If you have experienced a manual handling injury at work, you might be wondering whether you could be entitled to compensation. If your employer’s negligence caused you to be injured, you might be eligible to make a work injury claim.
Manual handling injury at work claims guide
This article discusses what steps you need to take in order to make a claim against your employer. We will explore how manual handling incidents could occur as a result of negligence and what evidence you can provide to strengthen your claim. Furthermore, we will highlight some guideline compensation brackets that can help you understand how much your claim may be worth.
For advice on making a manual handling injury at work claim, speak to one of our advisors today. Our team are can offer free legal advice with no obligation to use our services. To reach us, use the following contact details.
- Call 0800 073 8805
- Use the contact page to start your claim
- Message us through the live chat
Select A Section
- When Are You Eligible To Claim For A Manual Handling Injury At Work?
- How Could You Suffer A Manual Handling Injury At Work?
- What Is A Potential Compensation Payout From A Work Injury Claim?
- Potential Evidence That Could Be Used When Claiming For A Manual Handling Injury At Work
- Use Our Solicitors To Work Your Accident At Work Claim On A No Win No Fee Basis
- Learn More About Claiming Due To Employer Negligence
When Are You Eligible To Claim For A Manual Handling Injury At Work?
A central piece of legislation called the Health and Safety at Work etc. Act 1974 displays the duty of care that all employers must abide by. This means that all employers must take all reasonable steps to prevent injury. Furthermore, the Manual Handling Operations Regulations 1992 outlines the duties of employers specifically in relation to manual handling.
Failure to adhere to these pieces of legislation could cause accidents which result in injury. If you can prove that your employer’s negligence caused a breach in this duty of care and you suffered injuries as a result, you may be eligible to seek a settlement.
The Health and Safety Executive (HSE) offers guidance on protecting workers from injury. This includes a guide on manual handling. These aren’t legal requirements but should be used as a guide. For example, these guidelines state that an object should not be heavier than 20kg if you’re lifting it at elbow height.
Continue with this guide to see what circumstances could lead to a manual handling injury at work claim. Alternatively, our advisors are available 24/7 to assist you with any enquiries.
How Could You Suffer A Manual Handling Injury At Work?
It is important to prove that your employer was negligent in order to claim compensation for a manual handling injury at work. Below, we have included examples of how manual handling injuries in the workplace could be caused by employer negligence:
- Your employer fails to train you on how to move and carry objects safely. As a result, you lift an object that is too heavy, putting strain on your back and causing a spinal injury.
- A hazard on the floor isn’t tidied away, causing you to trip and fall while carrying a heavy object.
- You’re told to carry a load that is too heavy to do safely. As a result, you sustain an injury in a factory accident.
Call our advisors to confirm if you’re eligible to make a claim after a breach of duty of care. If you are, then you could be connected with a No Win No Fee lawyer from our panel to work on your case.
Is There A Time Limit To Claim Accident At Work Compensation?
The Limitation Act 1980 outlines the general time limit to start your manual handling injury at work claim. This means you must start a claim within three years of the date the accident happened, though there are some exceptions that can apply.
For example, if the claimant lacked the mental capacity to claim themselves, the time limit would be suspended unless they recovered. In these circumstances, a litigation friend can be appointed to pursue a claim on behalf of the injured party.
There are other circumstances that could mean this general time limit doesn’t apply. For further information on whether this is the case for your circumstances, please don’t hesitate to contact our advisors.
What Is A Potential Compensation Payout From A Work Injury Claim?
In a successful personal injury claim, you could be awarded general damages. This is the head of claim that compensates you for the pain and suffering caused by any physical or psychological injuries.
