This article offers information about manual handling claims and the process involved in seeking compensation for a personal injury sustained in the workplace after a breach of health and safety. We discuss eligibility criteria, including how long you have to begin legal proceedings and the steps you could take to support your case.
Information About The Manual Handling Claims Process
Additionally, we look at the responsibilities your employer has with regard to your health and safety in the workplace when carrying out manual handling tasks.
Furthermore, we discuss accident at work settlements, including the factors considered when calculating what compensation you are owed.
To conclude, our guide will look at how the personal injury solicitors from our panel could potentially help you with your manual handling injury claim and the terms under which they could offer their services.
If you would like to learn more, please contact an advisor from our team. To reach them, you can:
- Call on 0113 460 1216
- Contact us online about making a claim
- Start a conversation through the live chat feature below.
Jump To A Section Of Our Guide
- Eligibility Criteria For Making Manual Handling At Work Claims
- How Can A Solicitor Guide You Through The Manual Handling Claims Process?
- Claiming For Injuries Caused By Manual Handling – Examples Of Potential Compensation
- What Evidence Could Help In A Workplace Accident Claim?
- Claim For A Workplace Accident On A No Win No Fee Basis
- Read More About The Manual Handling Claims Process
Eligibility Criteria For Making Manual Handling At Work Claims
In order to begin a personal injury claim for any harm you sustained in a manual handling accident at work, you need to satisfy a set of eligibility criteria.
Firstly, you need to prove that your employer owed you a duty of care at the time and place of the accident. The duty of care they owe is outlined in the Health and Safety at Work etc. Act 1974. It states that they need to take steps that are both practicable and reasonable as a way to prevent them from becoming harmed at work.
Secondly, you need to prove there was a breach of this duty. Finally, you need to show that you experienced harm as a result of the breach.
Together, these three points form the basis of negligence, for which you could seek compensation.
How Could An Employer Prevent A Manual Handling Accident At Work?
The Manual Handling Operations Regulations 1992 set out the specific responsibilities your employer has with regard to manual handling activities in the workplace. It states they must avoid the need for any manual handling, where possible. However, if this is not possible, they need to take steps to reduce the risk of injury posed by manual handling tasks. There are several ways they can do this, including:
- Providing employees with adequate training on lifting techniques so they can do their job as safely as possible.
- Making any loads easier to move by reducing the weight or size of the load.
- Adapting the workplace to address any potential hazards, such as obstructions that pose a trip hazard.
A failure to do so could lead to an employee becoming harmed while carrying out tasks of this nature, such as a soft tissue neck injury.
If you would like to find out more about manual handling claims and the process involved in seeking personal injury compensation, get in touch on the number above.
How Can A Solicitor Guide You Through The Manual Handling Claims Process?
Whilst it is not necessary for you to work with a solicitor when making your personal injury claim, they could benefit you in several ways. The personal injury solicitors from our panel could offer the following services to assist you in seeking compensation for your manual handling injuries. For example, they can:
- Help you gather evidence to support your case
- Assess the value of your claim
- Provide regular updates about your case as it proceeds
- Present your case in full within the relevant time limit
To learn more about how a solicitor from our panel could help guide you through the manual handling claims process, get in touch with our team by using the contact details above.
Claiming For Injuries Caused By Manual Handling – Examples Of Potential Compensation
After successfully making a personal injury claim, you could be awarded compensation to address:
- The emotional pain and physical suffering you experienced as a result of your injuries under general damages.
- The financial damage you experienced as a result of your injuries under special damages. For example, you have sustained and injury in the workplace and needed time off to recover, you could claim back your lost income. You would need to provide evidence of any loss of earnings via payslips.
Legal professionals can refer to your medical evidence as well as a document called the Judicial College Guidelines (JCG) to help them value the general damages portion of your payout. The JCG is a publication containing guideline compensation amounts that correspond to different types of injuries. You can find some of these figures listed in the table below.
