If you have sustained injuries caused by manual handling at work, you may wonder whether you could be eligible to pursue a personal injury claim. This guide will explore the eligibility criteria when claiming for manual handling injuries. Furthermore, it will also discuss the evidence you could gather to support your case and explain what the time limit is for making a manual handling injury claim.
What Are The Most Common Workplace Injuries Caused By Manual Handling?
Employers owe a duty of care to prevent harm to their employees at work or while they are carrying out their work-related duties, such as manual handling. We will explore the steps they need to take and the injuries that could be sustained if they fail to uphold their duty.
Additionally, we will explore the compensation you could be awarded from manual handling accidents as well as give you a better idea as to what the most common manual handling injuries are.
Furthermore, we will discuss how a No Win No Fee solicitor from our panel could represent your claim as well as the services they could offer to help you seek compensation.
For more information on your potential manual handling claim, get in touch with an advisor. They can answer any questions you might have regarding eligibility. To reach them, you can:
Select A Section
- What Are The Most Common Workplace Injuries Caused By Manual Handling?
- Are You Eligible To Claim For Workplace Injuries Caused By Manual Handling?
- How Could A Manual Handling Accident Be Prevented?
- Potential Payouts For Accident At Work Claims
- How To Make A No Win No Fee Claim Against Your Employer
- Find Out More About Manual Handling Claims
Manual handling includes the act of transporting or supporting a load either by hand or bodily force. It can involve activities such as lifting, pushing, carrying or pulling. According to the Health and Safety Executive (HSE) manual handling activities cause more than a third of all workplace injuries. Examples of common manual handling injuries include:
- Strains and sprains
- Lower back injuries
- Upper back injuries
- Musculoskeletal disorders
- Foot injuries
Please bear in mind that this list is not exhaustive. To claim, you would need to show that the injury caused by the manual handling task did not result from an error on your part.
If you suffered an injury in an accident at work when manual handling, read on to see whether you could be eligible to make a personal injury claim.
To begin a personal injury claim for injuries caused by manual handling, you need to prove the following:
- Firstly, your employer owed you a duty of care at the time and location of the accident.
- Secondly, your employer breached this duty of care.
- Finally, you sustained injuries, either physical, psychological or both, as a result of the breach. This is negligence.
Outlined in the Health and Safety at Work etc. Act 1974 (HASAWA) is the duty of care your employer owes. This legislation states that employers must take all reasonable steps to prevent employees from being injured when at work or carrying out work tasks.
For example, they need to provide adequate manual handling training to ensure you are able to carry out your duties safely. If they fail to do so, it could lead to you becoming injured due to you using poor manual handling techniques. In this instance, you may be able to pursue a claim for personal injury compensation.
Furthermore, before asking you to perform a task, your employer should perform a risk assessment to determine the potential manual handling risks in the workplace. Manual handling injuries in the workplace can also be caused by an employer asking you to lift an object that is too heavy. Your employer should always consider factors like your size and gender when asking you to perform a manual handling task.
To learn more about claiming after performing manual handling tasks or to see if you can claim for your manual handling injuries, contact us for free using the above details.
Manual Handling Accident Claim Limitation Periods
In addition to meeting the criteria laid out above, you need to generally start your personal injury claim within 3 years. As set out in the Limitation Act 1980, this time limit can start from the date of the accident or injury. However, certain exceptions can be made.
For example, if you are under the age of eighteen, you can still claim for manual handling injuries – the main difference is that the three-year time limit does not start until your eighteenth birthday. If you want to claim for injuries caused by manual handling accidents before your eighteenth birthday, you would need to appoint a litigation friend to claim on your behalf.
Furthermore, you can also claim for manual handling incidents if you lack the mental capacity to claim. No time limit would apply in this instance and a litigation friend would need to be appointed on your behalf. However, if you regain capacity and a claim has not been made yet, you would have three years from the date of your recovery to seek compensation.
To learn more about these, please get in touch with an advisor. They can also assess if you have an eligible accident at work claim.
Whilst HASAWA sets out the overall duty of care employers owe their employees, The Manual Handling Operations Regulations 1992 focus more specifically on the responsibilities they have with regards to manual handling activities in the workplace. It states that they need to:
- Avoid the need for manual handling activities to be carried out, so far as is reasonably practicable.
