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Proving Back Injury at Work

Hi. I injured my back at work and had to get a discectomy but I am still doing physiotherapy at the age of nineteen. I don’t have a witness and I am scared I won’t be able to pay legal costs if I seek compensation. What are my options?

Back injury at work is a notoriously difficult complaint to prove as having resulted from work practices.  At least having gone through the medical treatment you have a team of medical experts in place who will be able to describe the injury in detail and will from their expert medical experience be able to give an opinion as to the likelihood of the injury having been caused by your work.

You will also need to be able to prove that you were not properly trained in lifting or moving whatever caused your back injury and this would have to be subject to an examination by a consulting engineer and an occupational therapist.

Yes, it is expensive but my suggestion is that you get an experienced Solicitor to take the case on a “no win, no fee” basis.  Last week we mentioned that Solicitors are not allowed to advertise “no win, no fee” but it doesn’t stop them taking it on at the request of a client who doesn’t have the funds to be able to seek fair redress. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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