Award Brackets
| Injury | Severity Level | Award Brackets - Guidelines | Notes |
|---|---|---|---|
| Arm | Less Severe | £19,200 to £39,170 | Significant disabilities but the person will have made a substantial degree of recovery or this will be expected. |
| Hand | Moderate | £5,720 to £13,280 | Soft tissue type injuries are included in this bracket. |
| Wrist | Less Severe | £12,590 to £24,500 | There is some permanent disability is caused, such as a degree of persisting pain and stiffness. |
| Back | Moderate (ii) | £12,510 to £27,760 | Soft tissue injuries that result in the prolonged acceleration and/or exacerbation of a pre-existing condition. |
| Neck | Moderate (i) | £24,990 to £38,490 | The person will have experienced serious soft tissue damage to both the neck and back. |
| Elbow | Less Severe | £15,650 to £32,010 | No major surgery or significant disability despite function impairment. |
| Shoulder | Moderate | £7,890 to £12,770 | Cases of frozen shoulder that limit movement and cause discomfort for around 2 years. |
| Hernia | Direct Inguinal Hernia | £7,010 to £9,110 | There is some risk of recurrence even after repair. |
| Neck | Severe (iii) | £45,470 to £55,990 | Where there has been severe soft tissue damage with ruptured tendons leading to chronic conditions. |
| Back | Severe (iii) | £38,780 to £69,730 | Chronic conditions from soft tissue injuries. |
Please only use these figures as a guide. The actual settlement you receive will be calculated based on the unique details of your case. As such, the figures in the table are not necessarily reflective of what you will receive.
If you would like to learn more about personal injury settlements, speak with an advisor by calling the number above.
What Evidence Could Help In A Workplace Accident Claim?
As part of the manual handling claims process, you should gather evidence to prove employer negligence. For example, you could:
- Collect CCTV footage of the accident.
- Keep a diary about your injuries, including the physical and emotional impact they have had on your life.
- Obtain copies of medical records, such as X-ray scans and proof of paid prescriptions.
- Keep proof of any financial losses, such as travel tickets to show any travel expenses incurred as a result of your injuries.
- Take witness contact details so that a statement can be taken from them at a later date.
For more information on the evidence you could gather in support of your case, you can call an advisor via the number at the top of the page.
Claim For A Workplace Accident On A No Win No Fee Basis
The accident at work solicitors from our panel could work on your claim under No Win No Fee terms. If you are eligible to have them represent your case, they may offer you a Conditional Fee Agreement (CFA). This is a kind of contract that means you won’t pay for the work they complete on your case upfront, while your claim proceeds, or if your case completes unsuccessfully.
If your case is successful, you will need to pay your solicitor a success fee which can cover part of your solicitor’s services. However, the amount they can take is subject to a legal cap, ensuring you won’t be overcharged.
The advisors from our team can assess your case to determine whether you’re eligible to have a solicitor from our panel represent your case. If they determine you have legitimate grounds to make a personal injury claim, they will assign a solicitor to begin working on your case.
Additionally, they can offer free advice about manual handling claims and the process involved in seeking compensation for a personal injury sustained at work due to an employer breaching their duty of care.
To get in touch, you can:
- Call on 0113 460 1216
- Contact us online about making a claim
- Start a conversation through the live chat feature below.
Read More About The Manual Handling Claims Process
For more of our helpful workplace accident guides:
- A helpful guide explaining the different types of personal injury claims.
- Information about making a workplace accident claim.
- A useful guide exploring factory accident claims.
- No Win No Fee Manual Handling Claims
The following resources may also be helpful:
- NHS – Sprains and strains
- Health and Safety Executive – Manual handling at work
- GOV – Statutory sick pay
Thank you for reading our guide on the manual handling claims process. If you have any questions, please get in touch via the contact details provided in our guide.
Writer Jeff Wallow
Editor Meg McConnell