Manual Handling Accident And Injury Claims
Are you interested in who is eligible to make manual handling accident claims? A lot of workplaces, from office spaces to warehouse jobs, include manual handling as part of their regular duties. But if you are injured while carrying out your duties because of your employer’s negligent actions, you could be due compensation.
In this guide, we’ll discuss what a manual handling injury is, and when you could make an accident at work claim. Our guide also discusses the steps that employer can take to prevent manual handling injuries, and what you need to make a claim.
One of the most common questions we receive is, “How much compensation could I get?” While compensation varies from claim to claim, our guide offers information on what your compensation could contain, and how it’s calculated. Finally, we end this guide by discussing how our solicitors can help with manual handling claims on a No Win No Fee basis.
We understand that the claims process can seem daunting, so our team are here to help. When you get in touch with our advisors, they can answer any questions you have about claiming compensation, and can evaluate your personal injury claim for free.
Get started today by:
- Calling us on 0800 073 8804
- Using the live chat feature.
- Contacting us online.
Browse Our Guide
- What Is A Manual Handling Injury?
- Examples Of Unsafe Practices Leading To Manual Handling Accidents And Injuries
- Who Can Make Manual Handling Accident Claims?
- How Can An Employer Prevent Manual Handling Injuries?
- How Much Compensation For Manual Handling Accident Claims?
- What Do I Need To Make A Manual Handling Injury Claim?
- Claim For A Manual Handling Accident On A No Win No Fee Basis
- More Resources About Accident At Work Claims
What Is A Manual Handling Injury?
A manual handling injury is an injury caused while moving or lifting heavy loads, usually without any equipment to help.
Manual handling injuries are common in workplaces such as warehouses, shops, and other construction sites, but they can also happen in places like offices and other less physical jobs.
Examples Of Unsafe Practices Leading To Manual Handling Accidents And Injuriesh
The Health and Safety Executive (HSE) sets guidelines for how work should be carried out when manual handling cannot be avoided. These include providing adequate training as well as workplace modifications and smaller, easier-to-hold loads.
Examples of injuries that could occur due to unsafe practices and manual handling include:
- A shoulder injury, such as a strain from reaching too far for an object.
- A back injury, including slipped discs caused by a lack of training on how to lift heavy loads.
- An arm injury from carrying objects that are too heavy, or for too long.
- Hand injuries. These include breaking a bone when putting an object down.
- Foot injuries can happen if objects are dropped due to an unsafe load.
If you’ve suffered an injury caused by lifting or carrying in the workplace, get in touch with our team and find out if you could make a manual handling injury claim.
To learn more about the most common causes of manual handling injuries, why not check out our dedicated guide here?
Can I Claim If I Got Injured Doing A Two-Person Lift On My Own?
The Manual Handling Operations Regulations 1992 does not apply an exact weight limit or safe limits for lifting but instead uses wider generalisations which could have the potential to increase the risk of injury under certain circumstances. To do this, the data looks at the difference between men and women when lifting at work.
If the task falls within the appropriate parameters of this filter, a detailed or individual risk assessment may not be required. Therefore, when an employer asks one person to lift or move an object, they should have assessed the level of risk beforehand and be satisfied that it is within the health and safety guidelines for one person to move.
Who Can Make Manual Handling Accident Claims?
So, could you make a claim? A manual handling injury alone, while unfortunate, isn’t enough to claim compensation. This is because the first step of the personal injury claims process is establishing negligence.
Negligence occurs when:
- You’re owed a duty of care.
- This duty is breached.
- As a result, you are injured.
When someone owes you a duty of care, this means that they are responsible for your health and safety. Specifically, your employer owes you a duty of care while working.
This duty is outlined under the Health and Safety at Work etc. Act 1974 (HASAWA), and there are many steps that your employer can take to fulfil it. For example, they might undertake a risk assessment before asking you to lift something.
Additionally, the Manual Handling Operations Regulations 1992 set out clear measures for dealing with risks from manual handling operations to prevent any accidents or injuries from occurring.
For example, if your employer told you to lift and carry and box that they knew was too heavy to be carried alone, this could be a breach of their duty of care. If this caused you to suffer a back injury, then you may be able to make a claim against your employer.
To find out if you meet the manual handling accident claims eligibility requirements, contact our team of advisors today. Or, keep reading to learn more about the steps your employer could take to fulfil their duty of care.
How Can An Employer Prevent Manual Handling Injuries?
Some accidents are unavoidable, or are caused by your own actions or the actions of a coworker. However, there are still some steps that your employer can take to make sure that you are safe and that they are fulfilling their duty of care.
These steps can include:
- Risk assessments.
- Providing adequate equipment when needed.
- Providing free and adequate manual handling training.
- Providing personal protective equipment (PPE), like a back support brace or lifting equipment
Why Manual Handling Training Is Important For Workplace Safety
You may be wondering why manual handling training is important for workplace safety. Firstly, manual handling can include the act of lifting, pushing or pulling objects to transport or support them.
As such, training for manual handling related tasks is important to prevent injury. Although this will not eliminate the risk as a whole, it can help ensure proper processes are followed to reduce the risk to you as a worker.
