In this guide, we will explore how accidents can occur due to a lack of, or substandard, manual handling training. We will look at how manual handling training can reduce the risk of injury in the workplace. The purpose of this guide is to provide you with information on the accident at work claims process while touching on the process through which values are assigned to claims.
Furthermore, we will outline the duty of care that all employers are legally required to adhere to and how a breach of this duty of care could result in someone sustaining harm. This guide will also make reference to the evidence you could use in support of a compensation claim.
Lastly, we will assess the advantages of choosing a No Win No Fee solicitor to potentially represent you and build your case. To see if you have grounds to make a valid claim, get in touch for a free assessment:
Jump To A Section
- How Can Manual Handling Training Lead To A Reduced Risk Of Injury?
- How Can Insufficient Manual Handling Training Lead To You Being Injured?
- Potential Evidence That Could Be Used In A Work Injury Claim
- Compensation You Could Receive From Common Manual Handling Injuries
- Want To Use Our Panel Of No Win No Fee Solicitors To Claim? Contact Us For Free Today
- Learn More About Claiming Accident At Work Compensation
If you’ve performed a manual handling task and been injured in the process due to having no manual handling training, you may be eligible to make a compensation claim. According to the Health and Safety Executive (HSE), who are the regulators of work-related health and safety in Britain, the act of manual handling involves the transporting of goods using hand or bodily force. This may include pushing, pulling, lifting or carrying etc.
Adequate manual handling training should outline to an employee the safest ways of conducting a task that poses risks. Manual handling training, according to the HSE, should cover:
- Risk factors and guidance on how injuries could happen
- Guidance on using mechanical aids, if appropriate
- Relevant work systems
- Good techniques associated with manual handling
- A practical element. This will ensure that the person delivering the training can spot any problems with the manual handling techniques being used and rectify them
Providing adequate manual handling training is just one of the ways that employers can adhere to The Health and Safety at Work etc. Act 1974. The HASAWA outlines the duty of care that all employers owe those they employ.
Employers must take all reasonably practicable steps to ensure the safety of their employees. These steps include conducting risk assessments and acting on the results, and conducting adequate training where necessary. If this duty is breached and you injure yourself as a result, you may be able to pursue a claim.
Please feel free to get in touch with one of our advisors today. They can offer free advice and may be able to provide you with a lawyer from our panel.
If you haven’t received sufficient manual handling training, you could be injured in a workplace accident. For example:
- You could experience a back injury from attempting to lift and carry an object in an unsafe manner
- You may attempt to lift a load that is too heavy and sustain a shoulder injury as a result. When your employer instructs you to perform a manual handling task, they should be able to give you a general indication of the weight and heaviest side of each load.
- You’re not given training from your employer on where to hold the load in relation to your body, depending on the weight. As a result, you trip and fall and sustain an ankle injury
If you have been injured at work in a way we haven’t touched upon, why not speak with an advisor today? You could be connected with a No Win No Fee solicitor from our panel.
Collecting evidence to prove that your injuries were caused by employer negligence can be useful to strengthen your claim. Here are some examples of evidence that could be gathered:
- Photographs of your injuries and the accident site
- Witnesses’ contact information so that they can give a statement at a later date
- CCTV footage of the accident
- Medical records, e.g. X-rays
A successful manual handling injury claim can attract up to two heads of claim – general damages and special damages. General damages account for the physical and psychological pain and suffering that you’ve experienced due to your injuries. The severity of your injuries and the impact they’ve had on your quality of life will be considered when your accident at work claim is valued.
Widely used by legal professionals to help them when valuing claims, the Judicial College Guidelines (JCG) is a publication which features an extensive list of injuries along with their compensation brackets. We have compiled a table below to illustrate some of these brackets. Please note, as your claim is on a case-by-case basis, the figures are only a guideline, not a guarantee.
Compensation Guideline Table
|Severity Of Injury
|Damage to the nerve roots and spinal cord, resulting in severe pain and disability.
|£91,090 to £160,980
|A full recovery is to happen within three months.
|Up to £2,450
|Injuries don't require amputation but the injured party isn't much better off than if they did. This could include a severe injury to the brachial plexus.
|£96,160 to £130,930
|Significant disabilities will have been present initially, but a great degree of recovery has happened or will happen.
|£19,200 to £39,170
|This bracket includes cases of a transmalleolar fracture with substantial soft-tissue damage which can result in deformity. There is a risk of a below-knee amputation in the event of any future damage to the joint.
|£50,060 to £69,700
|Minor undisplaced fractures, sprains and injuries to ligaments and tendons.
|Up to £13,740
|Injuries are often associated with neck injuries and damage is caused to the brachial plexus.
|£19,200 to £48,030
|Soft tissue injury that allows for a considerable amount of pain. Full (or almost full) recovery to be expected within a year.
|£2,450 to £4,350
|This bracket contains injuries resulting in serious permanent disabilities but some movement will remain.
|£24,500 to £39,170
|Injured party will experience minor undisplaced fractures but will make a full (or virtually full) recovery within around 12 months.
|£3,530 to £4,740
Financial Losses In Manual Handling At Work Claims
Special damages compensate for any losses that you have experienced financially as a result of your injuries. These financial losses may include medical care costs, loss of earnings or transport costs to hospital appointments.
Evidence that you’ve incurred these losses can be in the form of a payslip, invoice or receipts etc. For example, if you had to get a taxi to the hospital as your injuries are restricting you from driving, you should keep the receipt or invoice if you wish to be reimbursed for your loss.
If you require assistance with building a claim after suffering from an accident at work caused by a lack of manual handling training, don’t hesitate to get in touch. One of the lawyers from our panel could connect you with a No Win No Fee lawyer from our panel.
No Win No Fee solicitors offer you the opportunity to access legal representation for your claim with no upfront costs. Further advantages include:
- You don’t have to pay anything throughout the duration of your claim
- If your claim fails, you generally don’t have to pay any of your solicitor’s fees
In the event that your claim succeeds, your solicitor will subtract a success fee from your settlement. This is made up of a percentage of your compensation which is capped by law.
To learn more about whether a No Win No Fee solicitor from our panel can represent you in your manual handling accident claim, please contact us:
We have included links to some of our other guides, which you may find useful:
Here are some additional resources that you could find helpful:
NHS Guide – How do I know if I’ve broken a bone?
Guidance from the HSE – Getting help for manual handling risks
Writer Laura Smith
Publisher Fern Stringer