- Reduce the risk of employees becoming injured if it is not possible to completely avoid the manual handling activities. They can do this by carrying out risk assessments and addressing any issues they become aware of.
There are several ways they could reduce the risk of injury, which could prevent manual handling injuries. These include:
- Making the load that needs to be moved smaller, lighter or easier to hold.
- Adapting the workplace as a way to reduce carrying distances and unnatural movements.
- Providing manual handling training to employees so they can carry out their task as safely as possible.
Failure to do so could cause you to sustain injuries, such as musculoskeletal disorders. To discuss your specific case and learn whether you could seek compensation for injuries caused by manual handling tasks, please get in touch with an advisor from our team.
Personal injury settlements can compensate for the different ways your manual handling injuries have affected you. Firstly, the pain and suffering you experienced due to your injuries is compensated for under general damages. Consideration is also given to the physical and emotional impact as well as the overall effect on your quality of life.
It isn’t just common manual handling injuries you can claim for. You can claim for any injury that has been caused by negligence. Furthermore, you can claim for multiple injuries (like foot injuries or work related musculoskeletal disorders) so long as you can prove that all injuries were caused by the same act of negligence.
We have compiled a table of guideline compensation brackets that have been taken from the Judicial College Guidelines (JCG). Legal professionals can use this publication when valuing this head of claim.
However, these amounts are not guaranteed because of all personal injury claims being unique. As such, your payout for a successful claim could differ depending on your specific circumstances.
|Compensation Bracket- Guide
|£38,780 to £69,730
|Soft tissue injuries resulting in chronic conditions. Disabilities are still present despite treatment, such as ongoing pain and discomfort that is severe in nature.
|£27,760 to £38,780
|Nerve root irritation and reduced mobility alongside a damaged intervertebral disc.
|£12,510 to £27,760
|Ligament and muscle disturbance causing backache.
|£45,470 to £55,990
|Severe soft tissue damage or tendons that have ruptured causing chronic conditions as well as a significant and permanent disability.
|£24,990 to £38,490
|Serious soft tissue injuries to both the neck and the back.
|£7,890 to £13,740
|Injuries that have either accelerated or exacerbated pre-existing conditions over a short period of time.
|£7,890 to £12,770
|Frozen shoulder causing limited movement and discomfort for around two years.
|£12,590 to £24,500
|Injuries are less severe but still result in a permanent disability, such as a degree of ongoing pain and stiffness.
|£5,720 to £13,280
|Soft tissue type injuries are included in this bracket.
How Special Damages May Be Assessed
Special damages can compensate for the financial losses caused by your injuries. This head of claim could reimburse you for the following:
- Care costs
- The cost of adaptations to your home
- Medical expenses
- Travel expenses
- Loss of earnings
You can gather evidence that will prove these losses, such as receipts, travel tickets, invoices and payslips.
An advisor from our team can offer you a personalised estimate of how much compensation you could be entitled to. You can reach them using the number above.
If you have valid grounds to seek compensation for injuries that were caused by manual handling, the solicitors from our panel could represent your claim. They can do so under No Win No Fee terms. Whilst there are different types, they could offer you a contract called a Conditional Fee Agreement (CFA).
This typically means you do not have to pay for your solicitor’s work as an upfront or ongoing fee. Furthermore, in the event of an unsuccessful claim, you won’t be required to pay for the work they have completed on your case.
Your solicitor will take a success fee from your compensation if your claim is won. The legal cap on the fee guarantees that you receive the majority of your compensation.
Speak To An Expert About Your Claim
Our advisors are available to offer you a free consolation at a time that is most convenient to you. If you have a valid case, they may set you up with a solicitor from our panel who can help you build and present your claim in full and within the relevant time limit.
For more information, you can:
Here are some more of our own guides that could be helpful to you when claiming for workplace injuries:
- How can manual handling claims solicitors help me?
- I did not take time off work after an accident, could I claim compensation?
- I had an accident at work – could I claim after leaving the company?
Additionally, we have provided you with further reading that could be of use when claiming for manual handling injuries:
- HSE – Assessing manual handling that can’t be avoided
- NHS – Sprains and strains
- GOV – Statutory Sick Pay
Thank you for reading this guide on when you could be eligible to claim for injuries caused by manual handling at work. If you have any other queries, please do not hesitate to get in touch with an advisor from our team.
Written by BP
Edited by MMI