In this guide, we will explore the process of making a claim if no manual handling risk assessment in the workplace caused an accident in which you were injured. Our guide provides information on factors such as how your injuries are valued and evidence that would be useful to obtain when making a claim.
Furthermore, we will address how your employer should act in order to adhere to the duty of care they owe you. Finally, this guide will look at some of the advantages of working with a No Win No Fee solicitor.
If you’ve experienced a manual handling injury that was the fault of your employer, get in touch to see if you could be entitled to a claim. Speak to one of our advisors, and you may be connected with one of the expert personal injury solicitors from our panel.
Choose A Section
- Could You Claim If There Was No Manual Handling Risk Assessment In The Workplace?
- How Could Employer Negligence Lead To A Manual Handling Injury?
- What Accident At Work Compensation Could You Receive?
- Evidence That Could Help In Manual Handling Claims
- Use Our Panel Of No Win No Fee Solicitors To Make A Serious Injury Claim
- Learn More About Claiming For A Manual Handling Injury
You may be eligible to make a claim if you have been injured in a workplace accident because there was no manual handling risk assessment carried out. Manual handling involves using bodily force or your hand to push, pull, carry, lift or move something.
The Health and Safety at Work etc. Act 1974 states that employers have a responsibility to take reasonable steps to prevent injuries to those who they employ. These steps could include, for example, carrying out risk assessments for tasks or providing staff with adequate manual handling training. If this is not done, and you’re injured as a result, you could be entitled to claim.
Furthermore, the Manual Handling Operations Regulations 1992 set out some specific requirements in relation to manual handling. For example, it asks that employers avoid manual handling that poses a risk of injury, where this is reasonably possible.
If this isn’t possible, it states that risk assessments should be carried out, and the results should be acted on. Employees should be given precise information on the weight of a load, and the heaviest side of the load if the load’s centre of gravity is not centrally positioned.
If you would like to see if you have a valid claim, call one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel if your claim is valid.
There are many ways in which a workplace injury can happen because no manual handling risk assessment in the workplace was carried out. We’ve outlined some examples below:
- You could slip and fall when you are asked to carry a load over a floor with an unsuitably slippery surface This causes you to sustain a leg injury and an injury to your back.
- You could be asked to lift an object that is too heavy for you to carry. In a risk assessment, the capability of the person undertaking the task should be assessed. You could sustain a knee injury if an assessment isn’t done.
- You’re asked to carry a large, bulky object across the floor, which prevents you from seeing over it. This means you’re unable to see a tissue that someone has dropped on the ground while walking ahead, and you slip and fall on this. This causes a shoulder injury and a broken ankle.
Please note, employer negligence must be proven in order for an accident at work claim to be made. Simply call one of our advisors today to discuss your potential manual handling claim.
If your claim is successful, you may receive two heads of claim – general damages and special damages. The first of these, general damages, compensate you for the pain and suffering you’ve endured as a direct result of the accident in which you are injured. The extent of your injuries and the impact they have had on your quality of life will be taken into account when the value of this head is calculated.
Legal professionals, such as solicitors, refer to the Judicial College Guidelines to determine the value of this head of personal injury claims. This publication contains compensation guideline brackets for different injuries. Please note, these figures should be used as a guideline, they aren’t guaranteed.
Judicial College Guidelines
|Severe Arm Injury
|Injuries which just fall short of amputation but leave the injured person not much better off than if the arm was lost.
|£96,160 to £130,930
|Less Severe Arm Injury (c)
|There will have been significant disability but full recovery has happened or will happen
|£19,200 to £39,170
|Severe Back Injury (iii)
|Soft tissue injuries, lesions to discs or fractures. Despite surgery, chronic conditions persist.
|£38,780 to £69,730
|Moderate Back Injury (ii)
|Injuries to ligaments and muscles that cause backache, for example.
|£12,510 to £27,760
|Serious Leg Injury (iii)
|Serious fractures that cause instability with a long period of treatment
|£27,760 to £39,200
|Less Serious Leg Injury (ii)
|Simple fracture to femur that doesnt cause any damage to the articular surface.
|£9,110 to £14,080
|Despite surgery, lasting pain and limitation of activities persists.
|£14,900 to £24,170
|Chance of reoccurrence of a direct inguinal hernia after it’s been repaired
|£7,010 to £9,110
|Severe Toe Injury (c)
|Crush injuries that require amputation of one or two toes (excluding the great toe). Could also include injuries causing nerve damage.
|£13,740 to £21,070
|Moderate Toe Injury (e)
|Fracture and lacerations on one or more toes.
|£9,600 to £13,740
Seeking Special Damages Compensation In Manual Handling At Work Claims
If you’ve had no manual handling risk assessment in the workplace and this has caused you to be injured, you could be entitled to receive special damages as part of a successful claim. This can include past and future losses.
Special damages could also include:
- Medical costs
- Travel costs
- Home or vehicle changes if necessary
Providing proof can strengthen a claim for special damages. If you would like an assessment of your claim’s value, or guidance on the kinds of evidence you could collect, speak with a member of our team today.
When seeking compensation, collecting evidence to prove that your injury was caused by employer negligence can be helpful. Useful evidence could include:
- CCTV footage that captured the incident
- Photographs of your injury or the accident site
- Medical records, such as X-rays
- Witness contact details from anyone willing to give a statement if needed
- A diary which includes a record of symptoms, treatments and the extent your injuries have had on your quality of life
You may require assistance with collecting evidence for your potential claim; if so, why not let us help you? Speak to one of our advisors if no manual handling risk assessment in the workplace has caused you to sustain injuries.
If you work with a lawyer in your claim, you might choose to do this under a Conditional Fee Agreement (CFA); this is a type of No Win No Fee agreement. This offers you access to their services without any upfront costs. Further benefits include:
- There are no costs to pay while the claim is ongoing
- If your claim is unsuccessful, you don’t have to pay for the work they have carried out
- Your solicitor will only take a legally restricted, small percentage of your compensation if your claim is successful, called a success fee
If there was no manual handling risk assessment in the workplace and this resulted in an accident that injured you, speak with a member of our team today. You could be connected with a No Win No Fee lawyer from our panel.
For more information:
Below, you’ll find links to some of our other guides that may be helpful:
A guide explaining how to make a pallet accident injury claim
Information on how a hand accident at work compensation is valued
A guide on how to claim for a broken bone accident at work
We have included external resources that we think you may find useful:
HSE guide regarding manual handling at work
The government provide a page on statutory sick pay
NHS information on sustaining a head injury
You may have further questions about claiming after a failure to carry out a manual handling risk assessment in the workplace has left you injured. If so, get in touch with our team today.
Article by AW