You may be wondering whether you could claim for workplace injuries caused by manual handling. If so, this guide could help by providing you with an in depth look at the eligibility criteria that need to be met in order to begin a personal injury claim.
Additionally, this guide will look at the duty of care employers owe as well as the responsibilities they must uphold with regard to manual handling tasks that are carried out at work. We will also provide examples of how an injury could be sustained when performing tasks of this nature.
Later on in this guide, we explore the evidence that can be collected to support a claim. Also, you can find guidance on personal injury compensation settlements, including how they are calculated.
We also explore the advantages of working with a personal injury solicitor under a No Win No Fee agreement.
If you have any questions as you move through our guide, or you would like to discuss your potential manual handling claim, please speak with an advisor. To reach them, you can:
Choose A Section
- When Are You Able To Make An Accident At Work Claim For Manual Handling Injuries?
- How Can Workplace Injuries Be Caused By Manual Handling?
- Calculating Compensation For A Manual Handling Injury
- Evidence That Could Help You Claim For Manual Handling Injuries
- Make A No Win No Fee Manual Handling At Work Claim Using Our Panel Of Solicitors
- Learn More About How Workplace Injuries Could Be Caused By Manual Handling
If you have sustained workplace injuries caused by manual handling, you might wonder whether you could be eligible to pursue a personal injury claim. To do so, you would need to prove:
- Your employer owed you a duty of care at the time and location of the accident.
- They breached this duty of care.
- This caused you to suffer physical and/or psychological harm.
Negligence, in personal injury claims, is the breach of duty causing harm. This needs to be proven in order to seek compensation.
An employers duty of care is to take reasonable and practicable steps to prevent employees from becoming harmed in the workplace. This is established in the central piece of workplace health and safety legislation, The Health and Safety at Work etc. Act 1974.
It’s also important to note that The Manual Handling Operations Regulations 1992 details more specifically the responsibilities an employer has in relation to activities involving manual handling in the workplace. In Section 4 of the Act 1992, it states that an employer should avoid the need for employees to undertake manual handling tasks that involve a risk of injury as much as reasonably practicable. However, where this is not possible, they need to:
- Carry out a risk assessment
- Take appropriate steps to reduce the risk of injury
If there is a failure to do so, and this leads you to sustain harm, get in touch with our team to discuss the next steps you could potentially take.
The Health and Safety Executive (HSE), the national regulator for health and safety in the workplace in Britain, states that manual handling involves the use of bodily force to lift, carry, pull, push or put down a load.
There are several steps an employer can take to reduce the risk of injury when carrying out these workplace tasks, including reducing or minimising the load, clearing the workspace to remove trip hazards and ensuring the person performing the tasks has been adequately trained.
A failure to do so could result in an employee sustaining workplace injuries caused by manual handling. For example:
- An employee might be asked to carry a load across a factory without first being given any training. As a result, they sustain a soft tissue back injury in a factory accident.
- An employee may be instructed to move a large box from one area of an office to another. However, as the box obstructs their view, they trip over and sustain a fractured wrist injury.
To discuss your specific case and find out whether you could be eligible to seek compensation for your injuries sustained in an accident at work, please call an advisor.
If your personal injury claim for workplace injuries caused by manual handling is successful, two heads of claim could make up your overall settlement. General damages, the first head, will be awarded to compensate you for the pain and suffering caused by your injuries. Consideration is given to both how your injuries have impacted you physically and psychologically.
To value this head of personal injury claims, legal professionals can use a publication called the Judicial College Guidelines (JCG) to help them. We have used some of the guideline compensation brackets in this document to create the table below. However, you should only use these as a guide because personal injury payouts can differ depending on the specific circumstances unique to a case.
|Injury||Severity||Award Bracket - Guidelines||Definition|
|Neck||(a) Severe (ii)||£65,740 to £130,930||This bracket comprises injuries that involve, for example, damage to discs in the cervical spine leading to disabilities of a considerable severity.|
|Neck||(b) Moderate (i)||£24,990 to £38,490||Serious injuries to the soft tissues in the neck and back together.|
|Hand||(e) Serious||£29,000 to £61,910||Injuries that reduce the capacity of the hand by half.|
|Arm||(b) Injuries Resulting in Permanent and Substantial Disablement||£39,170 to £59,860||A serious fracture to one or both forearms leaving a residual disability that is permanent.|
|Back||(b) Moderate (i)||£27,760 to £38,780||This bracket includes damage to an intervertebral disc with irritated nerve roots and reduced mobility.|
|Back||(b) Moderate (ii)||£12,510 to £27,760||Disturbed ligaments and muscles resulting in backache.|
|Wrist||(c) Less Severe||£12,590 to £24,500||There is some permanent disability, such as a degree of persisting pain and stiffness.|
|Shoulder||(b) Serious||£12,770 to £19,200||Shoulder dislocation and damage to the lower brachial plexus causing pain in the neck and shoulder.|
|Shoulder||(c) Moderate||£7,890 to £12,770||Soft tissue injuries where symptoms that are more than minimal persist after two years but are not permanent.|
|Elbow||(c) Moderate or Minor||Up to £12,590||Injuries such as simple fractures, tennis elbow syndrome and lacerations, where there is no permanent damage or function impairment.|
Claiming For Financial Losses In Manual Handling Claims
The second head of claim that could be included in your settlement is called special damages. This compensates for the monetary losses incurred due to your injuries. For example, after sustaining workplace injuries from a manual handling accident at work. you could experience:
- A loss of earnings due to having to take time off work to recover from your injuries.
- Medical costs, such as for any prescriptions you have had to pay for.
- The cost of domestic care you may have needed to help you at home as you recover.
Evidence, such as wage slips, invoices and receipts, can help prove these losses.
For more information on compensation amounts for manual handling claims, please contact an advisor on the number above.
When claiming for workplace injuries caused by manual handling, you would need to prove employer negligence. To do this, you can gather evidence which can strengthen your claim, such as:
- CCTV footage of the accident
- A diary of any treatment you required and any mental or physical symptoms you experienced
- Copies of medical records, such as X-ray scans or prescriptions
- Photographs of your injuries as well as any hazards that caused or contributed to the accident
- Contact details of potential witnesses who can provide a statement at a later date.
One of the personal injury solicitors from our panel could offer assistance by helping you build your case. If you have a valid claim, and choose to work with them, they could guide you through the different aspects of the claims process. For more information on the services they can offer, call an advisor on the number above.
Our panel of solicitors have experience handling claims for manual handling injuries, and can offer their services in a No Win No Fee capacity. They can offer you a Conditional Fee Agreement (CFA), which typically means that no upfront fees are required for their services, nor are you expected to pay for the work they have completed on your case as it progresses, or if it fails.
Following the completion of a successful claim, a success fee will be taken by your solicitor from your compensation. This fee is taken as a percentage, which is subject to a legislative cap. This ensures you can keep the majority of your compensation.
To discuss whether you have valid grounds to seek accident at work compensation, or to learn how a solicitor from our panel could help, please contact an advisor. You can reach them by:
For more of our guides:
- A guide on the manual handling claims process.
- Learn when you could claim for an injury in the workplace.
- Find out about how shoulder injury claim payouts are calculated.
- What Types Of Personal Protective Equipment For Manual Handling Might Be Required??
For more external resources:
Thank you for reading our guide on when you could be eligible to make a personal injury claim for workplace injuries caused by manual handling. If you have any other questions, get in touch via the contact details provided above.
Writer Jeff Wallow
Editor Meg McConnell