The Manual Handling Operations Regulations 1992 specifies an employer’s responsibility for preventing the risk posed by manual handling tasks. As such, they must:
- Avoid the need for employees to carry out manual handling wherever possible.
- When it’s not possible to avoid manual handling, a sufficient assessment of the activity should take place.
- Steps should be taken by the employer to reduce the risk of injury during manual handling, wherever possible.
How Can The Risks Of Manual Handling Be Reduced?
There are several ways the risk involved with manual handling could be reduced, such as:
- Carrying smaller loads
- Utilising equipment to help assist in lifting and carrying where possible
- Removing obstructions to prevent trip accidents while moving objects
- Reducing the carrying distances
How Often Do Manual Handling Injuries Happen?
According to the Health and Safety Executive (HSE), out of all the accidents reported by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) between 2022/23, 17% of reported non-fatal workplace accidents were due to handling, lifting, or carrying. This makes it the second most common cause of reported injuries.
Contact us if you have any questions regarding manual handling accident claims.
How Much Compensation For Manual Handling Accident Claims?
Unfortunately, we can’t give you an exact estimate of your potential manual handling compensation. This is because it can depend on a lot of different things, like:
- Evidence.
- Your injuries.
- Whether your employer accepts liability.
- Whether the claim goes to court.
If your manual handling compensation claim succeeds, you’ll get general damages. This is compensation that covers your injuries and the way they’ve affected your life.
When valuing general damages, professionals often refer to the Judicial College Guidelines (JCG). This document can be helpful because it lists compensation guidelines for a lot of different injuries and illnesses.
We’ve included a table with some examples of these guidelines below, but keep in mind that the first entry isn’t from the JCG, and JCG entries aren’t guaranteed.
Injury | Compensation Bracket |
---|---|
Multiple Severe Injuries & Special Damages | Up to £1,000,000+ |
Moderately Severe Brain Damage (a) | £267,340 to £344,150 |
Severe Neck Injuries (a) (i) | In the region of £181,020 |
Severe Back Injuries (a) (i) | £111,150 to £196,150 |
Moderate Back Injuries (b) (i) | £33,880 to £47,320 |
Minor Back Injuries (c) (i) | £9,630 to £15,260 |
Moderate Knee Injuries (b) (i) | £18,110 to £31,960 |
Moderate Knee Injuries (b) (ii) | Up to £16,770 |
Serious Shoulder Injuries (c) | £15,580 to £23,430 |
Wrist Injuries (d) | £7,420 to £12,630 |
Some compensation awards also include special damages, which help you claim back the financial losses caused by your injuries. This can include the cost of:
- Lost earnings.
- Childcare.
- Help cooking and cleaning.
- Private medical treatment.
- Mobility aids.
- Prescriptions.
- Home adjustments.
Get in touch to learn more about how much compensation you could receive, or take a look at our compensation calculator for more information.
What Do I Need To Make A Manual Handling Injury Claim?
When you make a manual handling claim, you need to be able to prove that negligence occurred. To help with this, you should gather sufficient evidence that supports your case. Evidence for manual handling accident claims could include:
- Photographs.
- CCTV or video footage.
- Witness contact information so they can be approached for a statement at a later date.
- Accident book logs.
- Medical records.
- Bank statements or wage slips showing financial losses.
One of the benefits of working with an accident at work solicitor on your claim is that they can help you with this stage of your claim. For example, a solicitor can arrange an assessment with an independent medical professional, which can help support your claim.
Contact us today to find out what one of our expert solicitors could do to help you prove your manual handling injury claim.
Claim For A Manual Handling Accident On A No Win No Fee Basis
Why claim with a No Win No Fee solicitor? Well, there are many benefits to working with a No Win No Fee personal injury expert on your case. For example, they can help you:
- Prove and support your claim.
- Understand legal jargon and technical terms.
- Negotiate the settlement that you deserve.
- Take your claim to court.
- File everything on time.
These are just a few examples of what a solicitor can do for you. Plus, by working under the terms of a Conditional Fee Agreement (CFA), our No Win No Fee solicitors do all this without:
- Asking for an upfront fee.
- Requiring payment to continue their work.
- Taking payment for their work if the claim fails.
If the claim succeeds, they’ll take a success fee from your compensation. The law restricts the percentage that can be taken as this fee.
Contact Us
To find out if one of our No Win No Fee solicitors could help you, get in touch today. One of our advisors will evaluate your claim and help answer your questions in a free consultation. They may also connect you with a solicitor if it seems like you have a strong claim. Get started by:
- Calling us on 0800 073 8804
- Using the live chat feature
- Contacting us online
More Resources About Accident At Work Claims
Read more helpful accident at work guides:
- Find out how to claim after a colleague ran over your foot at work.
- Learn about making a serious injury claim after a workplace accident.
- Get advice on making a complaint to the HSE after an accident at work.
Or, for further resources:
- Get general health and safety advice from the HSE.
- Learn when to call 999 from the NHS.
- Advice on requesting CCTV footage of yourself from Gov.UK.
Thank you for reading our guide on manual handling accident claims. If you have any questions or would like to discuss your case, please contact us today.