By Danielle Graves. Last Updated 16th May 2023. Are you wondering if you can seek compensation after being injured due to a lack of manual handling training at work? If so, this guide could help. It will discuss the eligibility criteria when claiming for manual handling injuries and outline the importance of evidence when making a personal injury claim.
Your employer owes you a duty of care which is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). This means they must take all reasonable steps to reduce or remove the risk of manual handling injuries to their employees. If their duty of care is breached, resulting in you being injured, you might be entitled to claim.
This guide will explore the steps you can take as part of the accident at work claims process, such as how long you have to claim and the evidence you can collect to support your case.
Read on to learn more. Alternatively, you can also speak with one of our advisors at a time that suits you best. To reach them, you can:
Select A Section
- What Is An Accident Caused By A Lack Of Manual Handling Training?
- Time Limits For Manual Handling Injury Claims
- How Can I Prove That My Injury Was Caused By A Lack Of Manual Handling Training?
- Causes Of Manual Handling Accidents
- Types Of Injuries Caused By A Lack Of Manual Handling Training At Work Accidents
- What Could You Claim For Injuries Due To A Lack Of Manual Handling Training At Work?
- How A No Win No Fee Solicitor Could Help You
An employer’s duty of care is outlined in Section 2 of HASAWA. This health and safety legislation outlines some of the reasonable steps they can take to reduce the risk of injury posed by known hazards, such as providing a safe environment, maintaining workplace equipment and facilities and providing adequate training.
If a lack of manual handling training at work caused you to sustain harm, this may constitute a breach of your employer’s duty of care.
Their duty of care must have been breached, causing you to have a manual handling accident, for you to make an accident at work claim. This is often referred to as negligence.
An example would be if you were not trained properly to ensure you were wearing the correct personal protective equipment (PPE) when performing the manual handling task. Gloves and footwear should be worn in certain workplace environments. If this causes you to suffer an injury, you may be able to claim.
Therefore, if you are at fault, or your employer has carried out all reasonably practicable steps to reduce or remove the risk of injury, negligence won’t have occurred and you may not be able to claim.
If you do have an eligible claim, you may wish to claim compensation for any physical, emotional or financial harm endured due to your injuries. Get in touch to discuss your potential case with an advisor.
When seeking compensation for an accident at work, you must begin your claim within 3 years as outlined by the Limitation Act 1980. The time limit would begin from the date you sustained the manual handling injuries.
However, there are some circumstances where you may be afforded more than 3 years to claim. This could include if the injured party was under the age of 18 when they were injured. Furthermore, a person may not have the mental capacity to claim.
In the case of an injured child, they can start their claim up to three years after their eighteenth birthday. Alternatively, before they turn 18, there is no time limit. During this period, a suitable adult can apply to act as a litigation friend. They would then act on their behalf.
In the case of a person who lacks the mental capacity to claim, the time limit is not something that applies to them. However, if they recover, they can start their claim within three years from the date of recovery. During this time a litigation friend can put forward a claim to seek compensation for them.
For more information regarding litigation friends, or to see if you can claim for injuries caused by a lack of training at work, please speak to a member of our team.
Collecting sufficient evidence could help support your accident at work claim for a manual handling injury. It could help prove your employer’s liability for the accident and show the extent of the injuries you suffered.
Some examples of evidence that might be useful when making your personal injury claim could include:
- A copy of the report in the accident log book. This could provide information on when and how the accident occurred. With manual handling operations, the employer must perform risk assessments before asking you to perform certain tasks. This report should highlight the circumstances that led to your manual handling injuries.
- A copy of your medical records that state the nature of your injuries as well as what treatment you required.
- Any witnesses’ contact details so they can give a statement later on.
- Video footage from the accident, such as from CCTV.
- Any photographs from the accident scene or of your injuries. This can help show the extent of the manual handling injury.
If you have any questions about claiming if you have been injured at work due to a lack of manual handling training, contact our advisors today. Additionally, they may connect you with a solicitor on our panel who could help you with gathering evidence for your claim, provided you have valid grounds to seek compensation.
A lack of manual handling training at work could cause several different types of accidents. For example:
- Your employer asks you to transport heavy objects around the warehouse despite not giving you the necessary manual handling training. Consequently, you endure a back injury because you do not use the correct lifting technique.
- You are tasked with carrying several objects from one place to another. Due to your lack of training on carrying objects safely, you drop the items, and you slip, trip or fall causing you to endure a shoulder injury.
- You are asked to carry heavy items across the factory without yet receiving the proper workplace training. Subsequently, you drop the item and injure your foot.
