Accident at work
Manual handling claims
Suffering an injury due to a manual handling accident can be incredibly distressing and painful. If you’ve been injured due to your employer’s negligence, you could be entitled to claim compensation.
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What are manual handling injuries?
Manual handling injuries is a group term used to describe any injury sustained while transporting or holding an object or weight by hand. This includes any manual action acting against an object, such as lifting, placing, carrying, moving, pushing, or pulling.
Injuries can be relatively minor - such as cuts and scrapes, bruising and slight muscular pain - or they can be much more serious, including fractures and broken bones, severe muscular damage, or even permanent disability.
Employers are required by law to provide the proper training and equipment to keep their employees safe; unfortunately, this is not always the case, and safety measures are either not provided or not adequate for the risk involved.
Where an employer has not taken all reasonable steps to keep you safe while you carry out your work, and you have suffered an injury as a result, you could be entitled to make a manual handling claim.
How common are manual handling injuries in the workplace?
Unfortunately, manual handling injuries are some of the most common injuries sustained at work and can have a substantial impact on your quality of life.
According to the Health and Safety Executive (HSE), manual handling accidents account for nearly a fifth of all incidents reported through RIDDOR by employers. What’s more, work-related musculoskeletal disorders are thought to affect more than 450,000 workers in the UK, with the back and upper limbs the most commonly affected areas.
What should be done to avoid manual handling accidents in the workplace?
It is your employer’s responsibility to ensure that you and your colleagues are safe when carrying out your work. There are several pieces of legislation, including the Health and Safety at Work etc Act 1974 and the Manual Handling Operations Regulations 1992, that your employer is required to adhere to.
Where manual handling of heavy objects is required, employers should carry out a risk assessment and take reasonable steps to reduce the risk of injury. One common way to do this is by following the TILE guidance – task, individual, load, and environment:
- How will the task be completed, and what action should be taken? For instance, should the object be lifted, pushed or pulled?
- Is the task within the capabilities of the person being asked to complete the work?
- Is the load (size, shape and weight) capable of being moved by one individual or does it require additional assistance?
- Is the environment clear of obstructions, obstacles or other hazards?
I used Slater and Gordon for an accident at work claim. They were very professional and quick. When you needed to get in touch with them there was never a problem. Definitely would use them again. Client testimonial (for Tom Mulcock)
Really helpful and always on the other side of the phone if needed. Quick and easy service. Client testimonial (accident at work case)
Following an accident at work, which has left me wheelchair bound and in need of an above knee amputation in the future, I am delighted that my solicitor, Tracey Benson, at Slater and Gordon has steered my case through to a successful conclusion. I am now in possession of my dignity and self-belief again. 5* Trustpilot Review (for Tracey Benson)
What evidence do I need to support my manual handling claim?
To make a claim for a manual handling injury, you’ll need to be able to prove that your employer’s negligence was at least in part to blame for the accident that caused your injuries. To do this, you’ll need to collect appropriate evidence (your solicitor will be able to help you with this).
Evidence that could be required to make a claim includes:
- The official record of your accident in your company’s accident book
- Medical records detailing any injuries seen by a doctor or medical professional, and the treatment that was prescribed
- Witness statements from the accident
- Photographic or video evidence of the accident (including CCTV footage)
- Records of any financial losses incurred because of your injuries, such as time out of work, treatment costs and travel expenses
Why should I choose Slater and Gordon?
Employers are legally, and morally, obligated to ensure the safety of their employees while carrying out their work, particularly when undertaking potentially dangerous tasks such as manual handling. While it is nearly impossible to entirely remove the risk of injury, employers must take every reasonable step to prevent accidents from occurring. Where this obligation is not met, the consequences can be severely damaging, both physically and psychologically.
Our industry-leading team of accident at work solicitors have earned top ranking from independent legal guides (Chambers and Partners, and the Legal 500), as well as esteemed positions within the Association of Personal Injury Lawyers (APIL).
We know that moving forward involves more than just legal advice and compensation, which is why we work closely with medical professionals to determine the impact of your injuries in the long-term and identify any additional support and rehabilitation you may need.
Why choose Slater and Gordon?
No Win No Fee
We’re no win no fee specialists, meaning there’s no financial risk when making a claim for an accident at work.
Talk to the experts
Our teams of legal experts specialise in representing those who’ve suffered injuries at work.
Tailored advice
As specialists in accident at work accident claims, we’ll ensure your case is dealt with swiftly, whilst ensuring you receive the maximum compensation.
Your local law firm
We’re a reputable national law firm with expert lawyers in local areas across England, Scotland and Wales.
Frequently asked questions
Could I lose my job if I make a manual handling claim against my employer?
No. Under UK law, employers are not allowed to dismiss staff who make a personal injury claim against their business.
We know that many people can feel uncomfortable with the idea of making a claim against an employer, and often it is the thought of the added cost to the business (and the implications for their boss) that concerns them. It is important to remember that businesses in the UK are required to have liability insurance, which will cover the cost of any claim you make against your employer.
Can I make a manual handling injury claim if I am self-employed?
Yes. Regardless of the terms of your employment contract, you are entitled to the same level of protection and safety as anyone else, and it is the duty of your employer to ensure that your working environment is as safe as possible.
If they have failed to make the correct checks, or take appropriate measures to ensure your safety, they are responsible for any accident that occurs, and you may be entitled to make a claim.
To discuss your claim in more detail, speak to a member of our team today.
How much compensation could I receive for a manual handling injury?
Every manual handling claim is different, and the final figure for compensation depends upon the seriousness of the injury, as well as how much it might affect your ability to work in the future, and how much any rehabilitation might cost.
However, we take most manual handling injury cases on a No Win No Fee basis and seek interim payments to help you avoid hardship if you are prevented from working by your injuries.
What is the time limit for making a manual handling claim?
The general rule is that a claim must be brought within three years of the date of the accident. However, there are exceptions, such as if you're claiming on behalf of someone who has diminishing mental capacity, in the event the accident happened abroad, or in the tragic circumstances where there is a death.
It's therefore important that you speak to a solicitor who specialises in manual handling injuries as soon as you are able.