This guide offers insight into how manual handling claims solicitors could help you seek personal injury compensation and the particular services they could offer. It’s important to note that in order to be eligible to make a personal injury claim, you need to satisfy a set of criteria. If these are met, a solicitor may take on your case and guide you through the different stages of the claims process. We will explore the eligibility criteria further in our guide as well as discuss the steps you can take to support your case, such as gathering evidence.
Manual handling refers to moving objects by bodily force, such as lifting, carrying and dragging.
Employers have a responsibility to reduce the potential risk of manual handling activities. If they fail to uphold their responsibility, it could lead to a manual handling accident in the workplace in which you suffer harm. We will explore the responsibilities your employer has in more detail throughout our guide.
Additionally, we will discuss personal injury settlements, including what they could consist of and how they may be calculated.
Finally, our guide will conclude with information on the benefits of working with solicitor offering their services on a No Win No Fee basis.
If you would like to learn more or discuss your potential claim, you can get in touch with our advisors. To reach them, you can:
Choose A Section
- Manual Handling Claims Solicitors – How Can They Help?
- Eligibility Criteria For Manual Handling Claims
- How Much Compensation Could You Receive From A Workplace Accident?
- Evidence That Could Help You Claim For Different Manual Handling Injuries
- Use Our Panel Of No Win No Fee Manual Handling Claims Solicitors To Claim Today
- Learn More About Manual Handling Claims
Manual handling claims solicitors should have experience working on personal injury cases for manual handling injuries sustained in the workplace. When choosing a solicitor to represent your case, it is important to look at the experience they have as well as the services they could offer. As such, you are not limited to local solicitors and, instead, could work with a solicitor from our panel who can offer their services nationwide.
Below are some of the ways they can help:
- They can assist you in collecting evidence and building a thorough case, including speaking with potential witnesses to collect their statements.
- Using evidence provided in support of your claim, they can value your settlement.
- They can advise on the timescale and progress of your claim.
- They can ensure your claim is brought forward within the limitation period.
If you are interested in working with a solicitor from our panel, contact an advisor by using the number above. After performing a case assessment, they can determine whether you’re eligible to pursue a personal injury claim. If you are, they may connect you with a solicitor.
There are three main requirements to fulfil in order to have valid grounds to begin a personal injury claim following a manual handling accident in the workplace. As such, you need to prove the following:
- That you were owed a duty of care by your employer.
- Your employer breached the duty of care they owed you.
- You experienced psychological harm, physical injuries, or both, because of the breach.
The above points constitute negligence, for which compensation could be sought.
The duty of care your employer owes is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). It states employers need to take steps considered reasonable and practicable to prevent harm to employees whilst they are in the workplace or performing their work-related duties.
Additionally, the Manual Handling Operations Regulations 1992 states that employers need to avoid any manual handling activities, so far as is reasonably practicable for them to do so. However, where this can’t be avoided, they need to either remove the risk involved with manual handling tasks or reduce the risk it poses. To do this, they can:
- Conduct a risk assessment and put measures in place to address any hazards found.
- Provide adequate manual handling training to employees.
- Adjust the environment to avoid the need for any awkward positions and to reduce the risk of trip hazards.
A failure to do so could mean you sustain an injury in the workplace while carrying out a manual handling task.
Examples Of Employer Negligence That Could Lead To A Manual Handling Injury
It’s important to remember that not all manual handling injuries will be caused by employer negligence. Below, we have provided examples of manual handling injuries that could be sustained in the workplace and how they could occur:
- An employer may have failed to perform a risk assessment, resulting in you lifting an object over the weight for your height. This may have caused you to experience frozen shoulder and neck injury.
- An employee may not have been provided with any manual handling training resulting in them lifting objects with a poor technique. This may have caused a soft tissue injury in the back and an injury to the arm and wrist.
To discuss your specific case and find out whether you could be eligible to seek compensation for a manual handling injury, get in touch on the number above. They can also assess whether one of the manual handling claims solicitors could take on your case.
