Back and neck pain, work and benefits

Is back pain a disability?

Under the Equality Act 2010, a condition counts as a disability if it has a substantial (more than minor) and long-term (12 months or more) effect on your normal daily activities. The law looks at how you would be without treatment. Short spells of back pain are not usually covered, but long-term back or neck pain that makes everyday tasks hard can be.

Staying in work

Staying at work, or getting back to work early with the right support, usually helps recovery. Your GP can use a fit note to suggest changes, such as shorter hours or lighter duties.

Reasonable adjustments

Your employer should consider changes such as:

• a supportive chair, sit-stand desk or workstation assessment
• avoiding heavy lifting, or providing lifting equipment
• more breaks, or the chance to move around
• a phased return after time off
• working from home on some days

Access to Work can help pay for equipment or support that goes beyond reasonable adjustments.

Your employer also has legal duties to reduce the risk of injury from manual handling.

Benefits

PIP is based on how your condition affects you on most days. Long-term back pain or sciatica can affect activities such as:

• moving around, if pain stops you walking more than a short distance reliably
• washing and bathing, and dressing, if you cannot bend to reach your feet or get in and out of the bath
• preparing food, if you cannot stand at a cooker for long

If you are over State Pension age, look at Attendance Allowance instead of PIP. It is for people who need help with personal care or supervision.

If you cannot work

If your health means you cannot work, or can only work a little, you may be able to get New Style Employment and Support Allowance or extra money in Universal Credit. These are separate from PIP, and you can get them at the same time.

Free, independent advisers, such as Citizens Advice or a local welfare rights service, can help you check what you can claim and fill in forms.