Neck and back injuries

What constitutes neck and back injury?

Neck and back injuries occur in many forms and are one of the most common types of injury following an accident. Sometimes these involve bruises and strains of muscles and ligaments, which heal with rest and physiotherapy. In more serious cases, damage occurs to the spine itself. Common forms include:

• Hernia: a protrusion or tear of an intervertebral disc that can press on a nerve and cause radiating pain, tingling, or loss of strength in the arm or leg.
• Spinal injury: a fracture, bruise, or displacement of one or more vertebrae.
• Spinal cord damage: in the most severe case, paraplegia with permanent disability.
• Whiplash-related neck injury: overstretching of the neck after a sudden movement.
• Chronic pain: persistent pain symptoms that persist even after medical treatment.

The consequences vary widely, from temporary pain to permanent, severe limitations. We frequently see chronic pain and loss of working capacity, in particular.

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Symptoms, recovery and physiotherapy

Neck and back complaints have a major impact on daily life. Bending, lifting, sitting, or standing for long periods can suddenly become impossible. Common complaints include pain in the neck, back, or lower back, radiating pain to the arms or legs, tingling or numbness, stiffness, loss of strength, and poor sleep due to the pain.

Recovery varies from person to person. For milder complaints, rest, movement, and physiotherapy often help to recover within a few weeks to months. In the case of a herniated disc or spinal injury, a longer rehabilitation process may be necessary, sometimes involving surgery. Some people experience persistent symptoms and must learn to live with chronic pain. It is important that your treatments and the progression of your symptoms are properly documented so that it is clear which limitations are permanent.

Chronic pain is a persistent and often misunderstood complaint. The pain can persist even when imaging shows little or nothing, because the nervous system has become 'hypersensitive,' as it were. That does not make the pain any less real. A multidisciplinary rehabilitation program is sometimes used for treatment, working not only on strength and movement but also on learning to cope with pain and resuming daily activities. Keep in mind that a process involving chronic pain can take longer before the permanent situation becomes clear. Therefore, do not close your case too soon.

Liability depends on the cause

Whether you are entitled to compensation does not depend on the injury itself, but on the cause of the accident. Liability is determined by what happened and who is responsible for it.

If the injury was sustained in a collision, the party responsible for the traffic accident (and their insurer) is liable. Many back injuries occur at work, for example due to heavy lifting, a fall from a ladder, or an accident involving machinery; in such cases, your employer is usually liable, as they have an extensive duty of care to ensure a safe workplace. If you fell due to a defective situation, such as a loose paving stone, the owner or manager may be liable. We therefore always first determine who is responsible for payment. You can find an overview of the causes on our page about types of injuries.

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Previous back problems? You are stronger than you think

In cases of neck and back injuries, there is often a debate as to whether the symptoms are truly caused by the accident, especially if you already suffered from back pain prior to the accident. The insurer sometimes uses this to limit your compensation. However, an important principle applies in law: you must take the victim as they are. Even if you already had a weak spot or vulnerability, the person responsible is liable for the consequences caused or aggravated by the accident.

The question then is what part of your current complaints is due to the accident and what part would have been there anyway. A good advocate ensures that this demarcation is conducted fairly and that a prior vulnerability is not wrongly used as an excuse to reduce your damages. An independent medical expert is often called in for this purpose.

Also important is the distinction between complaints you already had and complaints that arose or were aggravated by the accident. Suppose you occasionally had a stiff back but were able to work and play sports normally, and since the accident you have been in continuous pain and can no longer lift; in that case, that aggravation is indeed a consequence of the accident. The insurer may not hold you accountable for a condition that would never have arisen without the accident. Thorough documentation, including your medical history and a clear picture of your functioning before and after the accident, is decisive in this regard.

What damages and compensation for pain and suffering in cases of neck and back injury?

In the event of neck and back injuries for which another party is liable, you are entitled to compensation for all damages. Because these injuries often affect work, loss of earning capacity frequently the largest item of damage. Material damage may include, among other things:

• Loss of income, now and in the future, if you can no longer perform your work (fully).
• Costs for retraining if you have to give up your old profession.
• Medical costs, physiotherapy, rehabilitation and deductible.
• Travel expenses to doctors and practitioners.
• Costs for domestic help and help with odd jobs (loss of self-sufficiency).
• Modifications to your home or workplace.

A full calculation of your personal injury damages brings together all these items, including damages that will only occur in the future. You can read more about your entitlements on our page about compensation.

In addition, there is compensation: compensation for the suffering, pain, and loss of enjoyment of life. The amount is determined based on comparable cases from the ANWB Pain and Suffering Guide. As an indication (each case is unique), for neck and back injuries resulting in permanent disability, this ranges from a few thousand to tens of thousands of euros; in the case of very serious injury, such as a spinal cord injury, the amount can be significantly higher. These amounts are explicitly indicative and serve only as a guideline.

When do you need an expert?

In cases of neck and back injuries, expert assistance is often advisable, precisely because of the discussion regarding the causal link and the significant importance of the loss of earning capacity. The insurer has an interest in underestimating that loss and giving heavy weight to previous complaints. An experienced advocate ensures that your medical records are in order, engages an occupational expert and actuary if necessary, calculates your full damages, and conducts the negotiations.

Also pay attention to the time limits: a claim for compensation generally lapses after five years, calculated from the moment you become aware of the damage and the liable party. Therefore, do not wait too long to report your case.

Good help doesn't have to cost you anything. Because the liable insurer reimburses the reasonable costs of legal assistance pursuant to Article 6:96 of the Dutch Civil Code, our guidance is free of charge for you as soon as liability has been established. You therefore do not have to choose between your recovery and your rights. Do you want to know where you stand? Feel free to contact us without obligation, and we will look at your situation together.