Following the completion of a successful personal injury claim, you could be awarded a settlement that comprises compensation for:
- The way your injuries have impacted your quality of life with consideration given to your emotional pain and physical suffering. This is awarded under general damages.
- The financial losses you have incurred due to your injuries. This is awarded under special damages.
In order to calculate the general damages portion of your claim, legal professionals can use a document called the Judicial College Guidelines. This is a publication that contains a list of guideline award brackets for different types of injuries.
You can find some of these figures in the table below. However, you should only use them as a guide, because each settlement is calculated based on the unique circumstances of your case.
Guideline Award Brackets
|Award Bracket – Guideline
|(b) Serious Damage To Both Hands
|£55,820 to £84,570
|Injuries cause a significant loss of function and permanent cosmetic disability.
|(g) Less Serious
|£14,450 to £29,000
|A severe crush injury that causes function to become significantly impaired.
|(a) Severe (iii)
|£38,780 to £69,730
|Chronic conditions from soft tissue injuries.
|(b) Moderate (i)
|£27,760 to £38,780
|Damage to an intervertebral disc with irritated nerve roots and reduced mobility.
|(a) Severe (iii)
|£45,470 to £55,990
|Severe damage to the soft tissues with ruptured tendons causing conditions of a chronic nature and a permanent and significant disability.
|(b) Moderate (i)
|£24,990 to £38,490
|There will be soft tissue injuries of a serious nature affecting both the neck and the back.
|(c) Less Severe Injury
|£19,200 to £39,170
|Despite significant disabilities, recovery of a substantial degree takes place, or is expected to happen.
|(b) Significant And Permanent Disability
|£24,500 to £39,170
|Despite a disability of a significant and permanent nature, some useful movement remains.
|£12,770 to £19,200
|A rotator cuff injury with ongoing symptoms after surgery as well as soft tissue injuries with intrusive and permanent symptoms.
|(c) Moderate Or Minor Injury
|Up to £12,590
|Injuries that don’t cause any permanent damage or function impairment.
Claiming For Financial Losses As Part Of Your Accident At Work Compensation
As mentioned, you could receive compensation for the financial losses you have experienced as a result of your injuries under special damages. Examples of the costs you could claim back under this head include:
- Loss of earnings
- Medical expenses
- Travel costs
- Care costs
Evidence, in the form of receipts, payslips and invoices, could prove any losses.
For a personalised estimate of the award you could receive following a successful claim, please get in touch on the number above.
Evidence can help prove liability as well as provide details on the nature of your injuries and the extent to which they impacted your life. One of the manual handling claims solicitors from our panel could help you gather:
- CCTV footage which shows the accident
- The contact details of any witnesses who could give a statement at a later date
- Medical evidence, such as X-ray scans and proof of prescribed medications
- A diary which records any treatment you needed as well as your physical and mental state
- Photos of your injuries and the accident site
If you would like to find out more about the ways in which a solicitor could benefit you and your claim, contact an advisor on the number above.
The manual handling claims solicitors on our panel can offer their services in a No Win No Fee capacity. This means they may offer you a contract that allows you access to their services without having to pay upfront or for the duration of your claim. This contract is known as a Conditional Fee Agreement (CFA).
Additionally, under a CFA, there is no requirement to pay your solicitor for their work if the claim fails.
If the claim completes successfully, you will pay a success fee to your solicitor. This will be deducted from your compensation as a percentage. However, the law caps how much they can take.
To find out more:
For more of our guides:
- More on how to claim after a workplace injury.
- A guide on when you could claim if you tripped and fell in the workplace.
- Information on how long you have to claim for an accident at work.
For more external resources:
- Reducing the risk of injury when manual handling – Health and Safety Executive
- When to call 111 – NHS
- Statutory sick pay – GOV
Thank you for reading this guide on how manual handling claims solicitors could help you. If you have any other questions, get in touch using the details above.
Article by EA