Back Injury Claims in Ireland

Back injuries and accident circumstances

Back injuries may follow manual handling, a fall, a road collision or another accident. A diagnosis may range from a sprain or strain to a disc or spinal injury, but the diagnosis alone does not establish who was responsible or whether the accident caused every symptom.

For a workplace accident, the review should identify the task being performed, the load and equipment involved, the work area, training and supervision, relevant risk assessments, the method of work and any earlier symptoms or medical history.

The Health and Safety Authority states that where manual handling cannot be avoided, an employer must assess the working conditions and take measures to avoid or reduce the risk, particularly of back injury. A breach should not be assumed merely because an injury occurred.

Medical evidence and causation

Obtain medical advice appropriate to the symptoms and their severity. Medical evidence should record the onset of symptoms, the accident history given, examination findings, diagnosis, treatment, functional restrictions, absence from work and prognosis.

Where causation is disputed, earlier back symptoms and the clinician’s opinion on whether the accident caused, aggravated or was unrelated to the condition may be important. Imaging is relevant where clinically indicated, but a scan result does not by itself determine legal causation.

Accident evidence may include an incident report, photographs or CCTV, witness details, equipment information, risk assessments, manual-handling assessments, training records and the accounts given by those involved.

Is there a time limit?

Strict time limits apply. In many adult personal injury claims, the general limitation period is two years from the date on which the cause of action accrued or the date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other exceptions, so case-specific advice should be obtained without delay.

How is the evidence assessed?

A back injury claim is not assessed from the injury name alone. The evidence may address the severity and duration of the injury, treatment, prognosis, effect on work and ordinary activities, and documented financial loss.

The Personal Injuries Guidelines are used by the Injuries Resolution Board and the courts where applicable. No amount or outcome should be predicted without reviewing the medical, causation, liability and financial evidence.

The Injuries Resolution Board process

Personal injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer. An application ordinarily includes details of the accident and a medical report from a treating doctor.

The person or organisation alleged to be responsible is notified. Depending on the required consents and circumstances, the matter may proceed through assessment or mediation. Any assessment or proposed resolution should be considered in light of the complete evidence.

Records to preserve

Report the accident through the appropriate channel and keep a copy of the incident record where available. Preserve photographs, witness details, medical and treatment records, correspondence, payslips supporting any actual loss of earnings, and receipts for relevant expenses.

For workplace accidents, record the task, load, equipment, work area and instructions involved. For a road collision or public-place accident, preserve the corresponding vehicle, scene, insurance, witness and incident details.

See our workplace accident claims or road traffic accident claims pages for the relevant accident context. Our personal injury claims process page provides general procedural information, and the personal injury evidence guide gives a broader preservation checklist. You can also contact Lalloo Solicitors.

Legal costs and funding

Legal costs and outlays depend on the work and evidence required. Read legal costs in personal injury claims and No Win No Fee Explained. Any funding arrangement must be considered for the individual case and confirmed in writing.

Official information

• Health and Safety Authority — Manual handling
• HSE — Back pain
• Injuries Resolution Board — Making a claim
• Judicial Council — Personal Injuries Guidelines
• Irish Statute Book — Civil Liability and Courts Act 2004, section 7
• Irish Statute Book — Personal Injuries Assessment Board (Amendment) Act 2019, section 7