A Guide To Workplace Manual Handling Compensation Claims

In this guide, we will be discussing when workplace manual handling compensation claims could be made on the basis of employer negligence. If your employer breached the duty of care that they owed to you at the time of your accident at work, and this caused you to suffer manual handling injuries, you may be eligible to make a personal injury claim, as this is negligence. 

Workplace Manual Handling Compensation Claims

Workplace Manual Handling Compensation Claims Guide

Throughout this guide, we will explain the duty of care that all employers owe their employees, and provide you with information on the relevant legislation outlining this.

What’s more, we will discuss how a personal injury settlement could be calculated. And explain the different types of evidence you could provide to support your potential accident at work claim.

Also, if you would like to learn more about using a No Win No Fee solicitor, continue reading this guide. You can also ask any questions in regards to your accident at work claim by talking to one of our helpful advisors. They can provide free advice and insight into the workplace accident compensation you may be eligible to claim.

Contact us by:

  • Entering your details into the ‘contact us’ form on our website
  • Calling us on 0800 408 7825
  • Typing to a member of our team via the live support window below

Choose A Section

  1. When Are You Eligible To Make Workplace Manual Handling Compensation Claims?
  2. How Much Compensation Could You Receive From Manual Handling At Work Claims?
  3. How Could A Manual Handling Accident Be Caused By Employer Negligence?
  4. Potential Evidence When Making A Claim For An Accident At Work
  5. Sue An Employer For Negligence On A No Win No Fee Basis
  6. Read More About Making Workplace Manual Handling Compensation Claims

When Are You Eligible To Make Workplace Manual Handling Compensation Claims?

Workplace manual handling compensation claims could be made in cases where employer negligence has occurred. Below we will outline the definition of employer negligence, on which basis you may be eligible to make a personal injury claim:

  • Your employer owed you a duty of care at the time and place your accident occurred.
  • Your employer breached this duty of care.
  • This breach of duty caused you to sustain mental harm, physical injuries, or both. 

As set out by the Health and Safety at Work etc. Act 1974 (HASAWA), employers have a duty to take reasonably practicable steps to ensure that their employees are safe at work.  This duty of care involves taking steps such as risk assessments, providing employees with proper training and ensuring maintenance is performed within a reasonable time frame. 

To learn more about eligibility for making workplace manual handling compensation claims, you can contact a member of our team using the information provided above.

How Much Compensation Could You Receive From Manual Handling At Work Claims?

For a successful personal injury claim made after a manual handling accident at work, the compensation award can consist of up to two heads of claim. These are called general damages and special damages.

The first head of claim, general damages, can compensate successful claimants for pain and suffering that they have experienced due to physical injuries and/or any mental harm that they have sustained.

Manual handling claim solicitors can use the Judicial College Guidelines (JCG) to help them calculate the value of general damages. Therefore, we have also used this document to create the table below. Note that this table is a guide and not a guarantee, all accident at work claims have unique details that determine the award. 

Guideline Compensation Table

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Injury Severity Compensation Notes
Back Injuries Severe (a) (i) £91,090 to £160,980 Cases involving damage to the person’s spinal cord and nerve roots which lead to a combination of very serious consequences.
Back Injuries Severe (a) (ii) £74,160 to £88,430 Cases involving special features such as nerve root damage with connected loss of sensation, bladder and bowel function impairment, and further problems.
Back Injuries Moderate (b) (ii) £12,510 to £27,760 Frequently encountered injuries to the back, such as disturbances to the ligaments and muscles, which give rise to backache.
Back Injuries Minor (c) (i) £7,890 to £12,510 There will be a full recovery or a recovery made to nuisance level in 2 – 5 years with no surgery.
Knee Injuries Severe (a) (iii) £26,190 to £43,460 Injuries resulting in disability that is less severe. Continuing symptoms may include discomfort, pain and limited movement.
Arm Injuries Less Severe (c) £19,200 to £39,170 The injury caused significant disabilities. However, a substantial amount of recovery will have occurred or will be expected.
Elbow Injuries Less Severe (b) £15,650 to £32,010 Injuries will impair function but won’t involve major surgery or disabilities of a significant nature.
Wrist Injuries Less Severe (c) £12,590 to £24,500 There will be some permanent disability. For example, some degree of stiffness and pain that persists.
Foot Injuries Modest (g) Up to £13,740 Injuries, such as simple metatarsal fractures, where there are continuing symptoms, for example, a permanent limp.
Shoulder Injuries Moderate (c) £7,890 to £12,770 Cases of a frozen shoulder with symptoms, such as limited movement and discomfort, persisting for around 2 years.

