This guide will include information on workplace manual handling compensation claims and when they could be valid. All employers automatically owe their employees a duty of care, meaning that they have a responsibility towards their safety. We will look at the duty of care you’re owed and how this can be breached, causing an injury.
Workplace manual handling compensation claims guide
Furthermore, we look at the process of valuing claims made after workplace accidents and give you an idea of the heads of claim that could make up a settlement. We will also look at the advantages of working with a No Win No Fee solicitor.
Our friendly advisors are on hand to offer a free assessment of eligibility. If you have a strong case, they could connect you with a personal injury solicitor from our panel who could take up your manual handling injury claim. To get in touch, you can:
- Call us for free on 0113 460 1216
- Find out about making a claim online
- Start a conversation via the live chat feature below
Jump To A Section
- Eligibility Criteria For Workplace Manual Handling Compensation Claims
- When Can You Make Manual Handling At Work Claims?
- Potential Compensation From An Accident At Work Claim
- What Evidence Do You Need To Sue Your Employer For Negligence?
- Use Our Panel Of No Win No Fee Accident At Work Solicitors To Claim Compensation
- Learn More About Workplace Manual Handling Compensation Claims
Eligibility Criteria For Workplace Manual Handling Compensation Claims
You may be wondering when you can make a claim for an injury at work. Not all circumstances will entitle you to claim compensation. In order to pursue a settlement after a workplace accident, you need to show:
- That your employer had a duty of care to you at the time and place of the injury
- They breached this duty of care; and
- You were injured as a result of this breach.
The criteria above form the definition of negligence. The duty of care that employers owe their employees is outlined in the Health and Safety at Work etc Act 1974 (HASAWA). This states that employers need to take steps considered practicable and reasonable to prevent employees from experiencing harm.
Manual handling is a task that can be performed in a range of different kinds of workplaces. Employers should do the following in relation to manual handling according to the Health and Safety Executive (HSE):
- Avoid the task together as far as it’s reasonably practicable to do so
- Assess the risks that the task poses where the manual handling can’t be avoided
- Control the risk of injury. For example, it might be possible to use mechanical help such as a trolley or hoist.
I you can demonstrate that employer negligence resulted in you being harmed as the result of a manual handling task at work, get in touch. You could be connected with a No Win No Fee lawyer from our panel.
When Can You Make Manual Handling At Work Claims?
Below are some examples of how employer negligence could result in a manual handling injury:
- A shoulder dislocation occurs because an employee was not properly trained in bending and lifting techniques
- A hand and thumb injury is sustained because an employee was asked to carry something that was too heavy.
- An employee is tasked to carry out manual handling in a poorly-lit area. This causes them to stumble on a step and fall back, dropping the load on themselves and suffering a knee injury and a head injury as a result.
Whatever the circumstances of your accident and injury, get in touch to discuss your case. Our advisors can offer free guidance on your workplace manual handling compensation claim and may be able to provide you with a solicitor to work on your case.
Potential Compensation From An Accident At Work Claim
Settlements in workplace manual handling compensation claims can be made up of two different kinds of damages. Pain, suffering and loss of amenity are compensated for under general damages. Legal professionals can use a publication called the Judicial College Guidelines to help them when valuing this head of claim.
We have included a table below using figures from this publication. They are only intended to be guideline amounts, however, as your claim’s actual value will depend on the circumstances of your accident.
Award Brackets
| Injury Area | How Severe? | Award Brackets | Definition |
|---|---|---|---|
| Hand | (c) Total Or Effective Loss Of One Hand | £96,160 to £109,650 | Cases where the hand was crushed leading to the traumatic amputation of all fingers and a portion of the palm. Upper part of the bracket could apply if it was the dominant hand. |
| Back | (a) Severe (i) | £91,090 to £160,980 | Severe spinal cord and nerve root damage which creates acute pain and disability. Possible incomplete paralysis or bladder impairment. |
| Back | (b) Moderate (i) | £27,760 to £38,780 | Cases in this bracket can include compression and crush injuries which give rise to a significant risk of discomfort and constant pain. |
| Fingers | (f) Severe Fracture To Fingers | Up to £36,740 | Injuries that cause partial amputations and result in deformity or impaired grip. Disturbed sensation and loss of mechanical function might also be a result. |
| Wrist | Wrist Injuries (b) | £24,500 to £39,170 | Significant permanent disability that still allows some useful movement of the wrist. |
| Knee | (b) Moderate (i) | £14,840 to £26,190 | Dislocation and torn cartilage injuries that cause wasting, weakness and minor instability. |
| Ankle | (c) Moderate | £13,740 to £26,590 | Fractures or ligamentous tears that cause more minor problems such as difficulty standing for long periods of time. |
| Pelvis | (b) Moderate (ii) | £12,590 to £26,590 | Cases where hip replacement or other surgery is required. Includes cases where replacement surgery may be required in the foreseeable future. |
| Elbow | (c) Moderate Or Minor Injury | Up to £12,590 | Includes a wide range of elbow issues such as tennis elbow syndrome and soft tissue lacerations that cause no permanent problems. |
| Shoulder | (c) Moderate | £7,890 to £12,770 | Frozen shoulder and limited mobility issues that persist for around 2 years. Can also apply to soft tissue injuries with more than minimal symptoms that will nevertheless subside. |
Special Damages
Financial losses can be reimbursed under special damages. For example, this could include:
- Loss of income if you were left unable to work because of your injuries
- Medical expenses
- Travel costs, for example, to and from medical appointments
- Prescription charges
If you would like guidance on what could be included in your workplace accident claim, please contact our team to learn more about how a personal injury solicitor could help.
What Evidence Do You Need To Sue Your Employer For Negligence?
Evidence can play an important role in supporting workplace manual handling compensation claims. Below, we have included some examples of proof you could provide:
- Any CCTV footage that shows the incident take place
- Contact details of witnesses who are willing to give statements at a later date
- Photographs of the injuries and a diary of symptoms
- Copies of medical records
A solicitor could help in the process of collecting evidence for workplace injury compensation claims. To see if you could work with one, speak with our team today.
Use Our Panel Of No Win No Fee Accident At Work Solicitors To Claim Compensation
It is not a legal requirement to use a solicitor to seek compensation. However, their expertise might make the claims process run more smoothly. With this in mind, we could connect you with a member from our panel of solicitors who offer services under a No Win No Fee agreement.
They could offer a form of this agreement called a Conditional Fee Agreement (CFA). There are several benefits to working with a personal injury solicitor in this way, such as:
- No immediate or ongoing fees are required
- Unsuccessful claims mean that there is usually no fee required for work completed on your case.
- If the claim has a successful outcome, an amount is deducted from the award. This is subject to a legislative cap which ensures you receive the majority of the payout
If you would like to learn more about whether you could work with a No Win No Fee solicitor, get in touch on the contact details below. We offer a free assessment and our advisors are happy to discuss any questions you may have about workplace manual handling compensation claims. You can:
- Call us for free on 0113 460 1216
- Find out about making a claim online
- Start a conversation via the live chat feature below.
Learn More About Workplace Manual Handling Compensation Claims
We offer further reading from our website below:
- Everything you should know about making a workplace accident claim
- A look at the different types of personal injury claims
- Information on the personal injury claims time limit
We also offer some links to other helpful information:
- 2021/22 workplace health and safety statistics from the HSE
- Guidance from the HSE on how to prevent slips and trips at work
- Advice from the NHS on back injuries
If you have any further questions about workplace manual handling compensation claims, please don’t hesitate to get in touch.
Writer Jeff Wallow
Publisher Fern Stringer