All manual handling injury claims need to clearly demonstrate that an employer’s negligent actions resulted in the accident and subsequent injuries. Manual handling accidents can be very serious, resulting in employees sustaining significant workplace injuries ranging from a hernia to a crush injury. Due to the severity of the injuries you can suffer and the dramatic impact they can have on your life, it’s vital that you pursue compensation if it wasn’t your fault. Our panel of solicitors are experts in accident at work claims and could help you.
Here at No Win No Fee Lawyers Direct, our dedicated team of advisors can assist you with an array of things, ranging from providing you with an estimated compensation figure to discussing legal time limits. Whatever you need, our advisors are here to help. Moreover, our panel of solicitors can offer their legal services on a No Win No Fee basis.
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Jump To A Section
- What Is A Manual Handling Injury?
- Can I Make A Manual Handling Injury Claim?
- How Might Negligence Lead To A Handling Or Lifting Injury?
- Manual Handling Injury Compensation Amounts
- What Evidence Will I Need To Claim Manual Handling Compensation?
- How Long After My Manual Handling Injury Can I Claim?
- No Win No Fee Manual Handling Injury Claims
- Learn More
What Is A Manual Handling Injury?
A manual handling injury involves damage to the body via the motion of lifting, lowering, carrying, pushing or pulling objects by hand. Damage to the body can include injury to muscles, joints or tissues.
Some examples of common manual handling injuries are:
- Shoulder dislocations
- Sprains and strains
- Slipped discs
- Hernias
- Broken bones
- Crush injuries
- Cuts and lacerations
Please find more detailed examples below:
- An employee was not provided with grip gloves by their employer despite a risk assessment identifying they would need them, causing them to drop a heavy box on their foot, resulting in several broken toes.
- An employee has not received manual handling training from their employer, yet they are still asked to move a load, resulting in the employee lifting a heavy load with a curved back. They suffer from a herniated disc in their spine.
- An employee is told by their employer that they must move a particular heavy load by hand instead of being provided with a forklift or trolley, resulting in them suffering a hernia.
- An employee is asked by their employer to move several boxes in a restricted space. To move a heavy box to a certain shelf, the employee had to twist awkwardly, resulting in a severe neck sprain.
- An employee stacks several boxes on top of one another in a precarious fashion. The stack of boxes topples and falls on another employee, causing them to sustain a laceration on the crown of their head.
Do Manual Handling Injuries Occur Often?
Yes, manual handling injuries do occur often, and according to the Health and Safety Executive (HSE), manual handling accidents account for 17% of all non-fatal workplace injuries, making it the 2nd most common accident type.
If you would like to talk to a professional about a specific manual handling injury sustained while working, please ring us for free today.
Can I Make A Manual Handling Injury Claim?
Yes, you can make a manual handling injury claim if you can prove that it was your employer’s negligent actions that resulted in you getting hurt.
Specifically, you must be able to prove that:
- You were owed a duty of care by your employer – As per the Health and Safety at Work etc Act 1974, your employer legally owes you a duty of care by taking reasonable steps to ensure your safety. Notably, the Manual Handling Operations Regulations 1992 outline the employer’s duty to assess, avoid, and reduce the risk of injury from manual handling tasks to safeguard employees.
- This duty was breached – For example, your employer failed to provide you with sufficient manual handling training, or did not perform a risk assessment on the loads or space where they would need to be moved.
- The breach caused you to suffer a manual handling injury – this could be a sprain in your back or a fractured foot after dropping a heavy load.
Would you like your manual handling claim eligibility assessed for free by an expert? We can assess the eligibility of all manual handling compensation claims. Call us today.
How Might Negligence Lead To A Handling Or Lifting Injury?
Negligence might lead to a handling or lifting injury because an employer fails to implement safety procedures, adequately train employees, or provide the workforce with faulty equipment.
Some more examples of employer negligence are:
- Unsafe working conditions, such as unstable flooring or poor lighting
- Failing to provide safety gear (PPE) such as steel-toe boots and grip gloves
- A lack of management supervision to spot and prevent accidents
- Failing to inspect equipment for faults or disrepair regularly
- Overworking staff results in mistakes and subsequent accidents
To prevent manual handling injuries, employers can:
- Conduct regular and thorough risk assessments
- Provide mechanical aids such as trolleys and hoists
- Offer detailed training on safe lifting techniques
- Improve workspaces by fitting sufficient lighting and keeping areas clutter-free
- Foster a strong safety culture via e-learning and hands-on training
If you believe your manual handling injury was caused by the negligent actions of your employer, contact our team of advisors who will talk you through the next steps.
Manual Handling Injury Compensation Amounts
When it comes to compensation for manual handling injuries, you can be compensated for the pain and suffering you have experienced, including any mental harm, under a head of loss called general damages.
The Judicial College Guidelines (JCG) is a useful publication that solicitors often use as a framework for calculating general damages for their clients. This is because the JCG provides a detailed list of injuries by severity level and corresponding guideline compensation brackets.
