I recently suffered a back muscle injury at work lifting a heavy box – however my employer says I was lifting incorrectly. Is compensation possible?
Whether you can claim compensation for a back muscle injury at work depends upon the circumstances surrounding your accident and injury. You are entitled to receive a duty of care from your employer, and should not expect to become involved in a back muscle accident at work. If it can be determined that your employer has been negligent in their duty of care, you may be entitled to compensation for back muscle injury. However this may depend on a number of differing factors, and to establish your eligibility to seek compensation you are advised to consult a personal injury lawyer at the earliest opportunity regarding your back muscle injury claim at work.
A back muscle injury at work claim could be possible if it is determined that your employer has been negligent towards your health and safety. Heavy lifting is something which should be avoided where possible in the workplace and – if required – assistance should be sought in order to avoid the possibility of a back muscle accident at work. It is also required for your employer to conduct a risk assessment before a task is performed in order to reduce the possibility of an injury occurring, and failure on behalf of your employer to perform this crucial step may make you entitled to receive compensation for back muscle injury. It should also be noted that a back muscle injury claim at work could be possible if your employer did not provide you with suitable training for heavy lifting.
However there is also the possibility that you may be partially liable for your own back muscle injury at work. This may be the situation if – for instance – your employer had provided you with suitable training regarding the lifting of heavy objects, and if you had sustained a back muscle accident at work due to failure to implement this training – and your employer had properly conducted a risk assessment – you may be held liable for your own injuries. It is also possible that your back muscle injury claim at work could be damaged if you failed to seek immediate medical attention for your injuries and instead chose to work through the pain – which resulted in your injuries deteriorating further. It may still be possible to seek compensation for back muscle injury in this circumstance – however the amount of compensation to which you may be entitled can be reduced in order to reflect your own negligence.
In order to determine your eligibility to claim compensation for back muscle injury, you are advised to consult a personal injury lawyer at the earliest opportunity. It should also be remembered that it is common for insurance companies to offer compensation to the victims of back muscle accident at work for which their policyholder is liable. However such offers are often made with the intention of saving money for the insurance company rather than ensuring that the victim receives a fair amount of compensation for their back muscle injury claim at work. Because of this, you are advised to first refer this offer to a personal injury lawyer, who upon examining the details of your accident and injury can establish the amount of compensation to which you may be entitled for your back muscle injury at work.