You may be wondering, “how can manual handling cause back injuries?”. This guide will aim to answer this question. We will also look at the ways in which an employer could breach the duty of care they owe and how this could lead to your injury.
Also, we will cover the importance of evidence to support your claim and look at how injuries are valued. Later in this guide, we include a table of different types and severities of injuries to illustrate this.
Furthermore, this guide will outline the benefits of working with a No Win No Fee lawyer when you make a claim. We have a panel of solicitors who may be able to represent you in your case on these terms.
If you pursue an accident at work claim, our panel of solicitors may be able to help. You can contact our team today by:
- Calling them on 0800 408 7825
- Contact us using our call back form
- Use the live chat function on our site
Browse Our Guide
- How Can Manual Handling Cause Back Injuries?
- How Could A Manual Handling Injury Be Caused By Employer Negligence?
- Potential Evidence That Could Help You Claim For A Back Injury
- How Much Compensation Could You Receive From Manual Handling Claims?
- Claim For A Manual Handling Injury On A No Win No Fee Basis
- How Can Manual Handling Cause Back Injuries? – Find Out More Below
You could pursue a claim if you suffer manual handling back injury due to an employer breaching the duty of care they owe you. But, you must have suffered an injury due to their negligence to have a valid personal injury claim.
The HSE provide examples of potential causes of back pain at work, including:
- Lifting objects that are too heavy.
- Lifting and carrying in awkward positions
- Not receiving training before completing a manual task.
An injury from back pain could lead to several conditions, like:
- Muscle strains
- Slipped discs
- Broken bones
Furthermore, these injuries could result in chronic or persistent back problems that impact your quality of life, such as:
- Muscle spasms
- Shooting pains
The above should help answer the question, ‘How can manual handling cause back injuries?’. If you need further assistance about claiming after an accident at work caused a back injury, contact our team of advisors.
To make a successful claim for a back injury at work, three elements must be satisfied.
- Firstly, you must establish that your employer owed you a duty of care, found in the Health and Safety at Work etc. Act 1974. This outlines that employers must take reasonable steps to protect employees’ safety. The Manual Handling Operations Regulations 1992 sets out some of the safety requirements that specifically apply to manual handling tasks.
- Secondly, you must show that your employer has breached their duty of care.
- Finally, you must prove that your injuries were caused by your employer’s breach of their duty of care.
Examples of Employer Negligence
Below you can find examples of how employer negligence could result in a manual handling back injury:
- An employer may fail to take into account your capability when assigning you a manual handling job. They make you lift an object that is too heavy, resulting in a hand injury and a knee injury.
- An employer must provide you with manual handling training if it is necessary to complete your job safely. If they fail to teach you about proper manual handling techniques, you could be injured.
- Furthermore, employers need to carry out risk assessments to identify and address risks in the workplace. If your employer does not carry out a risk assessment, you could sustain a head injury as a result of an accident that happens.
Is There A Work Injury Claim Time Limit?
If someone does not have the mental capacity to pursue their own claim, a litigation friend could be appointed to act for them, and no time limit would apply while they’re unable to make their own claim. If the claimant becomes able to make their own claim, then the three-year time limit would resume from this date.
To find out more about the exceptions that could apply to this three-year time limit, speak with a member of our team today. If you have a valid claim, you could be put in contact with a lawyer from our panel to work on your case.
It is important to consider evidence when making a claim. You should receive medical attention following an accident, which can generate reports that you can use as proof; however, there are other forms of evidence you could obtain.
For example, you can:
- Request CCTV footage of yourself if the accident was caught on CCTV.
- Record a diary of your treatments and symptoms to help track your condition.
- Take photographs of your injury and the accident site.
- Acquire the contact details of witnesses who can provide statements.
If you require assistance collecting evidence to build your case, contact our team of advisors. They may be able to connect you with one of the solicitors from our panel who can help you collect evidence.
If your claim is successful, you could be awarded up to two forms of compensation to make up your settlement.
