Have you had an accident at work which resulted in a personal injury? Was there a lack of manual handling risk assessment in the workplace? If this is the case, then you may be wondering whether you could claim compensation.
This guide addresses the basis on which an accident at work claim can be made following a manual handling injury. Moreover, we will look into the evidence you may need to deem your claim valid and an explanation of how settlements are valued. We will also look at how one of the No Win No Fee solicitors from our panel could benefit you.
If you would like to find out more information about your claim eligibility, please contact us through either our:
- Free legal helpline on 0113 460 1216 (open 24 hours every day).
- Making a claim webpage.
- Live chat box.
Jump To A Section
- Can I Claim If I’ve Been Injured After No Manual Handling Risk Assessment In The Workplace?
- Examples of Manual Handling Injuries Caused By Employer Negligence
- Evidence That Supports Workplace Injury Claims
- Manual Handling – Examples Of Potential Compensation
- Want To Make A Manual Handling Claim On A No Win No Fee Basis?
- Resources For Claiming For Employer Negligence
Manual handling is defined as transporting a load from one space to another using your hand or bodily force. This generally can include lifting, offloading, or pushing. Manual handling can also include the use of trolleys or other equipment.
The aim of a risk assessment is to identify potential risks that a task could pose. Necessary steps in a risk assessment include:
- Identifying, assessing, and controlling all hazards.
- Recording the findings of the assessment.
- Reviewing the controls in place.
Under The Health and Safety at Work etc. Act 1974, your employer must assess these as part of their duty of care. Your employer’s duty of care means that they need to take reasonable steps to prevent accidental injury to their employees by by providing a safe environment, facilities, and equipment. Specifically, The Manual Handling Operations Regulations 1992 outlines these necessary duties of your employer concerning manual handling tasks.
If you have suffered a manual handling injury, and there was no manual handling risk assessment sufficiently performed, then this could be an example of a breach of duty of care. In that case, you may be able to sue your employer for negligence.
Please do not hesitate to get in touch for a discussion of your potential claim.
There are many practical jobs, such as on a building site, where manual handling duties cannot be avoided. However, manual handling tasks might also be required in other workplaces, too. Where they cannot be avoided, your employer needs to take all appropriate steps to reduce the risk of injury that these tasks can pose.
In addition, after performing a manual handling risk assessment in the workplace, your employer should provide the precise weight of the loads you are handling and information on the side that weighs the most if the weight is not distributed evenly. A risk assessment should also consider the individual capabilities of the worker carrying out the task.
Below are some examples of how a manual handling incident could occur:
- Spinal injuries, such as dislocating your back, could occur as your employer did not train you how to position your posture safely when lifting an object.
- You sustain a broken foot after you lose balance, dropping an object on it because its uneven weight distribution was not disclosed to you by your employer.
- You are injured in a slip and fall as you carry a heavy object down a corridor with threadbare carpet that poses a slip hazard.
However, manual handling injuries are not limited to just these few examples and you may still have a valid claim even if you. If you would like to discuss the cause of your workplace injury to see if your case could be valid, our advisors are on hand to assist you.
It may be helpful to gather evidence of your employer’s negligence when claiming for an accident at work. You may be able to use evidence to prove that there was no manual handling risk assessment in the workplace when this should have been done, in order to demonstrate that you’re eligible to claim. You could also use evidence to show how you were affected by the accident.
The evidence that is needed for a manual handling injury claim can vary but may include:
- Video footage of the accident (for example, this could include CCTV).
- Photos of your injury and the accident site, highlighting potential hazards.
- Records of medical care and treatment. This can include doctor’s notes and copies of scans.
- Contact information from any potential witnesses who are willing to provide a statement.
- A diary that records how the incident has disrupted your quality of life, including the effects of the symptoms.
You don’t need to gather this evidence alone, however. If you have a valid claim, an advisor could connect you with our panel of personal injury solicitors. They can offer free advice throughout the process and help you collect evidence should you need it. Below, we discuss how compensation amounts for manual handling claims are valued.
