This is an informative guide to when lifting and carrying injuries sustained in workplace accidents could lead to manual handling claims. Employers owe their employees a duty of care to ensure their safety at work. Providing sufficient training so that you can carry out your job tasks safely, this includes training employees on manual handling techniques if applicable, is part of their responsibilities. If this is not adhered to, it could lead to you being injured in a manual handling accident. This would be employer negligence, for which you may be eligible to seek personal injury compensation.
As we move through this guide, we will explore the ways in which you could be injured due to your employer failing to uphold their duty of care. Also, we will discuss the eligibility criteria that must be met for you to have a valid claim.
In addition to this, we will look at how long you have to start your claim after the accident and the evidence that you could acquire to support your case.
Furthermore, we will explore how compensation can be valued for a successful claim, and lastly, we will look at the definition of a No Win No Fee agreement. Continue reading this guide to find out more.
You can also get in touch with an advisor from our team at any time for guidance and advice related to your potential personal injury claim. Their advice is free and will not place you under any obligation to progress your claim with our panel of personal injury solicitors.
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- When Are You Eligible To Make Manual Handling Claims?
- Examples Of When You Could Claim After A Manual Handling Accident
- How Much Are Manual Handling Claims Worth?
- Evidence To Support Manual Handling Accident At Work Claims
- No Win No Fee Manual Handling Claims
- Find Out More About Manual Handling Accident At Work Claims
As set out by the Health and Safety at Work etc. Act 1974 (HASAWA), your employer must take all reasonably practicable steps to ensure that their employees are safe at work. For example, they must carry out risk assessments and provide proper training to employees. This includes adhering to the Manual Handling Operations Regulations 1992.
Therefore, to make a personal injury claim following an accident at work, your case must meet the following eligibility criteria:
- Firstly, your employer owed a duty of care to you at the time and location of your accident.
- Secondly, they breached their duty of care.
- As a consequence of this breach, you suffered injuries. These injuries may be physical, psychological, or both.
Therefore, if you are responsible for your injuries as you did not adhere to the training you were provided, and your employer took all necessary steps to prevent you from being injured, you will not be eligible to claim.
When looking at eligibility, it is also important to consider the limitation date that applies to your claim.
How Long Do I Have To Claim?
As outlined by the Limitation Act 1980, there are time limits in place for personal injury claims. This states that you must begin legal proceedings within three years of the accident date. Although there can be certain exceptions to these time limits.
For more details regarding eligibility in connection with manual handling claims and the time limit applicable to your potential claim, please get in touch with our advisors.
Various manual handling accidents could lead to a personal injury claim. Below we will provide some examples of how a manual handling accident could happen due to employer negligence:
- Your employer provided no manual handling training at work. As a result of this, you use the incorrect lifting technique and sustain a back injury.
- Your employer does not conduct any risk assessments in the workplace. A risk assessment would’ve highlighted obstacles on your carrying route that could present a slip, trip and fall hazard. Consequently, you trip and fall, sustaining a wrist injury due to a pipe protruding from the wall, which you couldn’t see because of the load you were carrying.
Should you have sustained injuries because your employer breached their duty of care, you may be eligible to make a work injury claim. Please get in touch with our advisors, who can offer guidance and advice relating to manual handling claims.
Compensation awards for successful manual handling claims could be made up of up to two types of damages. Firstly, you may be awarded general damages compensation for the pain and suffering that is caused by your injuries. This takes into account both injuries of a mental and physical nature.
We have provided a table of guideline compensation brackets for various injuries below. These have been taken from the Judicial College Guidelines (JCG). Legal professionals, such as accident at work solicitors, can also use this document to assist them when valuing personal injury claims.
Please consider the following table as a guide, as the unique details of each workplace injury claim determine the award.
Guideline Compensation Table
|Injury Type||Severity||Compensation Bracket||Details|
|Back Injury||Severe (a)(ii)||£74,160 to £88,430||Injuries that include special features, for instance damage to the nerve roots with associated sensation loss, unsightly scarring and further problems.|
|Back Injury||Severe (a)(iii)||£38,780 to £69,730||Soft tissue injuries, fractures of vertebral bodies or of discs, or disc lesions leading to chronic conditions and remaining disabilities despite treatment.|
|Back Injury||Moderate (b)(i)||£27,760 to £38,780||A wide range of injuries are covered by this bracket. For example, damage to an intervertebral disc accompanied by nerve root irritation and reduced mobility.|
|Back Injury||Moderate (b)(ii)||£12,510 to £27,760||Injuries that are often encountered, such as prolapsed discs that necessitate a laminectomy or cause repeated relapses.|
|Elbow Injury||Severely Disabling (a)||£39,170 to £54,830||A severely disabling elbow injury.|
|Shoulder Injury||Severe (a)||£19,200 to £48,030||Involves harm to the brachial plexus, is often associated with neck injuries and results in significant disability.|
|Shoulder Injury||Moderate (c)||£7,890 to £12,770||Frozen shoulder with discomfort and limited movement. Symptoms persist for around 2 years.|
|Wrist Injury||Significant Permanent Disability (b)||£24,500 to £39,170||Some useful movement will remain.|
|Wrist Injury||Less Severe (c)||£12,590 to £24,500||Less severe injuries leading to some permanent disability, such as a level of continuing pain and stiffness.|
|Arm Injury||Less Severe (c)||£19,200 to £39,170||There were significant disabilities but a substantial degree of recovery took place or is expected.|
Special Damages In Manual Handling Claims
Secondly, you may also be eligible to receive special damages to compensate for any financial losses you suffered due to your injuries. This could cover losses such as:
- Loss of earnings
- Home adaptations
- Care costs
- Medical expenses
- Travel costs
It is important that you know you must provide evidence of these losses. This could include payslips, invoices, receipts and travel tickets.
An advisor from our team could provide you with a personalised compensation estimate for your potential manual handling claim if you get in touch today.
There are various examples of evidence that could be used to support manual handling claims and prove that employer negligence has occurred. Such as:
- The report in the accident at work book
- CCTV footage of the incident
- A copy of your medical records
- Photographs of your injuries and the scene of the accident
- A diary of your symptoms, treatments and impacts on your life
- Witness contact details
If you have any questions about the evidence that you could gather to strengthen your potential claim, please contact our advisors. What’s more, if you choose to work with a legal professional, they can help you to obtain and compile your evidence.
Our team can provide free assessments of manual handling claims. If they find you may be eligible to make an accident at work claim, they could place you in correspondence with one of the No Win No Fee solicitors from our panel.
They could ask you to enter into a Conditional Fee Agreement (CFA), which can allow you to access the help of a solicitor without paying upfront and ongoing fees for their services. What’s more, if your claim is not successful, you will not pay for their services at any time.
However, if your manual handling claim is successful, your No Win No Fee solicitor can take a small success fee from the compensation. This is a percentage that the legislation caps. Therefore, this means your solicitor cannot overcharge you.
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Please explore more of our guides for further information on accident at work claims:
- I Had An Injury During My Probation Period, Could I Make A Claim?
- Can I Claim For An Accident At Work After I Left The Company?
- How To Make A Temporary Or Agency Worker Injury Claim
Also, take a look at the following external sources:
- Health and Safety Executive (HSE) – Manual handling at work
- GOV.UK – Request CCTV footage of yourself
- NHS – First aid
Thank you for reading this guide on manual handling claims. If you still have any questions, please get in touch with an advisor from our team today.