How To Prove A Back Injury At Work

If your back injury is severe, call an ambulance or get someone to call for you immediately. If the injury is less severe, your workplace should have a first aid kit and may have trained personnel who can help stabilise your condition. This immediate care can prevent the back injury from worsening.

If you’re able, report the incident to your supervisor or manager right away. If you are too injured to do so, have someone else report it for you. Ensure the incident is recorded in the workplace’s accident book, detailing the time, place, and nature of the incident. Include the names of any witnesses and describe any immediate actions taken, such as first aid.

Regardless of the severity of your back injury, it’s important to get seen by a medical professional as soon as possible. This helps document the extent of the injury and can provide a clear link between the accident at work and the injury.

Keep all records from your medical visits, including medical reports from A&E or your Doctor for the back injury, diagnostic test results (like any X-rays or MRI scans), treatment plans, and any prescribed medication. These documents will be important for proving your injury and its impact.

Medical records provide a professional assessment of your back injury and its severity. They also confirm what treatment you received, which can help establish the extent of your injury and its impact on your life.

The medical evidence you should gather to prove your back injury at work typically includes your:

• Initial medical evaluation. Documentation from your first visit to a healthcare professional after the back injury, including diagnoses, treatment plans, and prescribed medications.
• Follow-up appointments. Records of any subsequent medical visits, physical therapy sessions, and specialist consultations.
• Diagnostic tests. Results of X-rays, MRIs, CT scans, or other tests that confirm the nature and extent of your back injury.

Accident reports provide an official record of the incident at work, which can be vital in supporting your claim. They will include details about how and when the injury occurred.

Accident reports that can help prove a back injury at work happened might include:

• Workplace accident report. If you reported the accident as suggested above you’re legally entitled to request a copy of the report.
• Health and Safety Executive (HSE) report. If your employer reported the incident to the HSE who conducted an investigation, you can request a copy of the report by submitting a Freedom of Information (FOI) request.

Witness statements can corroborate your account of the incident, providing additional evidence to support your claim. As such, you should:

• Identify witnesses. Speak to colleagues or anyone else who saw the incident or was aware of any unsafe conditions leading up to it.
• Collect statements. Ask them to provide written statements detailing what they saw. Include their contact information and, if possible, have them sign and date their statements.

Visual evidence can vividly illustrate the conditions that led to your accident at work and the back injury itself.

Common types of visual evidence you can capture include photos/videos of:

• The accident scene. Take photos or videos and request CCTV recordings (if available) of the location in your workplace where the incident occurred, focusing on any hazards or unsafe conditions.
• The injury. Photograph any visible injuries, such as bruising, swelling or scarring, as soon as possible after the incident.
• The equipment or environment. If faulty equipment or poor workplace conditions such as a broken chair or a wet floor with no warning signs contributed to your injury, document these as well.

Including timestamps in your images or videos can also be very helpful, but it is not a requirement.

A diary provides a detailed, personal account of how your back injury affects your daily life. This can help demonstrate the ongoing impact of the injury. So, if you decide to write a diary you should record your pain levels, activities you struggle with, and any treatments or medications you use. Include notes on how the injury impacts both your work and your personal life.

You should also keep the diary regularly updated, ideally every day, to provide a continuous record of your condition.

You could ask your employer to arrange for an occupational health assessment. This assessment can offer a professional opinion on your fitness for work and any necessary changes or adjustments your employer could make to accommodate your injury.

You can then use the report to support your claim as it will demonstrate the extent of your back injury and its implications on your work capabilities, thereby supporting your need for compensation or adjustments to your working conditions.