Manual handling claims involve claimants taking legal action against their employer for the injuries they have suffered due to their employer’s negligent actions or inactions. A manual handling injury can range from a broken toe to a herniated disc, and both deserve to be compensated for. Additionally, they can lead to various financial losses, such as lost income due to time off work.
Here at Public Interest Lawyers, our advisors are on standby, ready to answer any questions you may have. Notably, they can assist you with a diverse range of topics, including compensation estimates, eligibility assessments, and FAQs on how to claim. Importantly, our solicitors offer their legal services on No Win No Fee terms to eligible claimants. If our panel’s legal representation sounds like a good fit for you, please don’t hesitate to get in touch with our team of advisors today.
Jump To A Section
- What Are Manual Handling Claims?
- What Is Classed As Manual Handling In The Workplace?
- How Might Negligence Result In A Manual Handling Injury?
- Can I Make A Manual Handling Injury Claim?
- How Much Manual Handling Injury Compensation Could I Get?
- What Will I Need To Prove Fault For My Handling Injury?
- Is There A Time Limit For Making Manual Handling Compensation Claims?
- Why Choose To Claim For Manual Handling Injuries With Public Interest Lawyers?
- No Win No Fee Manual Handling Injury Claims
- Learn More
What Are Manual Handling Claims?
Manual handling claims are when claimants take legal action against a third party whom they believe performed a negligent action or series of actions which directly caused their injury.
Some examples of manual handling injuries are:
- Sprains and strains to the back, neck and shoulders
- Herniated discs
- Hernias
- Crushing injuries
- Broken bones
- Lacertations
- Hand and foot injuries
Manual Handling Operations Regulations 1992 (MHOR)
The Manual Handling Operations Regulations 1992 (MHOR) provide guidance for employers, managers and safety representatives on manual handling and can also be a useful resource for employees.
Specifically, employers must comply with this legislation to assess and reduce the risk of injury from manual handling.
If you would like to talk about this piece of legislation or manual handling claims in more detail, please speak to one of our advisors today.
What Is Classed As Manual Handling In The Workplace?
Manual handling in the workplace is classed as any task that involves supporting or transporting a load using bodily force, such as lifting or lowering objects.
Other manual handling actions can include:
- Pushing
- Pulling
- Carrying
- Holding or restraining
- Supporting
- Throwing or putting down
If you have sustained a manual handling injury as a result of one of the above actions, please speak to one of our advisors today to see if you could be eligible to claim compensation.
How Might Negligence Result In A Manual Handling Injury?
Negligence might result in a manual handling injury in numerous ways, ranging from an employer failing to implement necessary workplace safeguards to failing to provide employees with proper training.
Some more examples of employer negligence are:
- Failing to provide necessary personal protective equipment (PPE), such as grip gloves and safety boots, despite the need for them being identified
- Ignoring reported hazards, such as shelves overstacked or stacked incorrectly
- Failing to maintain equipment, such as lifting hoists
- Fostering an unsafe working environment, such as asking employees to lift things that are too heavy
- Endangering employees by telling them to work excessive hours, leading to poor decision-making due to fatigue
If you have experienced any of the above examples, please get in touch today to see if you can claim compensation.
Can I Make A Manual Handling Injury Claim?
Yes, you can make a manual handling injury claim if you are able to prove that your employer was negligent and this directly caused you to suffer an injury.
Specifically, manual handling claims must satisfy the following eligibility requirements:
- You were owed a duty of care: To have an eligible manual handling claim, you must have been owed a duty of care by your employer. This is a legal responsibility to ensure your reasonable health and safety. Bluntly, your employer must have taken reasonable steps to ensure your safety while you were working, as set out within the Health and Safety at Work etc. Act 1974.
- This duty of care was breached: This duty of care must have been breached by your employer in some way. For example, failing to provide you with lifting hoists for heavier loads that cannot be carried by hand.
- The breach caused you to suffer a manual handling injury: You must have suffered a physical injury and/or psychological injury in order for your manual handling claim to be valid. Notably, this can range from a minor injury, such as a broken finger, to a long-term, debilitating injury, such as spinal cord damage.
Would you like some peace of mind by having your manual handling claim eligibility assessed for free today? Connect with an advisor at your earliest convenience.
How Much Manual Handling Injury Compensation Could I Get?
The amount of manual handling injury compensation you could get is dependent on the type of injury you have suffered, the severity and whether you have incurred financial losses.
Specifically, your solicitor will work out how much you are eligible for in general damages. This head of loss compensates claimants for the pain and suffering they have experienced. Notably, this includes both the physical and psychological effects, meaning you can also claim for things like depression and anxiety.
To assist solicitors in calculating general damages, most will turn to the Judicial College Guidelines (JCG) to help them. This is because the JCG is a comprehensive list of different injury types, severities, and their suggested compensation brackets.
To be helpful, we have created a table containing several carefully selected JCG compensation brackets that may relate to manual handling injuries, except for the top entry. We’ve done this in the hope that it will give you a clearer understanding of what personal injury compensation can look like.
