Free Supermarket Accident Claim Assessment Free Supermarket Accident Claim Assessment

Work Related Back Pain Claim

Work Related Back Pain

Accurately calculating how many people take time off each year due to work related back pain is practically impossible, as the Health Service Executive only record injuries which result in an absence from the workplace in excess of three days. Many people suffering from the effects of work related back pain may occasionally take a day or two off when the pain becomes intense, but often it is the case that they are unaware that that the cause of their condition is their working environment, and that they are able to make a work related back pain claim when the physical suffering they experience is attributable to an employer´s negligence.

From the figures which are collated, it is clear to see that the major cause of work related back pain is injury from lifting, carrying or manual handling. In 2009/2010, more than 35,000 people suffered work related back pain due to a lifting, carrying or manual handling injury, with more than ten per cent of these suffering some form of permanently debilitating condition. The other major contributor to work related back pain was a lack of ergonomics in the office — with many thousands of people sustaining work related back pain injuries due to poorly-positioned display screen equipment or a lack of information on how staff should arrange their workstations to prevent work related back pain.

Responsibility for Preventing Work Related Back Pain Injuries

An employer is at all times responsible for preventing work related back pain injuries, even when the task is delegated to a department supervisor or health and safety officer. They have to be aware of the implications of the Manual Handling Operation Regulations (1992), Display Screen Equipment Regulations (1992) and any other Acts which may be applicable to their industry to prevent work related back pain injuries.

Areas of their responsibilities include preparing a risk assessment to ascertain the threat of work related back pain, providing and maintaining adequate equipment to reduce the necessity of manual handling, and training staff on how to organise their workstations to eliminate the potential of work related back pain. Ignorance of the regulations or failing to apply them makes an employer the liable party in any work related back pain claim should you sustain an injury at work.

Why a Medical Examination is Necessary in a Work Related Back Pain Claim

As with all work injury claims, it has to be shown in a work related back pain claim that there is a connection between your injury and your employer´s negligence. Therefore it is important that you visit your local doctor as soon as you develop a work related back pain to have your injury diagnosed and related to the conditions in which you work. Although your doctor will recommend rest to enable the tendons and soft tissues causing the pain to recover, he will also recommend that you refrain in future from performing the actions which are causing the back pain.

Whether you choose to make a work related back pain claim or not, on your return to work, you will have to advise your employer that he has to make changes in your work practice to accommodate your physical condition. Should he fail to do so, you are just going to suffer from work related back pain again, which is why many people decide to consult a solicitor about making a working related back pain claim — not just for the financial compensation they are entitled to for their pain and suffering, but also so they can continue working but in a safe environment.

Potential Issues With a Work Related Back Pain Claim

There are many potential issues with a work related back pain claim and many of them will depend on your personal circumstances and the industry in which you are employed. Some of the general ones include:-

  • Your Employment Status — If you are self-employed, a temporary employee or an agency worker, you are still entitled to make a work related back pain claim, but the liable party may not be your direct employer.
  • Contributory Negligence — If you have been provided with all the necessary tools and instruction to avoid work related back pain and have chosen not to use them correctly, your employer is still partly liable for your injury by failing to monitor your performance.
  • Multiple Employers — As work related back pain can be acquired over many years of performing the same task, more than one employer may be liable in your work related back pain claim — or one or more may now be out of business
  • Non-Anatomical Injury — No all injuries can be diagnosed due to their non-anatomical nature. Work injury solicitors are familiar with this phenomenon, and will still be able to construct a work related back pain claim if this type of injury is diagnosed.

Free Work Related Back Pain Claim Advice

If you are suffering from back pains, which you believe are related to your work and attributable to your employer´s negligence, you are invited to call out free work injury claim advice service between 8.00am and 10.00pm seven days a week. Our service will enable you to discuss your work related back pain claim with an experienced work injury solicitor and determine the best course of action.

All calls to our free work injury claim advice service are totally confidential, and you are under no obligation to proceed with a work related back pain claim once we have spoke with us. We understand the debilitating nature of a work related back pain injury, and will quickly and helpfully advise you about your entitlement to compensation and how to make a work related back pain claim.