To be helpful, we have provided a table containing relevant injuries from the JCG that you may sustain in a manual handling accident. Please bear in mind that the top entry has not been taken from the JCG, and we ask that you use our table as guidance only.
| INJURY | COMPENSATION BRACKET | NOTES |
|---|---|---|
| Multiple Severe Injuries Plus Special Damages | Up to £500,000+ | Multiple severe injuries plus special damages covering things like loss of wages, medical expenses and childcare costs. |
| Back - Severe (i) | £111,150 to £196,450 | This bracket covers the most severe back injuries involving damage to the spinal cord and nerve roots. |
| Back - Moderate (i) | £33,880 to £47,320 | This bracket covers a variety of injuries such as the claimant suffering a residual disability. |
| Back - Moderate (ii) | £15,260 to £33,880 | This compensation bracket covers injuries involving disturbance of ligaments and muscles causing backache. |
| Neck - Severe (i) | In the region of £181,020 | The injured individual will have suffered a neck injury associated with incomplete paraplegia. |
| Neck - Moderate (i) | £30,500 to £46,970 | The injured claimant will have suffered injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion. |
| Neck - Moderate (ii) | £16,770 to £30,500 | Cases will involve soft tissue or wrenching-type injuries. |
| Foot - Severe | £51,220 to £85,460 | The injured individual will have fractures to both heels or feet accompanied by substantial restriction on mobility. |
| Hernia - a) | £18,180 to £29,490 | The claimant will have suffered a hernia that causes continuing pain and/or limitation on physical activities, sport, or employment, after repair. |
| Shoulder - Serious | £15,580 to £23,430 | The injured person will have sustained a dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck. |
Can Manual Handling Injury Claims Compensate For Financial Losses?
Yes, manual handling injury claims can compensate for financial losses caused by the injuries, such as lost wages, under a head of claim called special damages.
Some other examples of financial losses that special damages can cover include:
- Property adaptations
- Costs from professional care
- Medical expenses
- Loss of future earnings
- Travel costs
To receive special damages as part of your manual handling compensation, you will first need to prove them with evidence such as payslips, invoices and receipts.
If you would like to discuss your eligibility to receive special damages with a professional, connect with an expert advisor today.
What Evidence Will I Need To Claim Manual Handling Compensation?
You will need evidence such as your medical records, CCTV footage and other pieces of proof that show your employer’s negligent actions caused your injury in order to claim manual handling compensation.
Examples of evidence that can be used to support manual handling injury claims include:
- Photographs or videos of the accident site
- Photographs or videos of any visible injuries
- A photocopy of the reported incident in the workplace accident book
- Contact details from witnesses so your solicitor can write up witness statements
Gathering evidence whilst you’re recovering from a manual handling injury can be very stressful. Don’t worry, our panel can gather evidence for you. Contact us to find out more.
How Long After My Manual Handling Injury Can I Claim?
The length of time you have to claim after your manual handling injury is 3 years from the date the accident occurred, as per the Limitation Act 1980. This is known as the limitation period, and it’s vital you adhere to it in order for your claim to be valid.
There are exceptions to the legal time limit:
- Vulnerable adults who lack mental capacity: The time limit for individuals who lack mental capacity will be suspended indefinitely unless they recover and regain their mental capacity. In this instance, the time limit will run from the date of their recovery.
- Children under the age of 18: The time limit is paused until the child’s 18th birthday, giving them until their 21st birthday to begin the claiming process.
An important point to note is that a litigation friend can claim on behalf of the injured claimant while the time limit is on hold. This role will typically be taken on by a family member or other trusted individual of the protected person. The litigation friend will be responsible for decision-making, representation, and communication with legal professionals during the claims process.
We can confirm the eligibility of manual handling injury claims by assessing whether they fall within the legal time limit. Let us assess your claim for free by contacting us today.
No Win No Fee Manual Handling Injury Claims
Here at No Win No Fee Lawyers Direct, our panel of solicitors can help you make a manual handling injury claim. Specifically, on a No Win No Fee basis via a Conditional Fee Agreement (CFA) contract. This means:
- No solicitors’ fees if your manual handling injury claim fails
- No solicitors’ fees while your claim is ongoing
- No upfront solicitors’ fees
- If your manual handling injury claim wins, you will be expected to pay a success fee. This is a small fee paid directly from your accident at work compensation as a legally limited percentage, as per the Conditional Fee Agreements Order 2013.
Don’t worry, the details of a No Win No Fee funding option will be explained to you in detail before the personal injury claims process commences.
Support Services
Pastoral care is at the heart of what we do. Consequently, our panel offers a robust range of services to support you during the claims process. We’ve provided some examples of the support we can offer you below. We will:
- Gather strong pieces of evidence to fortify your manual handling claim
- Answer any and all of your questions throughout the entire claims process
- Translate complex legal language into plain English and explain legislation
- Fight for the highest compensation possible that accurately covers both damages and losses
- Provide you with regular and detailed updates regarding the progress of your accident at work claim
Contact Personal Injury Lawyers Direct
If you would like to take advantage of our support services, please get in touch with a dedicated advisor by using the following contact information:
- Call us for free on 020 8050 4194
- Contact us by filling out our online form
- Use our live chat
Learn More
Some additional guides by us:
- Guidance on road traffic accident claims.
- Learn when public liability claims could be made.
- Advice on the fatal accident claims process.
Some additional external resources:
- Learn about manual handling at work from the Health and Safety Executive (HSE).
- Read about navigating back pain from this NHS resource.
- Locate your nearest urgent treatment centre.
Thank you for taking the time to read our guide on manual handling injury claims.