Furthermore, employers must perform a risk assessment before asking you to carry out manual handling tasks. Risk assessments are also important to determine whether you’re able to perform a manual handling task they have asked you to perform. It should highlight the potential risks involved to determine if you can perform the task safely. If the object is too heavy and you injure yourself as a result, you may be able to claim.
If you have been injured at work due to manual handling operations not being conducted correctly, contact us for free to see if you’re able to claim.
Examples of the injuries that you could sustain due to a lack of manual handling training at work could include:
- Sprains and strains
- Nerve damage
- Tendon or ligament injuries
- Scrapes or cuts
It must be remembered that to seek compensation for any injuries sustained, they must have been caused by a breach of your employer’s duty of care.
The severity of your injuries, in conjunction with the impact they have on your life, generally determines how much compensation you would be owed for a successful claim.
To find out if you have an eligible claim, do not hesitate to speak with an advisor from our team.
Settlements for accident at work claims can be made up of two different compensation types. Firstly, general damages aim to reimburse you for any suffering and pain that is endured due to your injury.
For example, you might receive a payout after suffering a back injury. If this also leads to increased stress, anxiety or depression, this could also be taken into consideration when assessing the value of your claim.
The general damages compensation from manual handling injuries can be dictated by aspects like:
- The extent of your injury
- How the injury has impacted your everyday life
- Your recovery plan and if the injury is permanent
- Whether you have suffered multiple injuries
A compensation table below contains potential compensation brackets from the Judicial College Guidelines (JCG). Solicitors use it to help them value manual handling injuries in potential compensation claims.
However, the figures shown below are not guaranteed and are only included as guidance. This is due to every personal injury claim being different.
|£39,170 to £54,830
|(a) An injury causing a severe disability.
|£19,200 to £39,170
|(c) Less Severe: Significant disabilities will have been present but a good recovery will have occurred.
|£24,990 to £38,490
|(b) Moderate (i) Serious soft tissue injuries affecting the neck and back.
|£27,760 to £38,780
|(b) Moderate (i) Damage to an intervertebral disc causing irritated nerve roots and reduced mobility.
|£6,610 to £19,200
|Fractures of the forearm that are simple in nature.
|£7,890 to £12,510
|(c) Minor (i) Injuries that are less serious such as strains, soft tissue injuries and sprains are covered in this bracket. A full recovery without surgery occurs within 5 years.
|£12,770 to £19,200
|(b) A dislocated shoulder as well as damage to the lower part of the brachial plexus, resulting in shoulder pain, neck and elbow and sensory symptoms in the forearms and hands.
|Up to £13,740
|(g) Modest: Simple metatarsal fractures and ruptured ligaments are included in this bracket.
|£5,720 to £13,280
|(h) Moderate: Includes soft tissue type injuries.
|Up to £9,600
|(e) Moderate: Straightforward fractures are included in this bracket.
The second head of claim that could make up your settlement is called special damages which compensates for any financial loss endured due to your manual handling injuries.
For example, a hand injury could stop you from working until a full recovery is made. If a loss of earnings is incurred as a result, this might be accounted for under this head of claim. It may also cover:
- Travel expenses
- Medical costs
- The cost of home adaptations
It is important to collect as much evidence of your financial losses as possible to strengthen your claim.
A member of our team can give you a more detailed analysis of the payout you may be owed if you get in touch.
Hiring a personal injury solicitor from our panel to represent your case could benefit you. Firstly, they can help you through the different stages of the claims process including gathering evidence to show how you have been impacted by the lack of manual handling training at work.
Additionally, they can operate using a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement. Typically, this means there will be no legal fees to pay upfront or during your case for your solicitor’s services. It also generally means you won’t be charged for your solicitor’s services if your claim is lost.
If your claim for an injury caused by a lack of manual handling training at work succeeds, you will have to pay a success fee. This is a legally capped fee that is deducted from your compensation and paid to your solicitor.
Please remember that our advisors can help you 7 days a week, 24 hours a day and can offer you free legal advice. They can assess whether you have an eligible manual handling at work work claim. If you do, they may put you in contact with a solicitor from our panel.
You can contact an advisor by:
Below are additional guides of ours that might be helpful:
- Accident at work employee rights
- How to claim for an accident working abroad
- Can you claim for an accident at work after leaving the company?
We have also included more guides that could be beneficial to you:
- NHS – First Aid
- Health and Safety Executive – Employer’s responsibilities
Thanks for reading this guide informing you of the steps you can take if you have suffered an injury due to a lack of manual handling training at work. For more information, contact us using the above details.
Written by BP
Edited by MMI