Exacerbated back injury settles for over £5,000 in compensation

Back pain is one of the most common conditions, affecting most people at some time. Depending on how long the symptoms of pain last it may be classified as either ‘acute’ back pain, where the pain lasts less than six weeks, or ‘chronic’ back pain if the pain lasts for more than six weeks.

The NHS claims that in England, chronic back pain is the second most common cause of long-term disability after arthritis and, after stress, it is the leading cause of long-term work-related absence.

Employees returning to work with back pain need to take particular care not to exacerbate their injuries in case it develops into a more serious condition which could even result in not being able to work any more. This was the situation that faced one of our clients.

A deliveryman for one of the major retailers had a history of back problems over a three-year period and had already taken time off work to recover. On returning to work, his employer did not take any steps to change his duties, which involved lifting heavy household white goods, usually alone, into homes.

One day, whilst delivering a washing machine, he injured his back further and so badly that he was signed off work and has not been able to return.

He did attempt to go back to work following his back injury, but his employer should have considered giving him lighter duties or offered him a different position to ensure that his back injury was not exacerbated.

As this had not happened, his employer recognised their mistake and settled the claim out of court in excess of £5,000 in compensation.