Understandably, one of the first questions we receive from our clients is, ‘how much compensation will I receive?’ But how can anyone truly quantify the pain and suffering you have experienced?
How can the loss of a limb or your emotional well-being due an 
occupational injury be distilled down to a simple number?
In the UK, it is the Judicial College Guidelines (JCG) that define the recommend level of compensation depending on the nature of the injury and the losses incurred.
There are a range of factors which determine the relative amount of an award, including the type of injury, how severe it is, and how long you will need to recover fully.
General vs Special Damages
Before we delve into the specific compensation ranges for some of the more common injuries in the workplace, it is important to understand that a payout is made up of two components, general damages, and special damages. General damages refers to the pain, suffer, and loss of amenity (PSLA) due to the injury.
When assessing PSLA, certain factors will affect the quantum of any award, including:
- the injury itself
- extent and severity of the injury
- if there are multiple injuries
- physical pain caused by the injury including that incurred by any operation
- duration of symptoms
- degree of incapacity
- mental distress
- disfigurement or scars
- ability to resume hobbies including sport, DIY and gardening
Special damages, on the other hand, refers to the financial losses you have incurred, ranging from the cost any of additional physical or psychological treatment you have paid for (or will continue to pay), parking, hotel costs, adaptations to your home or car, or any special equipment you have purchased. Crucially, special damages will cover any loss of earnings so far, since your injury, and those it is believed you will need in the future, if you are unable to work.
Compensation ranges
The latest version of the Judicial College Guidelines, version 14, was released on 17th September 2017. The following is a sample of compensation ranges for some of the more common injuries:
Back injury
- Minor: up to £10,970
- Moderate: £10,970 to £34,000
- Severe: £34,000 to £141,150
Vibration White Finger Syndrome, or Hand Arm Vibration Syndrome (HAVS):
- Minor: £2,620 to £7,580
- Moderate: £7,580 to £14,690
- Serious: £14,690 to £27,740
- Most serious: £27,740 to £33,700
Upper limb disorders
- £1,930 to £20,280 (depending on extent of injury)
Psychiatric Damage (General)
- Less severe: £1,350 to £5,130
- Moderately severe: £5,130 to £16,720
- Moderate: £16,720 to £48,080
- Severe: £48,080 to £101,470
Complex Regional Pain Syndrome (CRPS)
- Moderate: £18,480 to £33,750
- Severe: £36,950 to £55,240
Examples of compensation awards
While it is useful to see the reference ranges issues by the Judicial College, this does not necessarily reflect the total amount of an award.
The following illustrates this point by outlining two recent cases.
Case 1: A worker who tripped over at work, suffering a ‘Lisfranc’ fracture to his right foot which developed into CRPS. He was awarded compensation as follows:
General Damages:
- Pain, suffering and loss of amenity (PSLA): £60,000;
- Future loss of earnings: £545,000;
- Future loss of pension: £25,000;
- Future care, treatment, aids and equipment costs: £590,000;
- Future accommodation costs: £180,000
Special Damages:
- Past loss of earnings: £67,000;
- Past care, treatment, aids and equipment costs: £33,000.
In this case, it is clear to see that the award for PSLA was only a very small part of the overall award. When past and future loss of earnings are included, and the cost of care, accommodation, treatment, equipment, and pensions, the total value was much higher.
Case 2: An employee fractured a toe while transporting a load using a sack truck, which fell onto his foot. He was awarded compensation as follows:
General Damages:
- Pain, suffering and loss of amenity (PSLA): £5,000
Special Damages:
- Breakdown of Special Damages: Past costs comprising the cost of travel, painkillers and damaged clothing: £105.
This case demonstrates the huge variability in compensation awards, especially when compared to the previous example. This individual was expected to recover fully from their injuries, although they did need seven weeks off work, and full recovery was expected to take seven months.
If you have suffered a workplace injury that was not your fault, you may also be eligible to make a claim for compensation. Doing so can help enormously to remove the additional stress and burden placed on you due to the injuries you have received.
At Russell Worth Solicitors we specialise in personal injury claims. If you have suffered a workplace injury and would like a free claim assessment, please call us now on 0800 028 2060 or complete our Online Claim Assessment.