Please use our table only as guidance.
| INJURY | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Multiple Severe Injuries with Special Damages | Severe | Up to £1 Million+ including loss of wages, travel costs and loss of future earnings. |
| Brain & Head | Very Severe - Full-Time Nursing Required | £344,150 to £493,000 |
| Back | Severe (i) - Damage To Spinal Cord | £111,150 to £196,450 |
| Back | Severe (ii) - Cases Involving Special Features | £90,510 to £107,910 |
| Neck | Severe (i) - Associated with Incomplete Paraplegia | In the region of £181,020 |
| Neck | Severe (ii) - Serious Fractures or Damage To Discs | £80,240 to £159,770 |
| Foot | Moderate - Displaced Metatarsal Fractures | £16,770 to £30,500 |
| Hernia | a) - Continuing Pain | £18,180 to £29,490 |
| Shoulder | Serious - Dislocation Of The Shoulder | £15,580 to £23,430 |
Can Manual Handling Claims Payout For Special Damages?
Yes, manual handling claims can payout for special damages to compensate claimants for financial losses incurred as a direct result of their manual handling injury, such as loss of wages.
Take a look at some other financial losses that can be incurred:
- Childcare costs, if your injury has left you unable to care for your child
- Medical expenses, such as ongoing prescription fees
- Professional care costs if you have suffered a debilitating manual handling injury
- Gratuitous care provided by friends and family
- Travel expenses built up from multiple medical appointments
- Loss of future earnings due to missed career opportunities, such as bonuses and promotions
- Rehabilitation or physiotherapy fees
Please note that if you think you might be eligible to receive special damages, you will first need to prove that you have incurred financial losses. The way to prove this is to provide your solicitor with evidence of these costs, such as invoices, payslips, and receipts.
Have you faced financial difficulties as a result of your manual handling injury or simply want to know how much compensation you might be eligible for? Let us help you by calling us today.
What Will I Need To Prove Fault For My Handling Injury?
To prove fault for your manual handling injury, you will need as much evidence as possible, such as medical records or CCTV footage, that clearly demonstrates that a third party is responsible for the harm you have suffered.
Think of it this way: the more evidence you can present, the stronger your manual handling claim will be. This is because solid proof validates your version of events that a third party has committed a negligent action or series of actions that directly resulted in your injury.
For a more detailed read on gathering proof, read our other guide on the evidence needed for a personal injury claim.
Did you know that our solicitors can gather evidence on your behalf so you don’t have to? Connect with an advisor today to find out more.
Is There A Time Limit For Making Manual Handling Compensation Claims?
Yes, there is a time limit for making manual handling compensation claims, and it’s 3 years to start your claim from the date you suffered the injury, as per the Limitation Act 1980. This is called the limitation period.
However, there are exceptions to this 3-year time limit. Specifically related to vulnerable adults who lack mental capacity and minors. To find out more about this, please read our guide on what is the limitation period.
Are you not quite sure whether your manual handling claim falls within the limitation period? Call us today so we can look into it during a free consultation.
Why Choose To Claim For Manual Handling Injuries With Public Interest Lawyers?
Choosing to claim for manual handling injuries with Public Interest Lawyers gives eligible claimants immediate access to a robust range of support services, such as translating the legal jargon so you can make informed decisions about your claim.
We believe that support services are an integral part of a solicitor’s service in order to guarantee happy client experiences. We’ve provided some examples of the support our solicitors can offer you:
- Guarantee that time limits are adhered to protect the validity of your manual handling claim
- Negotiate firmly with the solicitors of the defendant and provide you with regular updates
- Review your taxi account to find any financial losses incurred due to travel costs
- Aid you in your recovery by finding you the appropriate rehabilitation support
- Gather evidence on your behalf so you can focus on getting better
If you feel you would benefit from these support services, please ring up to find out more about working with a solicitor from our panel.
No Win No Fee Manual Handling Injury Claims
The No Win No Fee solicitors on our panel here at Public Interest Lawyers can help you make a manual handling claim by providing you with a Conditional Fee Agreement (CFA) contract. This means:
- You pay no solicitors’ fees while your manual handling claim is in progress
- You pay nothing upfront for solicitors’ fees
- You don’t pay any solicitors’ fees if your manual handling claim fails
If your personal injury claim wins, you will pay a success fee out of your compensation. Don’t worry, this is a small amount and is legally capped by law at a specific percentage under the Conditional Fee Agreements Order 2013.
Contact Our Team
If you are looking for compassionate and experienced legal representation, please get in touch using the contact information here to learn more about working with a No Win No Fee solicitor from our panel:
- Ring us for free on 0800 073 8803
- Contact us online
- Speak to us by using our live chat feature
Learn More
Some more guides by us:
- Read our guide on back injury compensation.
- Have a look at our guide on how to make a neck injury claim.
- Have a read of our guide on hernia compensation payouts.
Some external resources for you to broaden your knowledge:
- Check your eligibility for Statutory Sick Pay (SSP).
- This resource provides information on back pain from the Health and Safety Executive (HSE).
- This NHS resource provides guidance on neck pain.
Thank you for taking the time to read our guide on manual handling claims.