How Much Heavy Lifting Injury Compensation Could I Claim?
By Lewis Cobain. Last Updated 24th October 2024. Welcome to our guide about heavy lifting injury compensation claims. Heavy lifting is a task many employees have to undertake, some daily and others less frequently.
The most important factor is proving that someone else was to blame for the accident you were involved in. Perhaps your employer did not provide you with the correct training. Maybe you were forced to lift something too heavy? All employers need to follow the stringent regulations that are in place to minimise the risk of injury.
If you have been injured because a third party failed to fulfil their duty of care towards you, you may be due personal injury compensation. Our team of advisors can help when you get in touch. They can evaluate your claim and give you more information on making a heavy lifting injury claim. To get in touch:
- Call on 0800 073 8804
- Start your claim online
- Use the live chat feature
Select a Section
- Heavy Lifting At Work Regulations
- Can I Refuse To Lift Heavy Objects At Work?
- What Are The Most Common Types Of Injury When Lifting And Carrying Heavy Loads?
- Top Tips For Proving Heavy Lifting Injury Compensation Claims
- Compensation For Heavy Lifting Injuries
- No Win No Fee Heavy Lifting Injury Compensation Claims
Heavy Lifting At Work Regulations
There are regulations in place which provide information on manual handling hazards and control measures that must be implemented to manage the hazards when lifting heavy objects at work. The first thing that employers need to ask themselves is: can manual handling be avoided completely? If it can, then an alternative approach to the task should be adapted.
As per the regulations, other steps that need to be taken include carrying out risk assessments to identify potential risks, taking measures to control these risks, providing training and PPE where required, and ensuring all lifting equipment is maintained properly. Tasks should also not be repeated repeatedly, and the maximum weight limits must have been adhered to avoid a manual handling accident.
Can I Refuse To Lift Heavy Objects At Work?
You might be wondering, ‘Can I refuse to lift heavy objects at work?’ Under the Manual Handling Operations Regulations 1992, your employer should implement appropriate measures for any risks that might occur from manual handling.
Firstly, any manual handling operations that could be considered as dangerous should be avoided so far as is reasonably practicable. Secondly, your employer should assess any hazardous operations that cannot be avoided, and if so, they should take reasonable steps to reduce the risk of injuries from lifting heavy objects.
Some examples of how your employer could enforce their duty of care include:
- Ensuring all staff have received sufficient manual handling training.
- Before asking you to perform any manual handling duties, risk assessments have been taken.
- They have provided you with any necessary lifting equipment you may need to perform your manual handling duties.
Contact our advisors to find out more about heavy lifting injury compensation claims. Our advisors could connect you with one of our accident at work solicitors who could help you with your case.
What Are The Most Common Types Of Injury When Lifting And Carrying Heavy Loads?
Lifting heavy objects at work could result in you sustaining an injury. As long as you can prove that your injuries were caused by the negligence of someone else, you’ll have grounds for a valid personal injury claim.
If you are wondering about potential injuries from lifting heavy objects, we’ve included some below:
- A strain or sprain injury
- Straining too hard could lead to a hernia injury
- You might injure your back or spinal cord whilst picking up heavy objects
- Your hands could be crushed if a load is dropped on them
- If you drop a load on your foot, it could be broken
There are plenty of other types of injuries that can be sustained in lifting accidents. If we haven’t listed your personal injury above, it doesn’t mean you aren’t eligible to make a claim. Get in touch at any time for free legal advice and we can clarify if you’re eligible for compensation.
Top Tips For Proving Heavy Lifting Injury Compensation Claims
Lifting heavy objects at work may fall under some people’s job description. However, even if this is the case, there are certain safety procedures that need to be followed. If they are not, employees could be injured as a result. Injuries from lifting heavy objects could be traced back to a breach of your employer’s duty of care. This is when they do not take all reasonable steps to make sure you are kept safe at work.
For example, there are certain techniques that employees can be trained on to reduce their risk of injury when lifting heavy objects. If this training is not given, or is not given to an adequate standard, then this could be an example of employer negligence if the employee injures themselves as a result.
However, an important part of establishing negligence is gathering evidence. We’ve included examples of some key pieces that may prove useful during this process. Although, this list is not exhaustive. There are other forms of evidence too.
- Statements from other employees – There may have been others who were also injured due to employer negligence. For example, they may have been asked to move something unreasonably heavy without assistance. These other employees could corroborate your claim by submitting their version of events.
- Visual footage – CCTV cameras are present in some workplaces. If so, you could request the footage. Taking photographs of any injuries and related hazards can also prove useful.
