This guide looks at some of the most common manual handling injuries that are reported in workplaces. Furthermore, we will look at the process of claiming compensation when a breach of health and safety has caused an accident in which you were harmed.
Not all manual handling injuries in the workplace are the fault of an employer. However, this guide explores when you could be eligible to start a claim and what evidence could help prove one. We look at how settlements are valued and explain how a personal injury solicitor could help you.
At Personal Injury Claims Care, we can offer a free assessment of your claim. If it’s strong, we might be able to connect you with a member from our panel of personal injury solicitors to help start a manual handling injury claim. If you would like to learn more about the most common manual handling injuries, why not benefit from our excellent service?
- Call us for free on 0113 460 1216
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Choose A Section
- What Are The Most Common Manual Handling Injuries You Can Claim For?
- Manual Handling Claims – When Are You Eligible To Claim?
- How Could A Manual Handling Injury Be Caused By Employer Negligence?
- Potential Compensation From A Manual Handling Injury Claim
- Use Our Panel Of No Win No Fee Accident At Work Solicitors To Claim
- Read More About Manual Handling At Work Claims
The Health and Safety Executive (HSE) is the agency that regulates and enforces health and safety standards in the workplace in Britain. They regularly provide an index of tables that list statistics on workplace injuries. Three tables provide information as follows :
During 2021/22, for example, approximately 18% of accidents reported to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) related to handling, lifting and carrying. Of work-related musculoskeletal disorders in this same time period, 42% were related to the back, 21% to the lower limbs and 37% to the upper limbs.
You can discuss the specifics of your accident and injury with our team. Find out whether you could have a valid claim for free at the contact number above.
In order to make a claim for a manual handling injury, it’s important to ensure that you meet the eligibility criteria:
- Firstly, your employer owed you a duty of care at the time and place of injury
- Secondly, they breached that duty in some way
- Thirdly, you can show that you suffered physical injury, psychological injury or both as a direct consequence.
The duty of care that is owed to workers by those who employ them is laid out in the Health and Safety at Work etc Act 1974 (HASAWA). It sets out the need for employers to take steps considered reasonable and practicable to prevent employees from being harmed as they work.
Amongst other actions, employers can achieve this by conducting regular risk assessments, providing training and supplying workers with the right protective equipment that they need to do the role safely. The HSE gives guidance to help employers avoid manual handling accidents and injuries.
Is There A Work Injury Claim Time Limit?
Under the terms of the Limitation Act 1980, there is normally a three-year personal injury claim time limit that applies to beginning a claim. This starts from the date of the accident. Exceptions can apply in certain circumstances:
- If the claimant is under 18 at the time of the accident, the time limit is paused. Once they turn 18, they can pursue their own claim if one has not already been made. Alternatively, a litigation friend can claim at any point on their behalf until they turn 18
- A claimant who lacks the mental capacity to claim can also have a litigation friend appointed to start a claim for them. The limitation period will be suspended indefinitely in cases like this. The three-year period will begin from the date that mental capacity returns.
If you would like to determine whether you have a valid claim and, if so, how long you have left to begin proceedings, then speak with one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel to work on your claim.
Below, we look at some specific scenarios in which an employer might be liable for manual handling injuries:
- If they fail to risk assess the weight or size of an object and instruct an employee to move it when it’s too heavy, causing them back injuries as a result.
- An employer has not provided manual handling training, meaning that the employee uses an incorrect technique that causes an arm injury.
- The area where the manual handling takes place is not risk assessed. There is an unmarked wet floor that causes an employee to slip, trip or fall and suffer a head injury at work when carrying a load from one side of a warehouse to another.
If you’d like someone from our team to assess your circumstances and let you know whether you have a valid claim, why not get in touch today? Our advisors can offer free advice about other aspects of your claim, such as the evidence you could provide in support of it.
When you claim compensation for manual handling, you could receive up to two heads of claim if successful. General damages aim to compensate for the pain, suffering and loss of amenity caused. Medical evidence can be used to help.
Legal professionals refer to a publication called the Judicial College Guidelines (JCG) to assist them when valuing personal injury claims. The award brackets should be used only as a guideline:
|Area of Injury||Definition||Severity||Award Bracket|
|Head||Cases of moderate to modest intellectual deficit and impact on ability to work.||(c) Moderate (ii)||£90,720 to £150,110|
|Arm||The injury doesn't require amputation but leave the injured person little better off than if this was the case.||(a) Severe Injuries||£96,160 to £130,930|
|Hand||Injuries that reduce the dexterity and grip capacity of the hand by 50%.||(e) Serious Hand Injuries||£29,000 to £61,910|
|Wrist||Injuries that leave permanent disability but with some useful remaining movement.||(b) Wrist Injurires||£24,500 to £39,170|
|Neck||Injuries to discs in the cervical spine causing permanent nerve damage.||(b) Moderate (i)||£24,990 to £38,490|
|Knee||Injuries involving torn cartilage that causes minor instability or other mild future disability.||(b) Moderate (i)||£14,840 to £26,190|
|Shoulder||Frozen shoulder issues causing limited movement and discomfort that persists for about two years.||(c) Moderate||£7,890 to £12,770|
|Elbow||Simple fractures and tennis elbow syndrome or lacerations that cause no permanent damage.||(c) Moderate or Minor Injuries||Up to £12,590|
|Back||A full recovery (or to nuisance level) without the need for surgery within about two to five years.||(c) Minor (i)||£7,890 to £12,510|
|Pelvis||Despite significant injury, little or no residual disability remains. Complete recovery occurs within two years.||(c) Lesser Injuries (i)||£3,950 to £12,590|
Claiming For Special Damages In A Manual Handling Claim
The second potential head of a claim is special damages. These compensate the claimant for the past and future financial impact of the injuries. To have them included, it’s important to show proof such as receipts, invoices and payslips that show the cost incurred.
This could be documentation that shows:
- A loss of earnings
- Medical expenses
- Travel expenses
- Modification costs to home and vehicle
Special damages are something that a personal injury solicitor could help you include. To find out more about the most common manual handling injuries, get in touch. Or to get further information on when you can make workplace manual handling compensation claims, speak with our advisors today.
We work closely with a panel of personal injury solicitors who provide their services under No Win No Fee agreements. They may offer the service via a Conditional Fee Agreement (CFA), a kind of contract that falls under this umbrella which enables the claimant to start working with them at no upfront or ongoing charge.
If the claim is unsuccessful, the solicitors typically require no payment for their services. But a successful claim outcome means that a small and legally limited percentage is deducted from the award as a success fee. The majority of the compensation goes to the claimant.
If you are interested in finding out more about No Win No Fee agreements, please get in touch. Or if you just want more information on the most common manual handling injuries, our team are happy to discuss your case in a free, no-obligation call. You can:
- Call us 24/7 on 0113 460 1216
- Consider making a claim online
- Connect through the live chat feature below
As well as this guide on the most common manual handling injuries, you may find the following articles from our website helpful:
- Read about the manual handling claims process
- Have you suffered a fracture at work?
- Do you need to look for solicitors near you?
In addition, these external resources may be useful:
- Guidance on preventing slips and trips at work from the HSE
- HSE guidance on risk assessing pushing and pulling
- Lastly, advice from the NHS about back injury
Writer Jeff Wallow
Publisher Fern Stringer