The first is general damages, which are awarded in all successful claims. General damages compensate you for the pain and suffering caused by your injuries. The compensation accounts for factors including:
- The impact your injuries have on your quality of life.
- Loss of enjoyment as a result of your injuries.
- The recovery timeframe following your accident.
To help work out how much compensation you could receive, solicitors will use the Judicial College Guidelines (JCG). The JCG outlines the level of compensation you might receive depending on the type and severity of your injuries. Solicitors may also use your medical records to help with their valuations by comparing them to the descriptions outlined in the JCG.
Examples of JCG excerpts for different injuries can be found in the table below:
|Severity and notes
|Severe Back (a) (i)
|£91,090 to £160,980
|Nerve and spinal cord damage. Severe pain, partial paralysis..
|Severe Back (a) (ii)
|£74,160 to £88,430
|Nerve root damage with lost sensation and impairment of mobility.
|Severe Back (a) (iii)
|£38,780 to £69,730
|Damage of discs causing chronic issues, leaving ongoing disabilities.
|Moderate Back (b) (i)
|£27,760 to £38,780
|Crush fractures and osteoarthritis. Ongoing disabilities of a lower severity than those that apply in more serious cases.
|Moderate Back (b) (ii)
|£12,510 to £27,760
|Backache from ligament or muscle damage, soft tissue injuries or prolapsed discs.
|Minor Back (c) (i)
|£7,890 to £12,510
|Strains and sprains that you will fully or almost completely recover from within two to five years.
|Minor Back (c) (ii)
|£4,350 to £7,890
|Similar symptoms to the bracket above, but with recovery within one to two years.
|Minor Back (c) (iii)
|£2,450 to £4,350
|Recovery without surgery is expected within three months to one year.
|Minor Back (c) (iv)
|Up to £2,450
|A full recovery within 3 months.
|Moderate Neck (c) (iii)
|Up to £2,450
|Moderate soft tissue injuries where the recovery is protracted and the injured person is vulnerable to future trauma.
Can Special Damages Contribute To My Back Injury Claim Amount?
In addition to general damages, you could be awarded special damages. Special damages differ from general damages as they are not guaranteed in a successful claim.
Special damages compensate you for a reasonable level of past and future financial losses you incur because of your injury. This compensation covers losses such as:
- Lost earnings from being unable to work.
- Travel costs due to being unable to drive.
- Medical expenses from the treatment you receive to recover.
Furthermore, if you miss an event due to injury, you can recover the costs under special damages. You can also be compensated for the enjoyment lost from missing the event under general damages.
Because special damages are not guaranteed, keeping evidence of your losses will increase your chances of them being awarded. Evidence could include:
- Payslips that prove your future earning losses.
- Travel tickets showing public transport you used due to you being unable to drive.
- Receipts and invoices that prove the costs of your medical treatments.
One of the solicitors from our panel could help ensure that your special damages cover all areas of your loss. Please contact our team today to see if you have a valid claim.
When pursuing a claim for a back injury at work, you might choose to do so with a No Win No Fee lawyer. Our panel of solicitors offer a form of this kind of agreement called a Conditional Fee Agreement, which means that:
- You will not be required to pay anything upfront.
- No running costs will be needed while your claim is ongoing.
- If your claim is unsuccessful, you will not be required to pay any legal costs for the work your lawyer has done.
- Following a successful claim, No Win No Fee solicitors take only a small, legally capped portion of your compensation. This is commonly referred to as a ‘success fee’.
Our panel of solicitors have lots of experience and have dealt with previous cases involving back injuries from manual handling. If you would like further assistance, please contact our team by:
We hope you have found this guide helpful and that it has answered the question, ‘how can manual handling cause back injuries?’.
Here you can find more of our articles:
- Claiming For An Eye Injury At Work
- How Long After An Accident At Work Can I Claim?
- How to Prove A Personal Injury Claim
Here you can find some helpful external resources:
- Manual Handling at Work – An HSE guide
- Statutory Sick Pay – For more information on statutory sick pay when you’re unable to work
- NHS Advice – When To Call 111
Article by IG