This guide aims to answer the question, “what are the best manual handling and lifting techniques?” and address how manual handling injuries can be prevented in the workplace. If you have been injured as a result of your employer’s breach of duty of care, then you could be entitled to claim compensation.
Firstly, we explore how employer negligence could lead to injury. Then we look at the eligibility criteria for pursuing a valid claim. We also discuss the ways that a manual handling injury could impact an employee and the evidence needed to support a claim.
Our guide concludes by exploring the advantages of working with an experienced No Win No Fee solicitor from our panel. For immediate help with personal injury claims after manual handling at work, you can:
- Call us for free on 0800 408 7825
- Contact us about making a claim online
- Use the live chat feature below
Jump To A Section
- What Are The Best Manual Handling And Lifting Techniques?
- What Is Employer Negligence, And How Could It Lead To A Manual Handling Injury?
- Examples Of Potential Compensation From Manual Handling At Work Claims
- Evidence That Could Help You In Manual Handling Claims
- Want To Claim On A No Win No Fee Basis? Contact Us For Free Today
- Learn More About Claiming For A Manual Handling Injury
You might have a valid personal injury claim after a manual handling accident at work if you can prove employer negligence was the cause. Before we discuss eligibility for claims, it’s important to explain what are the best manual handling and lifting techniques.
The Health and Safety Executive (HSE) is Britains’s regulator for workplace safety. They provide guidance on what can be the best manual handling and lifting techniques to avoid harm. They suggest the following:
- Thinking about the size and weight before handling an object
- Ensuring that the load is kept close to the waist as much as possible
- Maintaining a stable position
- Keeping a good hold on the object
- Ensuring that there’s a slight bending of the back, knees, and hips to be used when lifting or carrying
Below we look at examples of how an employer’s negligence could result in injury. To discuss any aspect of the topics addressed so far, please speak to our team for a no-obligation assessment of your claim. You could be connected with a legal representative.
The duty of care that employers owe to those who work for them is outlined in Section 2 of the Health and Safety at Work etc Act 1974 (HASAWA). This states that employers must take reasonably practicable steps to prevent employees from suffering harm as they work. Employer negligence occurs when this duty of care is breached, and injury happens as a result.
The duty of care that employers owe could involve conducting regular risk assessments and maintaining safe work environments, for example. They should also provide appropriate personal protective equipment (PPE) and training to their employees.
To have a valid claim for injury caused by employer negligence, you will need to show that:
- Your employer owed you a duty of care
- They breached this duty
- This caused you physical and/or psychological harm.
Below, are some example scenarios of manual handling injury that could be caused by employer negligence:
- An employee pulls a ligament in their back after being required to lift something they said was too heavy for them.
- An employee is asked to handle something in an area that has been mopped and is still wet, but the hazard is not indicated. A slip or fall could result in a serious back injury.
- An employee is asked to manually move items without correct training. Based on poor lifting techniques, they could drop an item and suffer serious hand injury.
There may be other situations which caused you injury and entitle you to claim compensation. Speak with a member of our team for further guidance on your next step.
If a claim for manual handling injuries in the workplace is a success, it can be possible to receive two heads of damage. The general damages head of your claim aims to compensate for the pain, distress and long-term issues created by the injuries.
To do this, legal professionals can refer to a document called the Judicial College Guidelines (JCG). Below is an excerpt, but it’s important to note these are guideline amounts only:
|Area of Injury
|Crush or surgical amputation cases where all fingers and majority of the palm are removed.
|(c) Total Or Effective Loss Of One Hand
|£96,160 to £109,650
|Injuries which reduce the hand to 50% capacity and leave it clawed and deformed.
|(e) Serious Hand Injuries
|£29,000 to £61,910
|Serious fractures to either one or both forearms leaving significant and permanent residual disability.
|(b) Injuries Resulting in Permanent and Substantial Disablement
|£39,170 to £59,860
|Injury that causes permanent disability, but some useful movement does remain.
|£24,500 to £39,170
|Less severe injuries that cause a degree of permanent disability and pain or stiffness.
|(c) Less Severe
|£12,590 to £24,500
|Torn ligaments and dislocations that cause instability and other mild future disability which speed-up or worsen pre-existing conditions.
|(b) Moderate (i)
|£14,840 to £26,190
|Soft tissue or wrenching-type injuries and disc lesions causing limited movement and recurring pain.
|(b) Moderate (ii)
|£13,740 to £24,990
|Less serious fractures, sprains, and ligamentous injuries. Award level depends on if a complete recovery takes place. Increased risk of long-term osteoarthritis.
|(d) Moderate Injuries
|Up to £13,740
|Frozen shoulder cases that cause limited movement and symptoms for approximately 2 years.
|£7,890 to £12,770
|Fractures and tennis elbow injuries or lacerations that do not cause permanent damage or result in permanent impaired function.
|(c) Moderate or Minor Injury
|Up to £12,590
Claiming For Financial Losses In A Workplace Accident Claim
Special damages are the second head of claim. These relate to the financial harm caused by the injury. Proof such as receipts, invoices and wage slips could be used to demonstrate the following, which could then be included in this head of a claim:
- Loss in earnings
- Medical treatment costs
- Adaptations to your home or vehicle
- Travel expenses
Get in touch on the number above to learn more about how a personal injury solicitor from our panel could help you collect evidence in support of your claim.
Evidence is important for proving that employer negligence was the cause of your injury. The following forms of evidence can help to support your claim:
- Obtain CCTV footage of the accident
- Take photos of the injuries and the cause
- Ask any witnesses who are willing to provide a supporting statement for their contact details
- Collect medical evidence of injuries such as GP’s and specialists’ reports, X-rays and proof of prescriptions
- Keep a personal diary that details your mental state and notes key treatments needed.
Collecting evidence is an integral part of a personal injury claim. If you would like help to do this, speak to our team. If you have a strong claim, a member of our panel could take up your manual handling compensation claim to help.
If you are interested in working with a solicitor, start by speaking to our team. After a brief and friendly assessment of your claim, they could put you in touch with a personal injury solicitor who offers No Win No Fee agreements. A typically offered version can be the Conditional Fee Agreement (CFA) which benefits claimants in the following ways:
- A CFA does not require you to pay any upfront or ongoing fees for the solicitor’s services
- Claims that do not succeed typically mean that the solicitors ask for no fees for completed work.
- A claim that sees a successful conclusion requires a small amount to be deducted from the compensation award. This is subject to a legislative cap which means the claimant receives the majority of the damages.
If you would like to benefit from advantages like these, get in touch to see if you are eligible. We could help you start your personal injury claim when you:
- Call us for free on 0800 408 7825
- Contact us about making a claim online
- Use the live chat feature below.
In addition to reading on what are the best manual handling and lifting techniques, the following articles can help:
- How to claim for a manual handling injury in the workplace
- What are the most common manual handling injuries in the workplace
- Information on personal injury fees and payments
Some external resources may help:
- Some advice about statutory sick pay from the government
- Information about back pain from the NHS
- Manual Handling Operations Regulations 1992
Article by EA