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Manual Handling Injury Claim – Learn If You Are Eligible To Make One

Many different job roles involve manual handling tasks. Any time you carry out such a task at work, there is the potential risk of injury. Your employer should take steps to ensure your health and safety in the workplace. If you were injured in the workplace due to your employer’s negligent actions, you may be able to make a manual handling injury claim

In our guide, we look at how a specialist solicitor could help you to claim compensation for a manual handling accident at work.

Key Takeaways

  • You can make a personal injury claim if your injury was caused by your employer breaching their duty of care.
  • You need to prove your claim with evidence, such as an accident report.
  • Compensation could be awarded for your injuries and subsequent financial losses.
  • One of our No Win No Fee solicitors could help you claim.

To discuss your case, ask any questions and receive free advice, you can contact our advisors.

A manager supervises manual handling operations.

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What Is A Manual Handling Injury?

Manual handling is the act of lifting, supporting, moving or otherwise transporting a load using your body. Manual handling may involve lifting objects, moving a roll cage or unloading a lorry. Your job may require you to move objects, animals or even people. You may use moving and handling equipment, such as lifting straps, wheeled trolleys or powered trucks.

Manual handling accidents could lead to a wide variety of different injuries such as back injuries, dislocations, strains and sprains.

How Common Are Manual Handling Injuries In The Workplace?

Manual handling operations are one of the most common causes of workplace injuries. According to the Health and Safety Executive (HSE), who is Britain’s regulatory body for workplace safety, handling, lifting or carrying accounted for 17% of workplace accidents in 2023/24.

According to the HSE, the following industries suffered the most manual handling accidents in this period:

  • Human health and social work – 2,221
  • Manufacturing – 1,974
  • Transportation and storage – 1,713
  • Wholesale and retail – 1,347
  • Construction – 742

If you have suffered an injury in the workplace our team could help you to make a manual handling injury claim. Contact our advisors today.

Could I Make A Manual Handling Injury Claim?

In order to make a manual handling injury claim, such as for an unloading injury, you must show that your employer was at fault.

Your employer has a duty of care to take reasonable steps to ensure your health and safety within the workplace, as stated within the Health and Safety at Work etc. Act 1974.

Furthermore, the Manual Handling Operations Regulations 1992 set out the specific rules and guidance employers must adhere to when assigning manual handling tasks.

To make a personal injury claim following a manual handling accident, you must prove:

  1. Your employer had a duty of care.
  2. They have breached this duty of care. For example, they may have failed to provide you with the necessary training.
  3. This breach resulted in your accident and injuries. For example, having no training caused a lifting accident.

What Should My Employer Do To Protect Me From Manual Handling Injuries?

The HSE provides guidance to employers on steps they could take to avoid manual handling accidents and reduce the risk of injuries. These steps include:

  • Avoid any hazardous manual handling tasks as far as reasonably possible.
  • Assess any manual handling that cannot be avoided.
  • Make loads lighter, smaller or easier to grasp.
  • Break larger loads into smaller ones where possible.
  • Ensure staff have received appropriate training on lifting and carrying.

To see whether you could be eligible to make a manual handling injury claim, you can contact our advisors.

A worker lifts a box, holding their back in pain.

How Could A Manual Handling Accident Happen?

There are various ways that a manual handling injury could be suffered in the workplace. Some examples could include:

  • You suffer a back injury when trying to pick up a load incorrectly due to not receiving any manual handling training.
  • Your employer informs you to carry a load by yourself that two people should carry due to its weight. This causes you to drop the load on your foot and suffer a crush injury to your toes.
  • You are not given sufficient rest periods of breaks after carrying various loads for a number of hours. This causes you to suffer a soft tissue injury in your back and a sprained wrist injury.

These are some common causes of manual handling injuries. If you’re particular accident isn’t listed here, this doesn’t mean you can’t claim. Contact our advisors to discuss your case.

What Can Manual Handling Compensation Cover?

Manual handling compensation could cover both your injuries as well as expenses and losses caused by these injuries.

Compensation for your injuries is awarded under general damages. This takes account of the injury you suffered and how serious it was.

Whoever is valuing your claim may refer to the Judicial College Guidelines (JCG). The JCG includes guideline compensation amounts for different types of injury at different degrees of severity.

