues.
2. Severe and serious back injuries (€90,000-€140,000)
This category covers injuries that are less severe than the most severe category but have unique features that set them apart from lower brackets.
These features might include nerve root damage, loss of sensation, mobility impairment, bladder and bowel dysfunction, sexual function problems, depression, personality changes, addiction issues, work impact, and the potential for unsightly scarring.
3. Moderate back injuries (€35,000-€55,000)
This category encompasses a broad range of injuries resulting in residual disability of varying severity.
Examples include compression/crush fractures of lumbar vertebrae with a risk of osteoarthritis, traumatic spondylolisthesis requiring possible spinal fusion, prolapsed intervertebral discs needing surgery, and damage to intervertebral discs causing nerve root irritation and reduced mobility.
4. Less Severe back injuries (€20,000-€35,000)
This category includes injuries causing disturbance of ligaments and muscles, leading to pain and discomfort. It also covers soft tissue injuries that exacerbate pre-existing back conditions for a prolonged period (usually five years or more).
5. Minor back injuries (€500-€3,000 to €12,000-€20,000)
This bracket involves less serious sprains, strains, and soft tissue injuries.
The compensation amount varies based on the duration of recovery and the impact on the claimants life.
Recovery periods from six months to two years are considered, with corresponding compensation ranges.
Considerations affecting the level of award
Reference: Personal Injuries Guidelines
Various factors are considered when determining the compensation award for a back injury claim, as outlined in the Personal Injuries Guidelines. These factors include:
- Age: The claimant’s age can impact the severity of the injury’s impact on their future quality of life.
- Nature, severity, and duration of injury: The extent of physical and emotional suffering from the injury.
- Medical intervention and treatment: The type and extent of medical treatment required for recovery.
- Degenerative changes: Pre-existing or potential degenerative changes in the spine may affect recovery.
- Impact on work: The injury impacts the claimant’s ability to work and earn a livelihood.
- Quality of life and leisure activities: How the injury affects the claimant’s daily activities.
- Personal relationships: The injury impacts the claimants relationships with family and friends.
- Psychological sequelae: Any psychological effects, such as depression, resulting from the injury.
- Prognosis: The likelihood of future recovery or improvement.
Causes of back injury claims
Back injury claims in Ireland can result from various situations and accidents, including:
- Workplace accidents: Injuries sustained due to lifting heavy objects, slips, trips, and falls, or repetitive tasks that strain the back.
- Road traffic accidents: Back injuries can occur due to car accidents, especially rear-end collisions, where the force can impact the spine.
- Falls: Accidental falls, whether on public premises, private property, or uneven surfaces, can lead to back injuries.
- Sports and recreational activities: Participating without proper precautions can lead to back injuries.
- Medical negligence: Surgical errors, improper medical treatment, or misdiagnosis leading to back injuries can also give rise to claims.
- Assault or violence: Physical altercations or assaults can cause traumatic back injuries.
- Defective products: Back injuries may result from defective products, such as faulty chairs, car seats, or other furniture.
- Slips and trips: Slipping on wet floors or tripping over obstacles can lead to falls that cause back injuries.
Its important to note that each back injury claim is unique, and the circumstances surrounding the injury will significantly determine liability and potential compensation.
Please have a look with our back injury team for personalised advice and assistance tailored to your specific situation.
The back injury claim application process
1. Seek assistance from our back injury solicitor
Our team of experienced back injury solicitors is available to guide clients through making a back injury claim.
Utilising a solicitor can simplify the paperwork and filing required for this process.
2. Apply to the Injuries Resolution Board (IRB)
The next step is to apply to the Injuries Resolution Board (IRB).
If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through IRB.
Examples of claims that IRB covers include:
3. Provide necessary information and documents
Your solicitor will gather evidence, medical reports, and other expert reports and submit them to PIAB for assessment.
4. Obtain consent for claim assessment
Once the application is made, IRB will notify the defendant(s) and must indicate within 90 days if they consent to evaluate the claim.
If consent is given, PIAB will proceed with the assessment. If denied, PIAB will grant authorisation for court proceedings.
5. Claim assessment
The assessment process usually takes about 9 months. If both parties accept the IRB’s assessment, an order to pay will be issued, and the defendant(s) must be discharged within 10 days.
If rejected, an authorisation for court proceedings will be granted.
Statute of Limitations
You have two years from the date of the accident within which to issue proceedings.
If you are under 18, a separate set of rules applies, and we recommend that you contact our solicitors to discuss them.
To learn more about the statute of limitation for a back injury claim, click here.
Frequently Asked Questions
What types of back injuries can I claim compensation for in Ireland?
In Ireland, a wide range of back injuries can form the basis of a valid personal injury claim.
These include:
- Lumbar disc herniations or prolapses;
- Facet joint injuries; muscle and ligament strains (including those that become chronic);
- Vertebral fractures;
- Sacroiliac joint dysfunction; and
- Injuries to the thoracic spine.
The common requirement is that the injury must have been caused by an accident or incident for which another party was legally responsible, whether a negligent driver, an employer who failed to provide a safe working environment, or an occupier of premises who allowed a hazard to exist.
How does the 2021 Personal Injuries Guidelines affect the value of a back injury claim?
In Ireland, the Personal Injuries Guidelines 2021, published by the Judicial Council, replaced the Book of Quantum as the framework for assessing personal injury compensation.
For back injuries, the Guidelines set out specific bands depending on the nature of the injury, soft tissue strains, disc injuries with or without nerve involvement, and more serious structural injuries and the severity and duration of the symptoms.
Awards under the Guidelines can differ significantly from those that would have applied under the former Book of Quantum, and obtaining specialist legal advice on how the Guidelines apply to your specific injury is important.
Can I make a back injury claim if I was partly responsible for the accident?
In Ireland, you may still bring a back injury claim even if you were partly at fault for the accident.
Under section 34 of the Civil Liability Act 1961, the court will apportion liability between the parties and reduce your damages by the percentage of fault attributed to you.
This is known as contributory negligence.
For example, if you are found 25% responsible for an accident that caused your back injury, your compensation will be reduced by 25%.
Your solicitor can advise on how contributory negligence is likely to be assessed in your specific circumstances.
What medical evidence is required to support a back injury claim in Ireland?
In Ireland, a back injury claim is typically supported by:
- A report from your treating GP documenting your symptoms and treatment;
- An orthopaedic consultant’s report assessing the nature and severity of the injury;
- Imaging evidence (X-ray, MRI or CT scan) where indicated;
- Physiotherapy records; and, in more serious cases, a report from a neurosurgeon or pain management specialist.
The quality of the medical evidence is a key factor in assessing the claim, both under the PIRB process and in court proceedings.
Is a back injury claim processed differently if it results from a workplace accident?
In Ireland, a back injury claim arising from a workplace accident follows the same general legal route: PIRB application followed by court proceedings if necessary, but the legal basis is different.
Rather than relying solely on general negligence principles under the Civil Liability Act 1961, a workplace back injury claim may also rely on the employer’s specific duties under the Safety, Health and Welfare at Work Act 2005, including duties relating to manual handling, the provision of safe equipment, and the assessment of workplace risks.
Breaches of these specific statutory duties can strengthen the basis of your claim.
