Welcome to this guide on claiming for workplace injuries caused by manual handling. Accidents at work can happen at any time, and there are a variety of ways they can occur. Manual handling or lifting injuries are among the most common. According to the Health and Safety Executive (HSE) statistics from employers’ reports under The Reporting of Injuries Diseases and Dangerous Occurrences Regulations RIDDOR 2013 for workplace injuries, lifting, carrying, or moving loads made up 18% of all non-fatal reported injuries in 2021/22.
This guide explains how to claim for a manual handling accident in the workplace. Therefore, our first section will be based on when a claim can be made. Here we will focus on the eligibility criteria and define an employer’s duty of care.
To follow this up, we will describe some scenarios where an employee would be able to make an accident at work claim.
It is important to prove your claim. We will discuss the evidence you can begin to collect to support your claim.
Accident at work compensation will be awarded if your claim is successful. Therefore, we have included a table of compensation figures, for example, injuries that could be caused by manual handling.
Although it isn’t necessary to claim with a solicitor, our penultimate section will discuss why we would advise you to use one. In this section, we will also discuss the benefits of using a No Win No Fee agreement.
If you would like, you can speak with an advisor about workplace injuries caused by manual handling. Contact us for free below:
Browse Our Guide
- When Can You Make Manual Handling Injury At Work Claims?
- When Are You Able To Claim For Workplace Injuries Caused By Manual Handling?
- Evidence That Could Help You When Claiming For An Accident At The Workplace
- How Much Accident At Work Compensation Could You Receive?
- Claim For Workplace Injuries Caused By Manual Handling On A No Win No Fee Basis
- Learn More About Claiming For Common Manual Handling Injuries
The eligibility to make manual handling injury claims hinges on whether negligence has occurred.
When seeking to claim for workplace injuries caused by manual handling, there are certain criteria that must be met. This involves proving the following:
- Firstly, you were owed a duty of care.
- Secondly, there was a breach of duty.
- Thirdly, this breach resulted in your injuries.
These criteria summarise negligence.
Who Is Owed A Duty Of Care?
Employers have a duty of care placed on them by the Health and Safety at Work etc. Act 1974 (HASAWA) to protect their employees. Section 2 of HASAWA declares that an employer must take reasonable steps to ensure the safety of their employees and prevent injury at work.
Additionally, Regulation 4 of The Manual Handling Operations Regulations 1992 outlines the duties of an employer in relation to manual handling.
If you have suffered an injury whilst manual handling, which you believe could have been avoided, contact us for free today.
Manual handling can cause musculoskeletal injuries due to the strenuous and repetitive nature of the work. It involves tasks such as lifting, carrying and moving objects at different heights and weights.
Given this information, here are some ways workplace injuries caused by manual handling could be caused:
- Being asked to lift an object that is too heavy. The HSE provides manual handling guidelines that contain instructions for employers to follow when instructing their staff to move heavy objects.
- Lifting an object unsafely. This could be caused by employers providing no manual handling training.
- Employers instructing you to lift heavy objects in an unsafe environment, for example, on a wet floor with no wet floor signs displayed or where there are obstructed walkways where you could be at risk of tripping over cables.
What Is Manual Handling Training?
Employers must provide employees who work in roles involving manual handling adequate training so they can perform the task safely. Some of the aspects of manual handling training include:
- Teaching employees how to lift objects the safest way possible.
- Ways of reducing the risks from reaching, stooping and twisting when performing a manual handling operation.
- Learning to assess whether the task is safe to perform.
- Assessing the environmental conditions of the workplace and ensuring it is as safe as possible before commencing with manual handling duties.
If you haven’t been trained, which, in turn, has resulted in a manual handling injury at work, you may be entitled to compensation. Our advisors can assess your claim and may connect you to a solicitor from our panel.
Evidence is a vital component of a successful claim. You should aim to collect as much evidence as possible to validate your claim. The more sufficient evidence, the stronger your claim. Here are some suggestions of evidence you might want to collect:
- CCTV footage of the accident proving there was negligence.
- A diary illustrating the mental and physical effects of your injury.
- Medical records emphasising the extent of your injury.
- Photographs showing your injury’s severity and the accident site.
- Contact details of eyewitnesses who can make a statement at a later date.
- Reporting your workplace accident in the accident book at work can provide another account of the accident.
One of the services our panel of solicitors provides is helping our clients collect evidence to strengthen their claims. If you would like more information about collecting evidence with the view of using a solicitor’s help, contact our advisors for free today.
Workplace manual handling injury compensation is awarded after a successful claim, consisting of up to two heads. One of the heads is known as general damages. Accounting for the pain and suffering caused by your injury, general damages take into account the injury’s impact on your quality of life and the extent of your recovery.
Below we have provided a table of example guidelines for injuries. These figures are taken from the Judicial College Guidelines (JCG), a tool used by professionals to help value general damages.
|(B) Severe Back Injuries (i)
|£91,090 to £160,980
|Damage to spinal cord and nerve roots causing consequences not normally found in back injury cases.
|(D) Severe Hip/Pelvis Injuries (i)
|£78,400 to £130,930
|Extensive fracture of the pelvis resulting dislocation of a low back joint and a ruptured bladder.
|(K) Severe Knee Injuries (i)
|£69,730 to £96,210
|Injuries leading to ligamentous damage, severe pain and loss of function.
|(J) Severe Leg Injuries (ii)
|£54,830 to £87,890
|Permanent mobility problems, necessitating need for crutches/mobility aids.
|(H) Wrist Injuries (a)
|£47,620 to £59,860
|Complete loss of function.
|(F) Other Arm Injuries (b)
|£39,170 to £59,860
|Injuries resulting in substantial permanent disablement.
|(L) Severe Ankle Injuries
|£31,310 to £50,060
|Extensive period of treatment and residual disability.
|(C) Severe Shoulder Injuries
|£19,200 to £48,030
|Serious brachial plexus injuries causing significant neck symptoms.
|(G) Less serious injuries to the Elbow
|£15,650 to £32,010
|Impaired function not involving major surgery.
|(N) Moderate Foot Injuries
|£13,740 to £24,990
|Displaced metatarsal fractures causing deformity and continuous symptoms.
You must be aware that the figures in this table are guidelines and shouldn’t be taken for guaranteed amounts. Each claim is unique, and the chances are this will be reflected in the value of your claim.
You can speak to a member of our advisory team today to enquire about having a workplace injury claim valued.
Claiming For Financial Losses After A Manual Handling Injury
The other head of claim is known as special damages and aims to reimburse claimants for any past or future financial losses that have been inflicted by the injury. Special damages can include:
- Travel expenses.
- Loss of earnings.
- Medical costs.
Once again, it is important to substantiate these losses with evidence, such as payslips or invoices.
There are many benefits to be found in using a solicitor to support your case, some of which include collecting evidence, presenting your case or explaining complicated legal jargon.
However, you may not have the funding to afford a solicitor. Don’t worry. Our panel of solicitors work on a No Win No Fee basis.
You would only be charged after a successful claim. Should this be the case, your solicitor will take a success fee from your compensation, which is only a small percentage of the overall figure.
Additionally, the percentage is capped by the Conditional Fee Agreements Order 2013, so you won’t be overcharged.
If this sounds like something you are interested in, you should contact our advisors today.
Start Your Claim
Book a free consultation now; if our advisors think you have a claim, they may connect you to a solicitor from our panel who could offer a No Win No Fee agreement. Contact us below:
Find out more information regarding claims for workplace injuries caused by manual handling.
- Manual handling claims process.
- Most common manual handling injuries in the workplace.
- Manual handling claims solicitors.