In this guide, we’ll be looking at when you could be eligible to make a personal injury claim following lifting accidents at work that have caused you harm. In it, we will discuss the criteria that must be met in order to seek compensation and the time limits for putting forward a claim.
Lifting Accidents At Work Claims Guide
All employers have a duty of care to their employees. We will explore the legislation that outlines their responsibilities and how, if these aren’t adhered to, you could experience harm in an accident at work.
Additionally, this guide will look at the compensation you could be awarded following a successful claim. It will also discuss the evidence you could provide to support your case and how this could be used to help value your settlement.
For more information on how to claim for a work accident, you can use the contact information below to talk with our team of advisors. They can provide further guidance on the process of making an accident at work claim.
Contact us by:
- Entering your details into the ‘contact us’ form on our website
- Calling us on 0161 696 9685
- Chatting with us using the live support feature on our website
Choose A Section
- Can I Claim For Injuries Caused By Lifting Accidents At Work?
- Examples Of Lifting Accidents At Work
- What Evidence Can Support An Accident At Work Claim?
- Manual Handling At Work Claims – Example Settlements
- Workplace Accident Claims – No Win No Fee Legal Help
- Lifting Accidents At Work – Find Out More
Can I Claim For Injuries Caused By Lifting Accidents At Work?
As stated above, employers ow a duty of care to their employees. This means that they must ensure that practicable and reasonable steps are taken to ensure that the workplace is safe and that harm to employees is prevented. This is outlined in The Health and Safety at Work etc. Act 1974.
You may be able to claim for a workplace injury if you can prove that negligence occurred. This involves the following:
- An employer owed a duty of care to you
- They breached this duty of care
- This breach of duty caused you to be injured.
What Is The Time Limit When Making A Workplace Accident Claim?
You may be wondering ‘how long after an accident at work can I make a claim?’. The standard time limit to begin a claim is three years from the date of the accident occurring. This is outlined in The Limitation Act 1980.
However, in some circumstances, exceptions may apply. For more information on the time limits and your eligibility to make a claim following lifting accidents at work, use the contact information above to discuss this with our team of advisors.
Examples Of Lifting Accidents At Work
Firstly, it’s important to note that employers have a responsibility under the Manual Handling Operations Regulations 1992 to avoid any manual handling activities where possible.
If they cannot, then they need to assess the risks involved with this activity and address these risks. For example, they could provide adequate manual handling training to their employees and ensure any walkways are free from obstruction. A failure to do so could lead to the following lifting accidents at work:
- An employee may carry a load that is too heavy for them, causing them to experience a back injury consisting of muscle damage.
- An employee may trip and fall when carrying an object due to an obstruction in their path. This may cause them a serious soft tissue injury in their neck as well as other injuries.
To discuss your particular incident, please get in touch using the details provided above. An advisor can help you understand whether you’re eligible to seek compensation.
What Evidence Can Support An Accident At Work Claim?
When making a claim for injuries sustained in lifting accidents at work, you’ll have to prove that your injury was the result of negligence. Types of evidence that you can use to prove this include:
- CCTV footage of the accident
- A diary of your treatment and symptoms.
- Copies of any medical records, such as X-ray scans and doctor reports
- Photographs of your injury and the accident site
- Contact details of potential witnesses that are able to provide a statement at a later date
Providing you have a valid claim, you can receive assistance from a solicitor on our panel when collecting evidence to support your claim. To find out how they can help, get in touch using the details above.
Manual Handling At Work Claims – Example Settlements
Following a successful claim, you’ll be entitled to general damages. This is one of two heads of claim that can make up your total compensation amount. It aims to reimburse you for any pain or suffering you have experienced as a result of your injuries.
The figures in the table below have been taken from the Judicial College Guidelines, which is used by solicitors to help assign a value to the general damages aspect of your payout.
Note that the following figures cannot be guaranteed. This is due to the fact that every claim has to be judged on a case-by-case basis.
Guideline Compensation Amounts
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Back | Severe (iii) | £38,780 to £69,730 | Chronic conditions due to soft tissue injuries. |
| Back | Moderate (i) | £27,760 to £38,780 | Damaged intervertebral disc causing irritation to the nerve roots and reduced mobility. |
| Back | Moderate (ii) | £12,510 to £27,760 | Soft tissue injuries that cause a pre-existing condition to become accelerated or exacerbated. |
| Neck | Severe (iii) | £45,470 to £55,990 | A significant and permanent disability as well as chronic conditions from severe soft tissue damage. |
| Neck | Moderate (ii) | £13,740 to £24,990 | Soft tissue or wrenching-type injury. |
| Neck | Minor (i) | £4,350 to £7,890 | A full recovery within 2 years from minor soft tissue injuries. |
| Wrist | Less Severe | £12,590 to £24,500 | There is still a degree of persisting pain and stiffness from injuries that are less severe. |
| Hand | Moderate | £5,720 to £13,280 | Soft tissue type injuries to the hand are included in this bracket. |
| Shoulder | Serious | £12,770 to £19,200 | Shoulder dislocation as well as damage to the nerves in your arm, known as the brachial plexus. |
| Arm | Less Severe | £19,200 to £39,170 | Significant disabilities but with a substantial recovery that has either already happened or is expected. |
Special Damages – What Are They?
Special damages is the second head of claim that you could be eligible to receive following a successful claim. These aim to reimburse you for any financial losses that you have experienced as a direct result of your injuries. Examples of the costs you could claim back under this head include:
- Loss of earnings
- Cost of care
- Travel expenses
- Medical expenses
- Cost of renovations to a home
You’ll have to provide evidence to prove these financial losses, which can come in the form of bank statements, invoices, or receipts.
For a more personalised estimate of what you could receive following a successful personal injury claim, get in touch with an advisor.
Workplace Accident Claims – No Win No Fee Legal Help
Providing that you have a valid claim, you may be able to receive legal representation from an accident at work solicitor on our panel. They may be able to offer you a No Win No Fee Agreement called a Conditional Fee Agreement.
Under a CFA, you won’t typically be expected to pay any upfront or continuous fees for your solicitor’s services. As well as this, you won’t have to pay anything should your claim fail.
In the case that your claim is successful, you’ll have to pay a success fee. This percentage is legally capped and is taken out of your total compensation before it reaches you. The cap placed on this fee is outlined in the The Conditional Fee Agreements Order 2013
If you’d like to discuss starting your claim, you can contact an advisor. They can provide further guidance regarding your claims eligibility and the steps you can take to support your case. For more information, you can:
- Contact us online
- Call on 0161 696 9685
- Chat with us using the live support feature on our website
Lifting Accidents At Work – Find Out More
You can learn more about personal injury claims by reading more of our guides:
- £25,000 compensation payout for an injury caused by an accident at work
- Can I claim for an accident at work after I left the company?
- When can you make a broken ankle at work claim?
Alternatively, you can use the following external resources:
Thank you for reading this guide on when a claim for lifting accidents at work could be possible. If you have any other questions, please get in touch using the details provided above.
Page by SL
Published by NL