Can I Claim Compensation For Work Related Neck Pain?

Neck pain effects up to 50% of people at some point during their working lives, and disproportionately more women than men. Office working conditions are to blame for neck pain becoming increasingly prevalent among young people in their 20's and 30's. Office jobs often involve long sedentary hours in front of a computer screen or workbench, with insufficient breaks and stressful working conditions. This combination of factors means that muscles in the neck are kept in a constant state of tension, while the spine does not maintain its natural curve, causing further strain on the upper body. Workstation ergonomics are of critical importance in preventing neck pain, including the position of a computer monitor, the height of an office chair, and the type of mouse being used. Neck pain may also be symptomatic of an underlying condition such as osteoarthritis or a herniated vertebral disk putting pressure on nerve roots. It is essential that employers carry our risk assessments of working conditions, and make the necessary changes accordingly. Arthritis for example is an irreversible condition which may cause long-term pain, suffering and immobility.

The other major causes of neck pain at work are heavy or repetitive lifting, and similar tasks such as carrying, pushing and pulling. The Manual Handling Operations Regulations 1992 state that work of this kind should be avoided and mechanised wherever possible. When unavoidable, individual lifting tasks must be comprehensively risk assessed. There are also detailed legal requirements regarding the maximum weights that can be lifted and carried at various distances from the body. Neck pain may develop instantaneously if a muscle is torn in the neck or shoulder, or else may be caused by a gradual degeneration of the body's soft tissues over time. Neck pain may also result from a fall from height, or a simple slip, trip or fall. Often a fall will have a similar effect to whiplash from a car accident, causing a sudden jerk which strains muscles, tendons and ligaments in the neck. This can result in conditions such as chronic neck pain and torticollis (twisted neck).

It is essential that neck pain at work is addressed immediately due to the variety and potential severity of the underlying injuries which may be causing it. In the most severe cases a fractured vertebrae may damage the spinal cord, and lead to complete loss of movement and sensation in the body below the neck (quadriplegia). Compensation for neck pain and associated injuries depends much on an injured person's recovery time and the long-term effects it has on their life. Damages will reflect pain and suffering, as well as all the financial expenses that result from the injury, including loss of earnings and medical costs. Where neck pain is the direct result of an injury sustained in the workplace, it will necessary to prove that the employer was negligent (most likely due to their failure to adhere to health and safety regulations), and this negligence created circumstances in which an injury was reasonably foreseeable. Those suffering from neck pain caused by working conditions should contact a specialist firm of solicitors for advice on how best to proceed. Solicitors normally offer a free confidential consultation, as well as no win no fee representation in claims for compensation from employers.