You may be wondering ‘how can manual handling injuries be prevented in the workplace?’. Employers owe their employees a duty of care to take steps considered both reasonable and practicable as a way to prevent them from becoming harmed at work or as they perform their work-related tasks. We will discuss the steps they must take to uphold their duty of care in further detail throughout our guide.
Additionally, we will discuss when you could be eligible to make a personal injury claim if you experienced harm while manual handling at work because your employer breached the duty of care they owed you. Also, you can find information on the evidence you could gather to support your case later on in our guide.
Finally, we will discuss potential personal injury settlements and look at what they could include and the factors considered when calculating how much you might be owed.
Please get in touch with one of our advisors if you have any other questions. They’re available to offer free advice 24/7. Also, they could perform a free case assessment and if they find you have valid grounds to seek personal injury compensation, could assign a solicitor from our panel to begin working on your claim. To get in touch, you can:
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- How Can Manual Handling Injuries Be Prevented In The Workplace?
- When Are You Eligible To Claim For A Manual Handling Injury?
- Evidence That Could Help You Sue An Employer For Negligence
- Potential Compensation For Manual Handling Injuries
- Claim On A No Win No Fee Basis With Our Panel Of Accident At Work Solicitors
- Learn More About Manual Handling Injury Prevention
The Health and Safety Executive (HSE) is a government agency that helps to enforce health and safety regulations. They define manual handling as transporting or supporting a load by hand or bodily force. This may include carrying, lifting, pushing, pulling, or moving an object, such as a box or a roll cage.
You may wonder ‘how can manual handling injuries be prevented in the workplace?’. Employers owe a duty of care, under the Health and Safety at Work etc. Act 1974, to their employees. As mentioned, they need to take steps considered reasonable as well as practicable to prevent injury to employees.
Additionally, they have more specific responsibilities with regard to manual handling tasks under the Manual Handling Operations Regulations 1992. This states that they need to avoid manual handling tasks where possible. However, if this cannot be done, they need to reduce the risk of injury posed by any manual handling activities. They could do this by:
- Making any loads smaller or easier to hold
- Adapting the workplace as a way to reduce carrying distances and the need for unnatural lifting techniques
- Providing training to employees before instructing them to carry out tasks involving manual handling
A failure to do so could lead to you experiencing harm. In some cases, you may be eligible to seek compensation. To learn more, read on. Alternatively, call an advisor on the number above.
In order to be eligible to make a personal injury claim for manual handling injuries, you need to prove the following:
- Firstly, your employer owed you a duty of care during the time and location of the accident.
- Secondly, this duty of care was breached.
- Finally, you experienced harm, either physical, emotional, or both, as a result of the breach.
This is known as negligence, for which you could seek personal injury compensation.
Examples Of Employer Negligence That Could Lead To A Manual Handling Injury In The Workplace
Below, we have provided examples of how a manual handling injury could be sustained:
- Inadequate training could cause an employee to sustain a back injury due to lifting an object incorrectly.
- The load might be too heavy for one person to safely carry, resulting in back or shoulder injuries.
- The correct equipment for the task may not be provided. For example, a roll cage may be necessary to reduce the risk of injury when moving heavy loads. This could lead to an employee sustaining an arm or neck injury.
- Faulty equipment may be provided. For example, a pallet truck may have faulty wheels. This could result in an employee losing control of the truck, causing crush injuries, such as a crushed toe.
If you have any queries about manual handling claims, please contact one of our advisors using the details at the top of the page.
As part of the personal injury claims process, you will need to collect sufficient evidence that proves employer negligence caused your injuries.
Some examples of evidence that could support manual handling at work claims include:
- The accident log book. This is a legal requirement for workplaces employing ten or more staff members. When reporting an accident at work, it should be filled in with your name, the time and date as well as other details of the accident.
- The contact details of anyone who witnessed the incident so they can give a statement later.
- A copy of your medical records that state the type of injury and the treatment you required.
- Videos of the accident, such as from CCTV footage.
Please get in touch with our advisors to discuss the evidence you could gather to support your work injury claim.
Following a successful accident at work claim, the compensation settlement you are awarded may consist of general and special damages.
General damages compensate for the physical pain and mental suffering caused by your injuries. Legal professionals can refer to the Judicial College Guidelines (JCG) to help them assign value to this aspect of your payout. This is a document that lists guideline compensation brackets for different injury types.
We have included some of these amounts in the following table. Please only use them as a guide.
|The person suffers disabilities, such as continuing severe pain and discomfort from disc lesions, fractures or soft tissue damage.
|£38,780 to £69,730
|A wide variety of injuries are found in this bracket, including a prolapsed intervertebral disc that needs surgery.
|£27,760 to £38,780
|Serious damage to soft tissue injuries in both the back and neck.
|£24,990 to £38,490
|Severe Finger Fractures
|As a result of severe finger fractures, there may be partial amputations causing grip impairments and reduced function.
|Up to £36,740
|This bracket includes less serious hand injuries, such as significantly impaired function from a severe crush injury.
|£14,450 to £29,000
|In this bracket, there could be a long-term risk of osteoarthritis from displaced metatarsal fractures that cause continuing symptoms and permanent deformity.
|£13,740 to £24,990
|In this bracket, the person will suffer from aching in the elbow, sensory and grip problems and restricted shoulder movement due to a dislocation and damage to the lower brachial plexus.
|£12,770 to £19,200
|The person will experience movement limitations and discomfort from frozen shoulder for around two years.
|£7,890 to £12,770
|Crush and multiple fractures affecting two or more of the toes.
|£9,600 to £13,740
Claiming For Special Damages During An Accident At Work Claim
Additionally, your settlement may include special damages. This compensates you for financial losses incurred due to your injury. However, to be able to claim special damages, you will need to provide evidence regarding your losses, such as bank statements and receipts.
Examples of losses you could be compensated for include:
- Your loss of earnings for time spent off work recovering from your injuries. This can include lost pension contributions.
- Medical costs, such as over-the-counter and prescription pain relief as well as physiotherapy.
- Specialised items to cope with your injuries. For example, insoles for your shoes or an orthopaedic mattress.
If you would like to know more about how manual handling at work claims are valued, please get in touch with one of the advisors from our team. They can give you a personalised claim valuation.
When pursuing a claim for an accident at work, you may wish to have the support of a solicitor. If so, one of the accident at work solicitors from our panel could help you. They have years of experience with workplace injury claims.
Additionally, one of the solicitors from our panel may work with you on a No Win No Fee basis by offering their services under a Conditional Fee Agreement (CFA). A No Win No Fee solicitor operating under the terms of a CFA generally won’t ask for ongoing or upfront payments for their services.
If your claim wins, they will take a success fee from your award. The percentage taken as a success fee is limited by the law. However, if your claim does not succeed, you won’t be expected to pay this fee.
Our advisors are here to help you 24 hours a day, 7 days a week. In addition to the free advice and claim valuation services, they can connect you with one of the solicitors from our panel, provided you have valid grounds to seek compensation.
To reach an advisor, you can:
Some more of our guides:
- Hand Injury At Work Claims Guide
- What Are My Rights After An Accident At Work?
- Serious Accident At Work Claims Guide
The following links may also be useful:
We hope this guide has answered the question ‘How can manual handling injuries be prevented in the workplace?’. If you have any other questions, please get in touch using the number above.
Article by AR