How much muscle injury compensation will I be able to claim? I strained muscles in my back while performing heavy lifting, leaving me unable to work for two months. My employer has accepted liability, and I have been offered £5,000 compensation. Is this fair?
The amount of muscle injury compensation to which you may be entitled will depend upon the specific circumstances of your own claim. No two accidents and injuries are identical, and therefore no two compensation amounts will be the same. Because of this you are advised to consult a personal injury* solicitor in order to determine whether your offer of £5,000 is adequate. Your solicitor will be able to establish the amount of compensation that you can claim, which will factor in the following elements.
First there are general damages that provide compensation for your injuries, their severity and whether they are permanent. This figure will then be adjusted in order to take your age, gender and state of health prior to the accident into account. For instance — a young, healthy female will be entitled to more compensation than an older male who has smoked for thirty years.
Special damages will compensate for any expenses which you incurred as a result of your accident. This can include medical expenses, the cost of alternative transport if you have been unable to drive and the price of refitting your home in some cases. You should also be entitled to claim compensation for any income you have lost due to the two months of work you have missed.
Your muscle injury compensation will include loss of amenity, which provides damages for any deterioration you have suffered in your quality of life. This may include compensation for being unable to perform everyday tasks — for example, picking up your children from school — and for the inability to participate in leisure activities — for instance, if you enjoy playing tennis but can no longer do so because of your back injury.
Finally there is psychological damage caused by your accident and injury. This could have been sustained due to the nature of the accident itself or because of depression or anxiety while in recovery. This must first be verified by a qualified psychiatrist before it can be compensated.
After taking these elements into account, your solicitor can determine whether your compensation of £5,000 is adequate. As previously mentioned no two claims are identical, and as a result the specific details of your claim should be analysed by your solicitor. As a claim may take some time to fully comprehend, you are advised to consult a solicitor at the earliest opportunity if you believe you have a valid claim for muscle injury compensation.