Special Damages In A Work Injury Claim

Special damages is the second head of claim that could be awarded in a successful personal injury case. This aims to reimburse claimants for any financial losses experienced as a result of the injuries. This can include:

  • Cost of care
  • Loss of earnings
  • Medical expenses
  • Cost of travel
  • Cost of housing adaptations

You will have to provide evidence to support a claim for special damages. This could be in the form of bank statements, payslips, invoices, and receipts. 

Please contact our team to discuss estimates of workplace manual handling compensation claims settlements in connection with your potential case.

How Could A Manual Handling Accident Be Caused By Employer Negligence?

Employer negligence could lead to workplace manual handling compensation claims in various ways, for example:

  • Your employer instructs you to perform a manual handling task. However, they fail to provide you with any manual handling training. This results in you not using the correct lifting technique and sustaining a back injury
  • An unsafe work environment leads to you slipping on a wet floor whilst carrying goods. This is caused by a leaking pipe which had been previously reported as a hazard. Your employer had a reasonable amount of time to repair this leak but has not done so, leading to your injuries. 
  • You have made your employer aware that you have a pre-existing back condition. However, they fail to consider this when tasking you with a manual handling operation. This leads to a significant exacerbation of your condition.

If you’re unsure whether you could have valid grounds to make a workplace manual handling compensation claim, contact our team of advisors for a free consultation pertaining to your case.

Potential Evidence When Making A Claim For An Accident At Work

A crucial part of the workplace manual handling compensation claims process involves gathering evidence to prove that employer negligence occurred. The various types of evidence you could obtain to prove this include:

  • CCTV footage of the accident
  • A diary you have kept of your treatment and symptoms
  • Copies of your medical records
  • Photographs of any visible injuries and the accident site
  • The contact details of any potential witnesses

A solicitor can also help you to gather and compile evidence to support your claim. To learn more about the personal injury claim process, speak to a member of our team today.

Sue An Employer For Negligence On A No Win No Fee Basis

Providing that you have an eligible case, you could choose to use a No Win No Fee solicitor specialising in manual handling accident at work claims. By doing so, you could be presented with the offer to enter into a Conditional Fee Agreement (CFA). 

This could provide you and your claim with multiple benefits. When making a claim under a CFA, you won’t be required to pay any upfront or ongoing fees for the services your solicitor provides. What’s more, in the case that you’re unsuccessful in your claim, you generally won’t have to pay at any time for your No Win No Fee solicitor’s services. 

Alternatively, in the case that you’re successful in making your claim, your No Win No Fee solicitor can deduct a success fee from the compensation. This is a legally capped percentage which you will discuss with your solicitor before you enter the agreement. 

If you have more questions, such as ‘how long do you have to claim for an accident at work?‘. Then you can call us using the following contact information. They can provide you with further information regarding workplace manual handling compensation claims.

Contact us by:

  • Entering your details into the ‘contact us’ form on our website
  • Calling us on 0800 408 7825
  • Typing to a member of our team via the live support window below

Read More About Making Workplace Manual Handling Compensation Claims

If you’d like to learn more about workplace injury claims, you can read more of our guides below:

Alternatively, you can use the following links to learn more:

Thank you for reading our guide on when employer negligence could lead to workplace manual handling compensation claims. If you would like to make an enquiry, please don’t hesitate to do so using the contact details provided.

Article by OO

Publisher EX/ET