- Medical records – Information such as the date of your treatment and how severe the injury is can be very useful pieces of evidence to both. They can also be relevant to both establishing negligence and the process of valuing your claim.
If you’d like more examples of evidence or would like to know the answer to questions such as whether you can refuse to lift heavy objects at work, get in touch with our advisors.
Time Limit For Claiming If Injured By Heavy Lifting
Heavy lifting injury compensation claims must be made within the time limit set out in the Limitation Act 1980. Generally, you will have three years from the date of the accident to begin the claiming process.
However, in some circumstances, there are exceptions to the limitation period. These include:
- Those without the mental capacity to bring forward a claim themselves. In these cases, an indefinite suspension is applied to the limitation period, and it lasts until they’ve recovered this capacity. During this time, a court-appointed litigation friend can initiate legal proceedings on their behalf. However, if the injured party regains this capacity and a litigation friend did not already act, they will have three years from the date of recovery to launch a claim.
- Children under the age of 18. In these cases, the time limit is frozen until the injured party turns 18. Before this date, a litigation friend can launch the claim on their behalf. However, if the injured party reaches their 18th birthday and a litigation friend did not act for them, they will have three years from this date to start the claiming process.
An advisor from our team can help you get a claim for injuries suffered when lifting a heavy object started.
Compensation For Heavy Lifting Injuries
If your potential heavy lifting injury claim is successful, there are up to two heads of claim that could make up your compensation. These are general damages (awarded in all successful personal injury claims) and special damages (awarded in some successful personal injury claims).
General damages awards compensation for the physical and psychological effects of your heavy lifting injuries. This head of claim takes into account factors such as:
- Pain severity.
- Loss of amenity.
- Length of recovery.
At some point during the claims process, you may be asked to attend an independent medical assessment. Legal professionals can use the reports from this, alongside the Judicial College Guidelines (JCG), to calculate your general damages.
The JCG is a document that has guideline compensation brackets for all sorts of physical and psychological injuries/illnesses.
Guideline Compensation Table
There are some injuries in the table below that could possibly be suffered after lifting heavy objects. The guideline compensation brackets in the table have been taken from the JCG (except for the top figure).
Please remember that no specific amount of heavy lifting injury compensation can be guaranteed for your potential claim, as all claims are unique.
Injury Type Severity Guideline payout
Multiple serious injuries with financial losses Serious Up to £500,000+
Knee Severe (a) (i) £85,100 to £117,410
Severe (a) (iii) £31,960 to £53,030
Moderate (b) (i) £18,110 to £31,960
Back Severe (a) (iii) £47,320 to £85,100
Moderate (b) (i) £33,880 to £47,320
Moderate (b) (ii) £15,260 to £33,880
Neck Severe (a) (iii) £55,500 to £68,330
Moderate (b) (i) £30,500 to £46,970
What Are Special Damages?
Heavy lifting injury compensation claims can include special damages. This is compensation for the monetary effects of your heavy lifting injuries. This can include:
- Loss of earnings.
- Medical bills.
- Travel expenses.
- Domestic and professional care costs.
Because special damages are not awarded in every successful case, it is essential to collect evidence of your monetary losses. Such evidence can be receipts, bank statements, payslips, and invoices.
Contact us to learn more about how your potential heavy lifting injury compensation claim may be calculated.
No Win No Fee Heavy Lifting Injury Compensation Claims
Starting a personal injury claim after lifting heavy objects at work can seem complex and stressful, but one of our solicitors could help on a No Win No Fee basis. With a Conditional Fee Agreement (CFA), you can access the services of a solicitor without paying any upfront fees or ongoing costs.
If your claim succeeds, your solicitor will take a success fee from your settlement. However, this amount has a legislative cap, which means you get to keep the most of what you receive. But, if your claim doesn’t succeed, then you won’t pay a fee.
Using a solicitor for your claim comes with a lot of benefits. For example, a solicitor can help you collect evidence to support your claim, and can explain areas of the process that you may not understand.
Why Choose Us For Your Heavy Lifting Injury Compensation Claim?
At Legal Expert, our solicitors have over thirty years of experience in helping people claim compensation for their injuries. When you get in touch with our team of advisors, they can provide a free evaluation, in which you can receive free legal advice and more help. If your claim is valid, they could potentially connect you with a solicitor from our panel. To get started:
- Call on 0800 073 8804
- Start your claim online
- Use the live chat feature
Learn More About Claiming Heavy Lifting Injury Compensation
- Manual Handling Accident Claims Guide
- How Much Compensation For An Accident At Work?
- HSE Manual Handling Information
- HSE Manual Handling at Work
- Manual Handling Assessment
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Thank you for considering our guide about heavy lifting injury compensation claims.