With the exception of the first row, our table below includes some of the compensation guidelines from the JCG.

InjurySeverityDamages
Multiple serious injuries with special damagesSeriousUp to £1,000,000 in cases where loss of earnings and special damages are awarded.
Neck injurySevere (ii)£80,240 to £159,770
Moderate (i)£30,500 to £46,970
Back injurySevere (ii)£90,510 to £107,910
Moderate (ii)£15,260 to £33,880
Foot injurySerious£30,500 to £47,840
Elbow injuryLess severe£19,100 to £39,070
Wrist injuryLess severe£15,370 to £29,900
Shoulder injurySerious£15,580 to £23,430

Can Accident At Work Compensation Address Lost Earnings?

Your manual handling compensation claim can also address any loss of earnings caused by the accident as well as other related expenses. These would be awarded under special damages.

You may have had to take time off work to recover from your injury or no longer be able to work as you did before. You may also have lost employer contributions to your pension fund and other workplace benefits. As well as being able to claim for lost income, you could claim for:

  • Medical treatment, care and medication.
  • The cost of travelling to medical appointments.
  • Expenses related to adapting your home to cope with your injuries.

You must provide evidence of these losses with documents such as receipts, payslips, and bank statements. Find out how to calculate an accident at work claim by contacting our team today.

What To Do After Suffering A Manual Handling Injury

Any type of accident at work claim, such as manual handling compensation claims, must provide sufficient evidence that proves how the employer was liable and what injuries were suffered.

Below we look at some of the steps you could take following a manual handling accident at work and look at how they could help you prove your claim.

  • Seek medical care – your immediate step should be to seek any medical care and treatment you need. You can also request copies of your medical records. These can help to show what manual handling injuries you sustained.
  • Complete the accident report book – workplaces with 10 or more employees legally should have an accident report book in which you can log your accident and injuries. You can also request a copy of this record to use as evidence.
  • Request CCTV footage of yourself – you may request CCTV footage which captured the accident taking place.
  • Photograph any visible injuries – taking photos can help to show the progress of any visible injuries over time.
  • Get witness contact details – ask for the contact information of anyone who witnessed your accident.

Our solicitors are experienced in helping people to make successful manual handling injury claims. Contact our team to find out how they could help you gather evidence.

A worker lays on the floor under boxes.

How Long Do I Have To Start My Work Injury Claim?

You must begin your manual handling injury claim within the relevant time limit. The Limitation Act 1980 sets out the accident at work claim time limit as three years. This runs from the date the accident took place.

There are circumstances in which you could claim compensation outside of this time limit. These include:

  • Those injured under the age of 18 cannot start their own claim until the date of their 18th birthday. They will then have three years from this date.
  • Those who are unable to make their own claim due to lacking the required mental capacity will have the time limit suspended indefinitely. The time limit will only begin if they regain this capacity and will run from the recovery date.

In either of these instances a litigation friend may claim on behalf of the injured person whilst the time limit is suspended.

Get in touch with our team today to find out if you could make a claim on behalf of someone else. One of our experts could also advise you on what time limit may apply to your manual handling accident claim.

Make A Manual Handling Injury Claim With A No Win No Fee Solicitor

Whilst you do not have to make a manual handling claim with a solicitor, we believe that having a specialist solicitor working on your case could be beneficial. Some of the very services our experienced solicitors can offer their clients include:

  • Help with collating evidence.
  • Filing the claim within the time limit.
  • Communicating with the defending party.
  • Negotiating a compensation settlement.

Additionally, our solicitors can work on claims on a No Win No Fee basis under a Conditional Fee Agreement (CFA).

Under a CFA, you will not need to pay your solicitor upfront as the claim progresses or if the claim fails for their services. You will pay them a success fee if they succeed with your claim. This is a percentage (that is limited by the law) that is taken from your compensation.

Get In Touch With Our Team Today

If you need to make a manual handling injury claim our team could help you. Get in touch with our expert advisors today by:

A solicitor works on a manual handling injury claim.

 

Further Resources On Accident At Work Claims

Learn more about other accident at work claims we could help with:

External resources:

Thank you for reading our guide to making a manual handling injury claim.