Following a successful claim, personal injury settlements can be made up of two heads. General damages are the primary head of claim and are always awarded in successful personal injury claims.
This head of claim accounts for the physical and mental harm incurred as a result of your injury. It considers the pain caused by your injuries, along with the loss of enjoyment in life that your injury has caused you.
Solicitors can use medical reports and the Judicial College Guidelines (JCG) to help them value injuries. The JCG contains guideline compensation brackets for varying levels of injuries. However, these guidelines cannot be used as a guarantee of the settlement you will be owed, as every claim is unique. The table below includes some excerpts from the JCG.
Judicial College Guidelines Bracket
|Type of injury||Severity||Compensation||Notes|
|Pelvis and hips injury||Severe (i)||£78,400 to £130,930||Extensive breaks to the pelvis that could involve the back being dislocated and the bladder ruptured.|
|Pelvis and hips injury||Moderate (i)||£26,590 to £39,170||Significant injuries that nevertheless do not lead to permanent disability or any great future risk.|
|Foot injury||Very severe||£83,960 to £109,650||Amputation of one foot.|
|Foot injury||Moderate||£13,740 to £24,990||Displaced metatarsal fractures, permanent deformity.|
|Back injury||Severe (ii)||£74,160 to £88,430||Nerve root damage with associated impaired mobility and function.|
|Back injury||Minor (iii)||£2,450 to £4,350||No surgery, full recovery between three months and one year.|
|Anchilles tendon injury||Moderate||£12,590 to £21,070||Partial rupture of, or significant injury to, the tendon.|
|Shoulder injury||Serious||£12,770 to £19,200||Dislocation, soft-tissue damage, weakness in sensory, where intrusive symptoms are permanent.|
|Knee injury||Moderate (ii)||In region of £8,140||Continuous discomfort or pain, acceleration of pre-existing condition by two to three years.|
|Shoulder injury||Minor (i)||£4,350 to £7,890||Soft-tissue damage where full recovery is made between one and two years.|
Claiming For Financial Losses After A Manual Handling Injury.
Special damages can be awarded to compensate for any financial losses incurred as a result of your injury; this can include costs and losses you have incurred in the past, as well as those that will arise in the future. This can include travel expenses, loss of earnings, and medical expenses, to name a few.
You should provide proof of your financial losses, such as receipts and payslips, to ensure you’re fully compensated for them. Below are some types of financial losses that can incur following a manual handling injury:
- You are unable to work during your recovery period, so you suffer some loss of earnings. This can be proven with your payslips.
- You must pay for public transport to attend your hospital appointments; this is proven by keeping your bus tickets.
- You suffer a permanent spine injury, requiring a stairlift adaptation to your home. Accordingly, costs can be proven by showing an invoice from the company that did the installation.
If you’d like to see if you have a valid claim after a failure to carry out a manual handling risk assessment in the workplace has left you injured, you can speak with a member of our team today. They may be able to connect you with a No Win No Fee lawyer from our panel.
On the basis that you have a valid claim, a personal injury solicitor from our panel may offer to represent you under a Condition Fee Agreement (CFA). A CFA is a type of No Win No Fee agreement that allows access to your lawyer’s services with no upfront or ongoing fees.
The principal benefit of this type of agreement is that you do not owe any fees for your lawyer’s services if you have an unsuccessful claim. Moreover, if your claim is successful, your lawyer will deduct a capped percentage of your settlement awarded; this is their success fee.
Our panel of personal injury solicitors has years of expertise supporting accident at work claims. If you would like to see if you could pursue a manual handling claim, please get in touch via our:
Please see our extra resources that may be useful if you have been injured after no manual handling risk assessment in the workplace.
Some links from our own site:
- Estimating a claim settlement for a permanent disability
- Injury at work claim calculator
- Time limits in personal injury claims
Some external resources:
- Guidance on managing risks and risk assessment at work from the Health and Safety Executive
- Statutory Sick Pay advice from the government
- When to call 999 advice from the NHS
Writer Jade March
Publisher Fern Stringer