To value general damages in a claim, legal professionals can use the Judicial College Guidelines (JCG), which is a publication that displays compensation brackets for a range of injuries of varying severities. The table below shows examples from the JCG as a guideline of what your claim may be worth.
| Damages | Compensation | Injury Description |
|---|---|---|
| Severe Back Injury (a) (i) | £91,090 to £160,980 | Damage to the spinal cord with nerve root injuries, causing serious consequences with severe pain and disability. |
| Moderate Back Injury (b) (i) | £27,760 to £38,780 | Cases of compression and crush fractures to the lumbar vertebrae with constant pain are included in this bracket. |
| Minor Back Injury (c) (i) | £7,890 to £12,510 | Surgery isn’t required, and injuries such as soft tissue damage and less serious strains recover within five years. |
| Severe Knee Injury (a) (i) | £69,730 to £96,210 | Serious injuries to the knee can include joint disruption and gross ligamentous damage, causing considerable pain with loss of function. |
| Moderate Knee Injury (b) (i) | £14,840 to £26,190 | Knee dislocation and torn cartilage can cause minor instability, mild future disability and knee weakness. |
| Wrist Injury (a) | £47,620 to £59,860 | The injured person will lose all function in the wrist. |
| Wrist Injury (b) | £24,500 to £39,170 | Some useful wrist movement remains. However, injuries will cause disabilities of a significant and permanent nature. |
| Serious Leg Injury (b) (iii) | £39,200 to £54,830 | Injuries to joints in the leg result in instability, prolonged treatment and extensive scarring. |
| Less Serious Leg Injury (c) (i) | £17,960 to £27,760 | Leg fractures or serious soft tissue damage in this bracket cause impaired mobility, sensory loss and discomfort. |
| Modest Foot Injury (g) | Up to £13,740 | Simple foot injuries in this bracket include ruptured ligaments and puncture wounds. |
Claiming Special Damages As Part Of Your Accident At Work Compensation
Another head of claim, called special damages, can be awarded to account for financial losses resulting from the accident in which you were injured. For example, if you’ve suffered injuries that prevent you from returning to work, you could claim for loss of earnings.
As well as with general damages, you must provide evidence in order to claim special damages. This can be in the form of invoices, receipts and bank statements.
Our advisors are available 24/7 to offer you support and provide an assessment of your claim’s potential value.
Potential Evidence That Could Be Used When Claiming For A Manual Handling Injury At Work
You must prove that employer negligence occurred in order to make a manual handling injury at work claim. There are many forms of evidence you can provide to support a compensation claim, such as:
- Photographs of your injuries and the scene where the accident took place
- CCTV footage of the accident
- A copy of the entry in the accident at work book
- Details of witnesses that can be contacted at a later date to support your claim
In addition to collecting evidence, it is important that you receive medical attention after an accident that caused you injuries. You can use the records that this produces to support your claim for compensation.
If you work alongside a solicitor, they can assist you in gathering evidence and also may be able to represent you if your claim goes to court. If you get in touch with our team today, you could be connected with a No Win No Fee lawyer from our panel. Read on for information on what this means.
Use Our Solicitors To Work Your Accident At Work Claim On A No Win No Fee Basis
You may be interested in approaching your manual handling injury at work claim with legal representation. Our solicitors offer their services through Conditional Fee Agreements (CFA). This is a type of No Win No Fee agreement with the following advantages:
- Support and representation from a legal professional throughout your claim
- No fees to pay upfront, during your claim or if you’re unsuccessful in claiming compensation
- A success fee is taken from your settlement total if your claim is successful. This is limited by law to prevent overcharging.
If the benefits of No Win No Fee agreements sound appealing to you, why not contact our advisors? If your claim has a chance of success, our team can put you through to a workplace injury solicitor to start the process.
- Call us on 0800 073 8805
- Start your claim by requesting a callback
- Use the live chat
Learn More About Claiming Due To Employer Negligence
Please see below for more injury at work claims guides.
- Needlestick injury at work claims
- Claim for a finger injury at work
- Claim for a cutting injury at work
You can also use these sources for further research towards your manual handling injury at work claim.
Writer Jess Arthur
Publisher Fern Strauss