Neck Injury Claims: Hurt in a Car Accident, a Fall or at Work
A neck injury claim is a personal injury claim for a strain, disc injury, trapped nerve or fracture caused by someone else's fault; a minor whiplash injury suffered as a driver or passenger in a car or van goes through a fixed government tariff, while neck injuries at work, in a fall, on a bike or motorbike, and anything more than a soft-tissue injury are assessed in the ordinary way, and National Accident Support Line works out which route applies and refers the claim to a specialist solicitor, with a callback within 2 minutes.
Most people who look this up are in pain and wondering whether it's worth the bother. Neck injuries rarely show on an X-ray and are easy to dismiss. The stiffness that starts the morning after a crash, or the tingling down one arm a week after a fall at work, gets put down to sleeping badly. If the injury came from something someone else should have prevented, it is worth a proper look, and the route the claim takes depends on how it happened.
We'll call you back within 2 minutes with a straight answer on where you stand.
Whiplash or not: which route your neck claim takes
Since 31 May 2021, whiplash injuries from road accidents in England and Wales have been handled differently from other injuries. If you were an adult driver or passenger in a car or van, and the injury is a soft-tissue injury to the neck, back or shoulder lasting up to two years, the amount for the injury is set by a fixed government tariff, and the claim can be made through the Official Injury Claim service. Everything else sits outside that system and is valued on the medical evidence.
| Your situation | How the neck injury is assessed |
|---|---|
| Driver or passenger in a car or van, soft-tissue injury, England or Wales | Whiplash tariff; the Official Injury Claim service can be used |
| Driver or passenger, but a fracture, disc injury or nerve damage | Assessed in the ordinary way, outside the tariff |
| Cyclist, motorcyclist, pedestrian or horse rider | Assessed in the ordinary way; the Official Injury Claim service can't be used |
| A child, or an adult who lacks capacity | Assessed in the ordinary way |
| Hurt at work away from the road, in a fall, in a shop or a gym | Assessed in the ordinary way, against the employer or the occupier |
| Accident in Scotland | Scottish rules; the whiplash reforms cover England and Wales |
Road accident whiplash for drivers and passengers has its own page, whiplash claims after a road accident. This page is about the rest.
Types of neck injury
A strain or sprain is damage to the muscles, tendons or ligaments of the neck. It is the most common neck injury and usually the quickest to recover from. A disc injury, where one of the cushions between the bones of the neck bulges or tears, can press on a nerve and cause pain, pins and needles or weakness down an arm; doctors call that cervical radiculopathy. A fracture of one of the bones in the neck is a serious injury that can mean a collar, a brace or surgery. Furthest along is damage to the spinal cord itself.
Many people have some wear and tear in the neck by middle age without knowing it. An accident that makes it painful, or brings symptoms on years earlier than they would otherwise have come, is still an injury caused by the accident. The medical report says how much of what you're feeling is down to the accident and for how long.
What a neck injury claim covers
The injury and how long it affected you. Lost earnings, including the gap between sick pay and your normal wage. Physiotherapy, treatment and travel to appointments. Help from family with lifting, driving or looking after the children while you couldn't. And where the neck doesn't recover fully, the effect on the work and the activities you can do in future.
We'll call you back within 2 minutes with a straight answer on where you stand.
The situations people describe to us
"The medical report says my neck problems were already there"
Reports often note wear that was there before the accident and describe the accident as bringing symptoms on or making them worse. That doesn't end a claim; it shapes how the injury is valued. If a report gets your history wrong, you can ask for it to be corrected before anyone relies on it.
"I fell at work and hurt my neck, and my manager says I should have been more careful"
A neck injury at work isn't a whiplash claim, so the tariff doesn't apply. It is a claim against the employer's insurance, and if you were partly at fault it is reduced by your share, not refused. If you were injured at work, the accident book entry is the first thing to secure.
"It started as a stiff neck and now my fingers tingle"
Pins and needles, weakness in the arms or hands, or electric-shock pains are symptoms the NHS says need urgent advice from 111 or a GP. Get seen, and tell the doctor how the injury happened so that it goes on the record.
"I was knocked off my bike and my neck has been bad since"
Cyclists, motorcyclists and pedestrians are outside the whiplash tariff and can't use the Official Injury Claim service, so the neck injury is valued in the ordinary way, as a claim against the driver's insurer.
What to do after a neck injury
See a GP, call 111 or go to A&E, depending on how bad it is, and say how it happened. For a road accident, swap details with the other driver and report it to the police if they didn't stop or details weren't exchanged. For anything else, report it to whoever controls the place and keep a copy. Photograph what caused it. Take the names of witnesses. Keep a note of the days you couldn't work, drive or sleep properly, and the receipts for painkillers and physiotherapy. Then get in touch.
How a neck injury claim works with National Accident Support Line
Tell us what happened, by the form, WhatsApp or a call to 0333 212 2730; web enquiries are called back within 2 minutes during opening hours. We ask how and where it happened, who was involved and how the neck is now, and work out which route the claim takes. If there is a claim, we refer it to a specialist solicitor who runs it on a no win no fee basis. If there isn't, we tell you straight. If the neck injury came from a road accident that wasn't your fault and your car was damaged, NASL also arranges a replacement car and your repairs, with no excess to pay and the costs recovered from the at-fault insurer. NASL is an FCA-regulated claims management company, not a law firm. Other injuries we refer, from head and brain injuries to back injuries, are on our main injury claims page.
Frequently asked questions
Is a neck injury the same as whiplash?
Whiplash is one kind of neck injury: a soft-tissue injury caused by the head being jolted, usually in a road accident. Neck injuries also include disc injuries, trapped nerves and fractures, which are assessed differently.
Can I claim for a neck injury from a car accident?
Yes, where the other driver was at fault. If you were in a car or van and it is a soft-tissue injury, it goes through the whiplash tariff. Anything more serious, or an injury while you were on a bike or on foot, is assessed in the ordinary way.
Are neck injuries hard to prove?
They often don't show on a scan, which is why the report from an independent medical expert matters, together with a GP record made soon after the accident and a note of how the injury has affected your days.
I fell and hit my neck. What should I do?
Get medical advice the same day, especially if the neck pain comes with pins and needles, weakness or difficulty walking. Then write down how the fall happened and who controls the place where it happened.
How long do I have to make a neck injury claim?
Three years from the accident. For a child, three years from their 18th birthday.
How much compensation is a neck injury worth?
For road accident whiplash suffered in a car or van, the amount for the injury is set by the government tariff according to how long it lasts. For any other neck injury it depends on the medical evidence and what the injury has cost you, and nobody can give an honest figure before a medical report exists.
What does no win no fee mean?
Nothing to pay upfront and nothing to your solicitor if the claim fails. If it succeeds, the solicitor's success fee, capped at 25% of your compensation for the injury and past losses, comes out of the award, along with any insurance premium; the total is set out in writing before you sign.
We'll call you back within 2 minutes with a straight answer on where you stand.
National Accident Support Line Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities, registration number 829991.